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Employment
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March 31, 2025
School District Argues To Toss Ex-Athletic Director's Bias Suit
The former athletic director for a Western Pennsylvania school district failed to show the connection between her second pregnancy and her firing a month after returning from leave, the school district said in a motion to dismiss the ex-employee's federal lawsuit Monday.
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March 31, 2025
Levi Strauss 'Sandbagged' By Bias Case Witness, Court Told
Levi Strauss urged the California federal judge overseeing a former marketing director's sex-discrimination suit to exclude the woman's therapist from testifying at trial about the alleged emotional distress she suffered while employed by the denim manufacturer, saying Monday that the company was "sandbagged" at the last minute with the witness.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
NJ Panel Denies Double Pay For Union In COVID Case
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Trump Chooses DOL Wage Chief
President Donald Trump on Monday nominated Andrew Rogers, acting general counsel for the U.S. Equal Employment Opportunity Commission, to run the U.S. Department of Labor's Wage and Hour Division, a role that along with the labor secretary oversees wage rulemaking and enforcement.
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March 31, 2025
JB Hunt Drivers Urge 9th Circ. To Revive Piece-Rate Wage Suit
Delivery truck drivers urged the Ninth Circuit to revive their wage-and-hour suit alleging J.B. Hunt used a piece-rate formula that did not separately compensate for tasks done off-the-clock, which included fueling trucks or completing paperwork, arguing Monday the company's system ultimately failed to pay drivers for all hours worked.
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March 31, 2025
Ex-Bridgewater Execs Forced To Arbitrate Discrimination Suit
A Connecticut federal judge on Monday agreed to force arbitration of a dispute from two former Bridgewater Associates LP executives alleging discrimination against the multibillion-dollar asset management firm.
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March 31, 2025
US Steel Beats Fired Medical Pot Patient's Fed. ADA Fight
A Pennsylvania federal judge on Friday granted U.S. Steel summary judgment on a medical cannabis patient's Americans with Disabilities Act claims in a lawsuit alleging the steel giant wrongfully fired him for his medical marijuana license and off-the-job marijuana use.
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March 31, 2025
South Dakota Moves To Halt NCAA NIL Settlement Rollout
South Dakota asked a state court on Monday to stop the NCAA from putting in place a $2.78 billion settlement with athletes in their class action over name, image and likeness compensation, one week before a scheduled hearing for final approval in California federal court.
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March 31, 2025
USPTO Cuts Not A Source Of Savings For Trump, Attys Say
As the Trump administration focuses on shrinking the federal government and reducing agency headcount, the U.S. Patent and Trademark Office should be spared from layoffs and other disruptions because it's fully funded by user fees, attorneys told Law360.
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March 31, 2025
Ex-MSPB Member Asks Full DC Circ. To Hear Firing Case
Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.
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March 31, 2025
10th Circ. Hands Server New Trial In Sexual Harassment Case
The Tenth Circuit granted a former server a new trial Monday on her sexual harassment and retaliation claims against a golf club restaurant, citing "puzzling" jury findings that cleared the restaurant of wrongdoing but awarded the server $125,000 in damages.
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March 31, 2025
Conn. High Court Urged To Expand Amazon Wage Questions
Amazon workers asked Connecticut's top court to expand two questions certified from the Second Circuit over whether post-shift anti-theft screenings should have been compensated, saying the time workers spent walking to screening areas is also part of the issue.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Judge Says Ga. School's Bias Defenses 'Odd' And 'Odder'
A Georgia chiropractic school must face a former groundskeeper's claims that he was fired on bogus grounds because he reported his boss for helping his girlfriend steal company time, after a federal judge dinged the school Monday for the "weakness" of its defenses and suggested it may have falsified records to justify the worker's ouster.
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March 31, 2025
EMS Workers Get Nothing In Wage Suit Against NC County
A North Carolina county violated the Fair Labor Standards Act by underpaying emergency medical services workers during certain pay periods, but the workers are not entitled to any extra money because they were overpaid at other times, a federal judge determined Monday.
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March 31, 2025
Workplace Misconduct Infrequent In Fed. Courts, Survey Says
The vast majority of federal judiciary employees say they have not experienced discrimination, harassment or abuse at work, but many of those workers are still reluctant to report misconduct when they do experience it, according to a report issued Monday.
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March 31, 2025
Justices Probe Wis. Denial Of Exemption To Catholic Charities
Justices of the U.S. Supreme Court seemed deeply skeptical Monday that Wisconsin was on firm constitutional grounds in denying an unemployment tax exemption to a group of Catholic charities because, as the state claimed, they were not operated primarily for religious purposes.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
Paramount Escapes 'Dexter' COVID Safety Worker's Bias Suit
A New York federal judge threw out a COVID-19 safety worker's suit accusing Paramount Global of undermining and firing her because she's an older woman, saying she failed to rebut the "Dexter" producer's argument that she was fired because she was "toxic" and a poor performer.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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March 31, 2025
Amazon's Bid To Kick Drivers From Pay Suit Mostly Denied
A Washington federal judge agreed to oust only two of the 11 workers Amazon asked to dismiss from an 8-year-old suit accusing the company of misclassifying drivers as independent contractors, saying the other nine made enough effort to comply with discovery.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
Expert Analysis
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Roundup: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.