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Employment
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February 25, 2025
Special Counsel Calls Out Illegal Federal Worker Firings
The firings of six probationary federal employees amid the Trump administration's mission to trim the federal workforce were unlawful, the head of the U.S. Office of Special Counsel said, urging the Merit Systems Protection Board to halt the dismissals while indicating more workers are in the same boat.
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February 25, 2025
Jones Day, Married Ex-Associates End Suit Over Family Leave
Jones Day and two former associates have settled their acrimonious and long-running legal battle over the firm's allegedly sexist family leave policy, they told a Washington, D.C., federal court Tuesday.
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February 25, 2025
Union Says Train Co.'s Lawsuit Frustrates Bargaining
A Florida high-speed rail operator is not bargaining in good faith with a transport workers union by claiming it is not subject to federal railway labor law, the union alleged in a lawsuit filed in federal court Tuesday.
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February 24, 2025
9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal
The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.
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February 24, 2025
DC Judge Wary Of Constitutionality Of Musk's DOGE
A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.
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February 24, 2025
Unions, Groups Say Fed. Employees '5 Things' Email Illegal
A group of unions challenging the federal layoff order said the U.S. Office of Personnel Management's controversial request for federal employees to include in a weekly email five things they accomplished flouts federal law, amending their lawsuit in California federal court.
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February 24, 2025
Md. Judge Blocks DOGE Access To Education, OPM Data
A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.
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February 24, 2025
Fla. Teacher Wins Appeal Over Memes Posted To Social Media
A Florida state appellate court overturned a punishment handed to a math teacher who was suspended for three days over posting political memes to his Facebook profile, saying his right to free speech was violated because the posts were a matter of public concern and didn't disrupt school operations.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
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February 24, 2025
Anti-Abortion Group Appeals In Reproductive Rights Law Row
An anti-abortion organization is turning to the Second Circuit to try to revive its suit claiming a New York state law that bars employers from penalizing workers for their reproductive health decisions, such as ending a pregnancy, infringes on its constitutional rights.
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February 24, 2025
Tax Software Co. Says Rival Is The Real Trade Secrets Thief
Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.
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February 24, 2025
Ousted MSPB Chair Defends Humphrey's In Injunction Bid
The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."
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February 24, 2025
EEOC Gets OK To Advance Male Bias Suit Against Sports Bar
A North Carolina federal judge on Monday rejected Battleground Restaurants Inc.'s bid to dismiss the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company systematically refused to hire men for front-of-house jobs at its Kickback Jack's sports bar, saying the commission has met the pleading standards for the claims.
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February 24, 2025
4th Circ. Won't Block DOL's H-2A Minimum Wage Rule
A Biden-era rule from the U.S. Department of Labor that shook up how it calculates minimum wages paid to H-2A visa workers may stand, the Fourth Circuit ruled Monday, saying blocking the regulation would harm both domestic and foreign workers and inflict hardship on farm owners.
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February 24, 2025
1st Circ. Won't Revive Dr.'s Retaliation Claim Against Hospital
A radiologist can't reinstate a whistleblower and discrimination lawsuit against a Boston hospital she says sidelined her after she reported concerns about a colleague dubbed "the Boston Butcher," the First Circuit has ordered.
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February 24, 2025
DoorDash To Pay $16.8M To End NY AG's Stolen Tip Claims
DoorDash has agreed to shell out $16.75 million following an investigation that found it cheated about 63,000 food delivery workers out of their full tips in order to subsidize their pay, New York Attorney General Letitia James announced Monday.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
3rd Circ. Says Discovery Defiance Dooms Vax Bias Suit
The Third Circuit backed the dismissal of a Jehovah's Witness' suit claiming 3M fired her out of religious bias for opposing its COVID-19 vaccine mandate, saying it was a proper punishment for purposefully ignoring discovery orders probing whether her beliefs were sincere.
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February 24, 2025
CVS Says Union Vote Certifications Require NLRB Quorum
CVS has argued that National Labor Relations Board regional offices cannot certify the results of union representation elections while the agency lacks a quorum, advancing the latest argument employers have adopted seeking to block the board's actions.
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February 24, 2025
GAO Sinks Protest Over Army Corps Solicitation Amendment
The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.
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February 24, 2025
NLRB Stops Defending Job Protections For Members, Judges
National Labor Relations Board prosecutors will no longer defend board members and judges against claims that their job protections are unconstitutional, the prosecutors told a Missouri federal judge, switching positions after the acting solicitor general stated that administrative law judges' job protections violate the U.S. Constitution.
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February 24, 2025
Buchanan Ingersoll Adds Ogletree Employment Ace In Tampa
Buchanan Ingersoll & Rooney PC announced Monday that it picked up a new shareholder in Tampa, Florida, for its labor and employment section from Ogletree Deakins Nash Smoak & Stewart PC.
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February 24, 2025
Unions Seek To Block DOGE's 'Unprecedented' Access To Info
Elon Musk's Department of Government Efficiency must be stopped from having "unprecedented" access to personal data from the Social Security Administration, two unions and a retiree advocacy group argued in Maryland federal court, becoming the latest lawsuit trying to stop DOGE from obtaining information at federal agencies.
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February 24, 2025
Apple To Invest $500B In US Over 4 Years As Tariffs Mount
Apple said Monday that it would invest $500 billion in the U.S. over the next four years, weeks after President Donald Trump placed a 10% tariff on goods from China, where the company sources components for its products, and threatened tariffs on semiconductors.
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February 24, 2025
NCAA Blasts Baseball Player's Bid For More Eligibility
The NCAA came out firing against a college baseball player's attempt to play at the University of Tennessee, asserting that its rules governing athletes' eligibility are not reviewable under federal antitrust law despite a recent court decision calling that position into question.
Expert Analysis
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.