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Employment
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September 11, 2025
4th Circ. Seems Wary Of Backing Freeze On Trump DEI Orders
A Fourth Circuit panel appeared reluctant Thursday to uphold an injunction blocking parts of President Donald Trump's executive orders that aimed to cut grants and rein in diversity programs among federal contractors, posing tough questions to the groups who claim the orders are unconstitutional.
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September 11, 2025
NYC Council Overrides Mayor's Vetoes On Workers' Pay
The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.
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September 11, 2025
Connecticut City HR Chief Loses Pay Cut Case
A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.
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September 11, 2025
Hyundai, Parts Co. Must Face DOL Child Labor Suit
Hyundai and a manufacturing company cannot avoid a U.S. Department of Labor suit accusing them of violating federal child labor law, an Alabama federal judge ruled while letting a now-defunct staffing company off the hook, saying an injunction against it would be futile.
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September 10, 2025
Class Action Atty Sanctioned For 'Egregious' Bogus Citations
A California federal judge has sanctioned a California class action attorney for filing a motion riddled with "egregious" erroneous citations, finding that the citations "bear the hallmarks" of cases hallucinated by artificial intelligence despite the lawyer's insistence that she'd never even heard of AI until opposing counsel made the accusation.
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September 10, 2025
En Banc 11th Circ. Ruling Hints At Broad Reach For Skrmetti
The Eleventh Circuit invoking a U.S. Supreme Court ruling that backed a Tennessee ban on gender-affirming care for minors to rule against a transgender Georgia sheriff's deputy who challenged her health plan's coverage exclusions invites lower courts to import the justices' rationale into workplace discrimination cases, experts say.
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September 10, 2025
NJ Comptroller Targets Firm Linked To Exonerated Mogul
A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.
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September 10, 2025
'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit
An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.
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September 10, 2025
6th Circ. Splits In Racial Bias Suit Over Hearsay Evidence
A divided Sixth Circuit panel upheld an elevator manufacturer's defeat of a former employee's retaliation suit Wednesday, saying a human resources representative's secondhand statement about the reason for the employee's termination was correctly kept out of the case.
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September 10, 2025
State AGs Back Trans Worker In Liberty U.'s 4th Circ. Appeal
A group of 19 states and Washington, D.C., urged the Fourth Circuit to back a trial court's decision to keep a former Liberty University employee's transgender bias case in court, arguing the religious university's interpretation of the First Amendment would decimate anti-discrimination efforts.
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September 10, 2025
Calif. Gig Worker Union Bill Sent To Newsom's Desk
A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
Emirates Wants To Land Laid-Off Workers' Class Cert. Bid
A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
4th Circ. Backs Dismissal Of Black VCU Prof's Retaliation Suit
A split Fourth Circuit panel refused Wednesday to revive a Black professor's suit claiming Virginia Commonwealth University pulled her off a supplemental director role because she made race bias complaints, despite a dissent from one judge who said the suit should go to a jury.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Sidelined Athlete Says NCAA Ignores Injunction-Denial Harm
A University of Wisconsin football player on Wednesday pushed back against the NCAA's attempt to thwart his second bid for an injunction that would allow him to play another year, arguing the organization failed to address the harm he would suffer if he remains sidelined.
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September 10, 2025
Prison Term Delayed For Former CEO Who Didn't Pay Taxes
A former software executive slated to start his prison sentence for failing to pay employment taxes was allowed by a North Carolina federal judge Wednesday to push the date back a second time to have medical operations, including one the government described as elective.
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September 10, 2025
DC Circ. Temporarily Reinstates Copyright Head After Firing
The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.
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September 10, 2025
Massachusetts Grocery Chain Ousts CEO In Power Struggle
The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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September 09, 2025
5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit
The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.
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September 09, 2025
7th Circ. Doubts Proof In Chicago Cop's COVID-19 Death Case
A Seventh Circuit panel seemed unconvinced Tuesday that a Chicago police officer's widow has enough evidence to go to trial on claims that he contracted COVID-19 and died days later because his superiors never responded to his work accommodation request.
Expert Analysis
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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What Cos. Must Note From EU's Delivery Hero-Glovo Ruling
The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.
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3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons
The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.