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Employment
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February 21, 2025
Trump Blocked From Implementing Anti-DEI Orders, For Now
A Maryland federal judge on Friday temporarily barred the Trump administration from implementing the bulk of his executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors, ruling that the orders are likely unconstitutionally vague and illegally restrict free speech.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
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February 21, 2025
Unions Lose Bid To Block Trump Admin Efforts To Gut USAID
A Washington, D.C., federal judge Friday refused to grant a preliminary injunction barring the Trump administration from placing U.S. Agency for International Development employees on leave, halting funding and taking other steps that federal employee unions say are meant to illegally dismantle the foreign assistance agency.
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February 21, 2025
CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say
Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.
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February 21, 2025
Up Next At High Court: Straight Discrimination & Trial Rights
The U.S. Supreme Court will return to the bench Monday to debate whether majority-group plaintiffs should be held to higher evidentiary standards when bringing workplace discrimination claims and whether prisoners are entitled to jury trials when questions about pre-suit requirements are intertwined with the merits of their claims.
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February 21, 2025
11th Circ. Backs Ga. Military College In Race Bias Appeal
The Eleventh Circuit on Thursday backed Georgia Military College's early win in a race bias suit brought by a laid off former human resources professional, finding that the college "advanced legitimate, nondiscriminatory" reasons for eliminating her position amid a round of budget cuts.
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February 21, 2025
Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot
A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.
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February 21, 2025
Employment Authority: NLRB Acting GC's Memo Walk Back
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the acting National Labor Relations Board general counsel's recission of his predecessor's memorandums, experts' take on the U.S. Equal Employment Opportunity Commission's unprecedented move in dropping lawsuits alleging mistreatment of transgender and nonbinary employees and coverage on the Federal Aviation Administration's guidance about in-flight pumping breaks.
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February 21, 2025
Diddy Atty Says No Way He Can Continue As Defense Counsel
A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.
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February 21, 2025
Trump, NLRB Chairman Defend Wilcox's Removal As Lawful
President Donald Trump told a D.C. federal judge Friday that former National Labor Relations Board member Gwynne Wilcox should not be reinstated, laying out his arguments for why a 90-year-old U.S. Supreme Court opinion does not apply to board members.
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February 21, 2025
City Housing Agency Supervisor To Face Some Claims In Bias Suit
A North Carolina federal judge on Friday trimmed portions of a workplace retaliation and discrimination suit by a former Charlotte public housing authority coordinator, concluding that most of her punitive damage claims are barred by official immunity but that she can still pursue her ex-supervisor as an individual.
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February 21, 2025
NJ Judge Says AutoLender Can't Escape Ex-Worker's OT Suit
Used-vehicle dealership company AutoLender Liquidation Center and its subsidiaries cannot be dismissed from a fired employee's wrongful termination and overtime suit, a New Jersey federal judge has ruled.
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February 21, 2025
First Horizon Says Ex-CEO Is Dropping Claims To Avoid Loss
First Horizon Bank told a Florida federal judge that a former bank CEO cannot drop claims against individual bank directors to shield himself from an inevitable adverse judgment in the suit, which accused the bank and its directors of setting up the CEO as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme.
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February 21, 2025
Justices Leave Fired Special Counsel In Office For Now
The U.S. Supreme Court on Friday declined to weigh in on the validity of a temporary court order reinstating a fired federal employment watchdog who claims President Donald Trump lacks the authority to remove him from office without cause, punting on the administration's first attempt to wipe out protections for top officials at independent agencies.
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February 21, 2025
Fla. Worker's Wage Suit Against Dillard's Sent To Arbitration
A Florida federal judge on Friday ordered Dillard's and a former employee to resolve claims that the company shorted workers on minimum and overtime wages out of court after granting an unopposed motion to compel arbitration and stay proceedings in a proposed collective action lawsuit.
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February 21, 2025
Wash. Health System Says Nurse Must Arbitrate Wage Claims
A Washington-based healthcare system facing a proposed class and collective wage action in Seattle federal court contends the plaintiff nurse agreed to arbitrate any claims with the third-party staffing agencies he contracted with to work at its facilities.
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February 21, 2025
GOP Lawmakers Press DOJ On Union Pension Overpayments
Thirty union pension plans haven't reported whether they've returned the overpayments they received from a federal bailout, two leaders of the U.S. House of Representatives' Committee on Education and the Workforce told new Attorney General Pam Bondi, asking the U.S. Department of Justice to look into it.
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February 21, 2025
UChicago Medical Center Can't Duck Wage Suit
An Illinois federal judge largely allowed a proposed class action brought by UChicago Medical Center workers seeking to recover unpaid wages for the time spent undergoing mandatory, pre-shift COVID-19 screenings to move forward, rejecting the center's argument that the screenings weren't "integral and indispensable" to employees' job duties.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Officers Say NJ Attorney General Can't Avoid Retaliation Suit
A New Jersey state judge should reject a bid from the state Attorney General's Office to reconsider the denial of its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, the officers told the court this week.
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February 21, 2025
Pot Co. Workers Sue Over Lack Of Notice For Mass Layoffs
A group of workers laid off by a Massachusetts cannabis dispensary company sued their former employer in federal court Friday, alleging that it failed to give required notice before instituting a mass layoff.
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February 21, 2025
NY Restaurant $725K Wage, Tip Deal Served Final OK
A federal judge approved a $725,000 deal to resolve a proposed class action accusing a New York City restaurant of stiffing service workers on wages and misapplying a tip credit to their overtime pay, according to a federal court filing.
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February 21, 2025
LGBTQ+ Health Orgs Aim To Halt Trump DEI, Gender Orders
Three executive orders by President Donald Trump barring federal contractors from pushing "gender ideology" and diversity-related programs violate the U.S. Constitution, a group of nonprofit LGBTQ+ organizations told a California federal court.
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February 21, 2025
IRS Offers Guidance On Health Coverage Statements
The Internal Revenue Service released guidance Friday related to alternative methods for employers to provide health insurance coverage statements to employees as part of a larger move to reduce paperwork.
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February 21, 2025
Stop & Shop, Ex-Manager Agree To End Long COVID Suit
A Connecticut federal judge on Friday agreed to dismiss a former Stop & Shop manager's lawsuit accusing the supermarket chain of firing him for taking medical leave due to long COVID-19 symptoms, one day after the parties said they wished to end litigation.
Expert Analysis
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.