Employment

  • April 15, 2025

    Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling

    A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.

  • April 15, 2025

    Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues

    A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.

  • April 15, 2025

    PepsiCo Sued Over Workers' Unpaid COVID Screenings

    A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.

  • April 15, 2025

    Cops At Insurrection Ask Justices To Let Them Stay Incognito

    Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.

  • April 15, 2025

    9th Circ. Backs Gold Mine's Win In Mechanic's Disability Suit

    The Ninth Circuit upheld on Tuesday a mining company's win in an ex-employee's suit alleging it fired him upon his return from disability leave, agreeing with a lower court that the mechanic was set to return with restrictions that left him unable to do required repair work.

  • April 15, 2025

    Food Service Co. Can't Escape Tobacco Surcharge Suit

    A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.

  • April 15, 2025

    Journalists, Unions Fight VOA Shutdown In DC Federal Court

    A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.

  • April 15, 2025

    Financial Adviser Fights Ex-Employer's Bid To Pierce Privilege

    A financial adviser accused of stealing clients by his ex-employer Wealth Enhancement Group LLC has urged a Connecticut state judge to reject the company's bid to get his communications with legal counsel at Spencer Fane LLP, saying it relies on an "expansive and unfounded reading" of the crime-fraud exception to attorney-client privilege.

  • April 15, 2025

    Jersey City, Mayor Can't Escape Fired Aide's Retaliation Suit

    Jersey City, New Jersey, and its mayor, Stephen Fulop, are now the lone defendants in a lawsuit by one of Fulop's former aides who was terminated for supporting his conservative sister's political campaign following a Garden State federal judge's dismissal of four city officials from the suit. 

  • April 15, 2025

    NCAA Transfer Player Seeking Extra Season Denied By Judge

    A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.

  • April 15, 2025

    Pot Shop Challenges NY Cannabis Labor Peace Law

    A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Unions Claim Cuts To FMCS Under Trump Order Are Illegal

    A coalition of unions has hit the Trump administration with a federal lawsuit accusing it of dismantling the Federal Mediation and Conciliation Service, alleging President Donald Trump took an ax to the labor-management dispute resolution agency in violation of Congress' will.

  • April 15, 2025

    Dunkin' Franchise Owners In Mass. Settle Wage, OT Claims

    The owners of more than 60 Dunkin' franchises across the Bay State and a group of current and former store managers are finalizing a settlement of claims that the coffee chain flouted wage laws, according to a filing in Massachusetts federal court.

  • April 15, 2025

    Law Students Say EEOC Overreached With DEI Info Demands

    A trio of law students sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Tuesday, claiming the agency "grossly overstepped" by demanding workplace diversity information, including personal details about applicants and workers, from prominent law firms.

  • April 15, 2025

    4th Circ. Overturns Fee Award In Maryland Wage Dispute

    The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.

  • April 15, 2025

    DC Judge Blocks Trump Order Against Susman Godfrey

    A D.C. federal judge on Tuesday largely blocked President Donald Trump's executive order over Susman Godfrey's handling of election litigation, saying the "Framers of the Constitution would see this as a shocking abuse of power."

  • April 15, 2025

    Ga. Plant Alleges Ex-CFO Tried To Bribe Atty In Bogus Letter

    The owner of a now-shuttered Atlanta plastics manufacturing plant has alleged it was the company's disgruntled former financial chief who authored a letter offering to pay off the attorney representing sibling plaintiffs in a federal discrimination lawsuit, in a response this week to a sanctions bid.

  • April 15, 2025

    Mail Delivery Contractor, EEOC Wrap Up Disability Bias Suit

    A South Dakota-based mail delivery contractor agreed to pay $45,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it violated federal disability bias law when it fired an employee because of his physical disability. 

  • April 15, 2025

    NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide

    A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.

  • April 15, 2025

    Roster Limits Stay In Revisions To NCAA's NIL Settlement

    In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.

  • April 15, 2025

    DOL Blocked From Forcing Contractors To Swear Off DEI

    The U.S. Department of Labor cannot force federal funding recipients to certify that they don't operate programs that violate recent executive orders targeting diversity, equity and inclusion initiatives, an Illinois federal judge held, saying President Donald Trump's directive likely violates the First Amendment.

  • April 15, 2025

    Judge Upholds Jury Verdict Against Project Veritas

    A D.C. federal judge upheld a $120,000 jury verdict against Project Veritas for its sting operation on the liberal consulting firm Democracy Partners, ruling that the conservative activist group's activities are not protected by heightened First Amendment standards because the case involved non-expressive conduct, not speech content.

  • April 15, 2025

    McDonald's, Dunkin' Franchisees Resolve Child Labor Claims

    The owners of Dunkin' and McDonald's franchises in Massachusetts have reached settlements over allegations they violated the state's child labor laws, while a Subway franchise operator has been fined, according to a Tuesday press release.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

Expert Analysis

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • Steps For Federal Grantees Affected By Stop-Work Orders

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    Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • Contractor Liability When Directing Subcontractor Workforce

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    A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

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