Employment

March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again

North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
March 25, 2025
Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.
March 25, 2025
Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.
March 25, 2025
Expedia, White Job Applicant End Race Bias Suit

A white male job applicant agreed to drop his lawsuit claiming Expedia took back an offer for an executive-level position in favor of a Black woman because of the company's focus on diversity, according to a filing in Texas federal court.
March 25, 2025
'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.
March 25, 2025
Con Ed To Enact Reforms To Settle NY AG's Bias Case

New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.
March 25, 2025
Recruiter To Pay $6M To End Nurses' Suit Alleging Strict Pacts

An Ohio federal judge greenlighted a deal in which a healthcare staffing company that recruits nurses from the Philippines will shell out $6 million to settle a suit with about 5,600 workers accusing it of imposing strict employment contracts, not paying overtime and mandating a gossip ban.
March 25, 2025
Hershey Escapes Ex-Production Worker's Leave Bias Suit

Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.
March 25, 2025
NYPD Denied Vax Waiver To Detective, Suit Says

A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.
March 25, 2025
House Panel Split On Independent Contractor, OT Updates

Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.
March 25, 2025
Media Cos. Want Docs Unsealed In X Workers' Layoff Suit

More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.
March 25, 2025
NCAA Makes New Bid To Sink Athletes' Wage Suit

A group of student-athletes still failed to show that their colleges, universities and the NCAA had the joint control typical of employers even after their cases took a trip to the Third Circuit, the association told a Pennsylvania federal court, launching a renewed bid to toss the students' suit.
March 25, 2025
Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling

A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.
March 25, 2025
2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.
March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
March 25, 2025
Mich. Residents, Some Claims Cut From Frozen Benefits Case

A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.
March 25, 2025
Unions Say Trump Administration Illegally Targeted Columbia

The federal government should restore the nearly $400 million it revoked from Columbia University earlier this month, two unions told a New York federal court Tuesday, also seeking a declaration that threats to pull additional funding if the university doesn't meet certain demands violate the U.S. Constitution.
March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction

The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
March 25, 2025
Staffing Co. Workers Can't Get Class Status In NC Wage Suit

Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.
March 25, 2025
Ogletree Hires Ex-Womble Bond Atty In Phoenix

Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it has expanded its offerings in Arizona with the addition of a litigator from Womble Bond Dickinson.
March 25, 2025
Hartford HealthCare Fights Disclosure Of Antitrust Settlement

Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.
March 25, 2025
Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.
March 24, 2025
Law Firm Bookkeeper Charged With Embezzling $835K

The bookkeeper and office manager of a Hartford, Connecticut, law firm embezzled more than half a million dollars from the firm over 12 years and took more than a quarter-million in separate rental income earned by the law firm's owner, federal prosecutors announced on Monday.
March 24, 2025
Ill. Judge Flips Rulings Applying BIPA Change Retroactively

An Illinois federal judge has scrapped her determination that the Illinois legislature's move to limit damages under the state's Biometric Information Privacy Act applies to disputes filed before the change took effect, aligning with two other district judges who have found the amendment to be a "substantive" one that only affected cases prospectively.

Expert Analysis

Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
How Trial Attys Can Wield Amended Federal Evidence Rules

Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
How Trump Admin May Approach AI In The Workplace

Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
Identifying Deepfakes During Evidence Collection, Discovery

Excerpt from Practical Guidance

Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.