Employment

  • February 21, 2025

    Kroger Workers' $21M Pay System Outage Deal Gets First Nod

    An Ohio federal judge preliminarily approved a $21 million deal between The Kroger Co. and a proposed class of around 47,000 workers who accused it of missing paychecks and making inaccurate deductions to their wages after it switched payroll systems.

  • February 21, 2025

    Justices Knock Ala. For Immunizing State Officials

    The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.

  • February 20, 2025

    DOJ Says Job Protections For ALJs Are Unconstitutional

    The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.

  • February 20, 2025

    Trump Admin Must Obey Order To Restore Aid, Judge Says

    A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.

  • February 20, 2025

    DOJ Says It Will Drop Immigrant Bias Case Against SpaceX

    The U.S. Department of Justice told a Texas federal judge Thursday that it plans to drop administrative proceedings alleging Elon Musk's Space Exploration Technologies Corp. refused to hire refugees and asylees.

  • February 20, 2025

    Dems Blast 'Reckless' Nuclear Security Worker Firings

    Seven Democratic legislators sent a letter to newly confirmed Energy Secretary Chris Wright on Thursday pressing for answers as to why the Department of Government Efficiency fired hundreds of National Nuclear Security Administration staff members, calling it a "reckless decision."

  • February 20, 2025

    Landmark AI Legislation On Kids, Bias Introduced In Calif.

    A California lawmaker Thursday unveiled first-of-its-kind legislation aimed at protecting children from safety and privacy risks associated with artificial intelligence as well as a revised version of a bill addressing bias by AI tools.

  • February 20, 2025

    Ex-Kirkland IP Atty Asks To Fire Her Bias Suit Atty 'For Cause'

    A former Kirkland & Ellis LLP intellectual property associate suing Kirkland over bias claims has urged a California federal judge to fire her counsel at Filippatos PLLC and force Filippatos to hand over her client file, disputing Filippatos' assertion that her professional misconduct allegations are a contrived attempt to avoid paying fees.

  • February 20, 2025

    Ex-SEC Lawyer Fights Gov't Bid To Ax Bias Claim Evidence

    A former Securities and Exchange Commission lawyer suing the agency for discrimination is fighting its request to have evidence of dismissed claims excluded from the upcoming trial, arguing the government's recent filing is an attempt to stymie her counsel in advance of the March trial.

  • February 20, 2025

    Insurer Can't Quickly Exit Broker Premium Theft Row

    A Louisiana federal court rejected most arguments made by an insurer seeking to avoid professional liability coverage of a broker whose former employee stole policy premiums and failed to secure insurance for clients, leaving the company to cover around $1 million in Hurricane Laura damage.

  • February 20, 2025

    McDonald's Gets Ex-Execs' 4th Depo, Some Fees In Bias Case

    Two former McDonald's executives pursuing race bias claims against the fast-food giant must sit for a fourth deposition and pay certain costs after their attorneys produced more than 1,700 documents their previous counsel had failed to disclose in the case, an Illinois federal judge has said.

  • February 20, 2025

    Unions Call Mass Layoff Of Probationary Fed. Workers Illegal

    The U.S. Office of Personnel Management lacked the authority to order federal agencies to lay off tens of thousands of probationary employees, a group of unions representing federal workers argued in a new lawsuit in California federal court, looking to nullify the office's Feb. 13 mass-layoff directive.

  • February 20, 2025

    Unions' Downsizing Suit Belongs Before FLRA, Judge Says

    A D.C. federal judge denied requests Thursday to block the president from carrying out three federal downsizing initiatives, rejecting unions' argument that their challenge is an exception to the rule that federal union disputes belong before the agency charged with adjudicating them.

  • February 20, 2025

    Barista, NLRB Agree To Put Constitutional Challenge On Ice

    A Texas federal judge on Thursday paused a constitutional challenge against the National Labor Relations Board from a Starbucks worker represented by the National Right to Work Legal Defense Foundation, after the parties requested a stay in light of former board member Gwynne Wilcox's suit over her firing.

  • February 20, 2025

    Nootropics Co. Can't Push Nurse's Suit To Arbitration

    Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.

  • February 20, 2025

    Ye Sanctioned Again, Ordered To Sit For Another Deposition

    A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.

  • February 20, 2025

    Dems Seek Answers, Reversals For 'Reckless' VA Cuts

    Democrats in Congress asked Secretary of Veterans Affairs Doug Collins to justify how firing 1,000-plus VA employees could possibly benefit veterans, and they called on him to reverse the cuts, stating that they are causing negative impacts.

  • February 20, 2025

    Intel, Israeli Ex-Exec End Bias Suit Over Pro-Hamas Sentiment

    Intel Corp. and an Israeli former executive have agreed to shutter his suit claiming the tech giant fired him following complaints that his boss appeared to support Hamas after the militant group's October 2023 attack took place in Israel, according to a Thursday New York federal court filing.

  • February 20, 2025

    Worker Says Wilson Sports Co. Firing Tied To Paternity Leave

    A former Wilson Sporting Goods Co. employee has filed a Minnesota federal lawsuit accusing the company of firing him for taking parental leave in violation of the Family and Medical Leave Act.

  • February 20, 2025

    IRS Worker Layoff Could Hamper Enforcement, Groups Warn

    Congressional Democrats, tax and economic policy groups and an IRS workers union warned Thursday that the termination of thousands of Internal Revenue Service employees that began the same day could threaten the agency's ability to enforce tax laws and hamper taxpayer services amid tax-filing season.

  • February 20, 2025

    Unions Demand Insight Into DOGE's Agency Audits

    Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.

  • February 20, 2025

    State Department Narrows Eligibility For Visa Interview Waivers

    The State Department reverted its criteria for obtaining a visa interview waiver to the agency's pre-COVID-19 standards, narrowing eligibility to applicants who are seeking to renew their nonimmigrant visa of the same classification within 12 months of its expiration.

  • February 20, 2025

    Former Sports Nonprofit Employees Seek Docs In RICO Suit

    Two former employees of the United States Specialty Sports Association who are suing the sports nonprofit for allegedly running an illegal sports gambling operation have asked a Florida federal judge to force the organization to hand over key documents regarding the misuse of funds and the firing of whistleblowers.

  • February 20, 2025

    HHS Rescinds Guidance On Gender-Affirming Care For Minors

    The U.S. Department of Health and Human Services on Thursday rescinded guidance for health plans and insurers on complying with the Affordable Care Act's nondiscrimination provisions with regard to gender-affirming care for minors, which President Donald Trump called on the agency to do in a January executive order.

  • February 20, 2025

    Battery Co. Denied 3rd Circ. Redo In $22M Wage Suit

    The Third Circuit won't reconsider a decision backing a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent changing in and out of protective gear before and after shifts, according to a Thursday order.

Expert Analysis

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    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.

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    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.

  • Challenges Of Insuring An NIL Collective

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    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.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    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.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    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.

  • Series

    Home Canning Makes Me A Better Lawyer

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    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.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    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.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

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    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.

  • How Project 2025 Could Upend Federal ESG Policies

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    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.

  • E-Signature Best Practices For Employers After Calif. Ruling

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    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.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

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