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Employment
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February 13, 2025
Walmart Says CFPB Suit Should Wait Amid Agency Chaos
Walmart and fintech company Branch Messenger Inc. asked a Minnesota federal judge to stay the Consumer Financial Protection Bureau's enforcement case over allegedly mandatory deposit accounts for delivery drivers until policymakers untangle the agency's role under the Trump administration.
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February 13, 2025
Judge Extends Restraining Order On USAID Gutting
A D.C. federal judge extended his temporary restraining order barring USAID from placing thousands of employees on administrative leave for another week on Thursday, saying he needed more time to rule on the plaintiff employees unions' preliminary injunction request to stop the agency's overhaul while the case proceeds.
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February 13, 2025
Ore. Cannabis Labor Pact Law Is Unconstitutional, Cos. Say
An Oregon state law requiring businesses to have labor peace agreements with unions in order to obtain a license is preempted by federal labor law and violates the 14th Amendment, two cannabis companies argued as they urged a federal court to block enforcement of the law.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Ex-VP's Defamation Suit Against Cardinals Sent To Arbitration
An Arizona federal judge has sent the defamation suit by a former Arizona Cardinals executive to an arbitration process overseen by the NFL, making a previous tentative ruling official after the two sides agreed to call off a scheduled Thursday hearing.
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February 13, 2025
Ohio Ordered To Get Rescinded Unemployment From DOL
An Ohio court on Wednesday ordered the state government to "take all action necessary" to get its share of a COVID-19 pandemic unemployment relief program that Gov. Mike DeWine pulled it out of in 2021 and to distribute that money to qualified residents who missed out.
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February 13, 2025
DOL Board Revives Mich. Gutter Co.'s H-2B Bid For Helpers
A U.S. Department of Labor appeals board judge partly reversed the denial of a Michigan gutter company's petition to hire five foreign workers for temporary installation help, ruling a certifying officer, or CO, unreasonably rejected payroll info that the company submitted to justify its need.
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February 13, 2025
Cruise Co.'s Bid To Force Spa Worker Into Arbitration Fails
A Florida federal judge denied Norwegian Cruise Line's bid to force a masseuse's negligence and unseaworthiness lawsuit into Bahamian arbitration, saying the company isn't a signatory to her underlying employment agreement and that it failed to establish an exception to send the case out of court.
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February 13, 2025
Landscape Workers Seek Sanctions Over Lacking Class Lists
U.S. citizens and H-2B landscape workers have called on a Kansas federal judge to sanction a company accused of cheating them out of overtime pay, saying it supplied "woefully incomplete" class lists that were not in compliance with court orders.
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February 13, 2025
House Republican Debuts Independent Contractor Status Test
A U.S. House Republican who has vocally opposed Democratic-backed analyses for determining whether a worker is an independent contractor or employee announced two bills related to the issue Thursday, proposing a new worker classification standard in one of the measures.
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February 13, 2025
Ga. Plant Boss Accused Of Trying To Bribe Opposing Counsel
The director of a Georgia plastics manufacturing plant has been accused of offering to pay the attorney representing a brother and sister in a federal discrimination lawsuit in exchange for a quick settlement, with the siblings claiming the defendant's "assertions are tantamount to bribery and fraud."
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February 13, 2025
Congress' Dems Call For Fired NLRB Member's Reinstatement
President Donald Trump should immediately reinstate the Democratic member of the National Labor Relations Board he fired in January, House and Senate Democrats told the White House on Thursday, saying that leaving the board without a quorum "encourages bad employers to violate the law and trample on workers' rights."
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February 13, 2025
Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit
A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.
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February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits
The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
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February 13, 2025
Goldstein Freed As Judge Doubts Feds' Crypto Claims
A Maryland federal magistrate judge on Thursday ordered Tom Goldstein released from jail after expressing skepticism toward federal prosecutors' claims that the SCOTUSblog publisher and U.S. Supreme Court advocate secretly made millions of dollars' worth of cryptocurrency transactions in recent days.
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February 13, 2025
6th Circ. Won't Revive Ex-Professor's Promotion Bias Suit
The Sixth Circuit stood by a lower court's ruling against a Black former English professor at Delta College in her promotion bias suit, ruling that she failed to provide meaningful evidence that she was passed over for a promotion because of her race and her pro-unionization sentiments.
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February 13, 2025
Ex-DraftKings Engineer Wants Parental Leave Suit Kept In Play
A former DraftKings engineer asked a Massachusetts federal court not to toss his suit accusing the company of firing him the day after he asked to take parental leave, saying he can benefit from a Massachusetts paid leave law despite living in Wisconsin.
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February 12, 2025
Calif. Panel Upends Bakery's Bias Suit Win Over Gay Wedding
A California appeals court on Tuesday reversed a California bakery's trial court victory in a discrimination lawsuit challenging its refusal to sell a wedding cake to a lesbian couple, finding that a wedding cake design standard the bakery had leaned on was facially discriminatory.
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February 12, 2025
Feds Cleared Of Intentional Intrusion Over Diddy's Jail Notes
Prosecutors did not intentionally invade Sean "Diddy" Combs' attorney-client privilege when they received photographs of his handwritten notes that were taken during a security sweep of the prison, a Manhattan federal judge ruled Wednesday, rejecting the music mogul's request for relief in his sex-trafficking case.
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February 12, 2025
Trump's Federal Worker Resignation Offer Gets Green Light
A Massachusetts federal judge on Wednesday lifted an order temporarily blocking President Donald Trump's federal worker "deferred resignation" offer and allowed it to proceed, ruling that unions representing hundreds of thousands of federal workers don't have standing to challenge the directive.
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February 12, 2025
UPS Gets New Trial As Judge Voids Driver's Reduced Verdict
A Washington federal judge who previously slashed a former UPS worker's employment case win from $238 million to $40 million granted the employer's bid for a new trial Wednesday, concluding that the plaintiff's counsel repeatedly shared inadmissible evidence with jurors.
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February 12, 2025
Unions Beef Up Suit To Keep DOGE Out Of Federal Agencies
Unions and nonprofits seeking to stop Elon Musk's Department of Government Efficiency from accessing the U.S. Department of Labor's data have enhanced their injunction request, looking also to shield the Consumer Financial Protection Bureau's and Department of Health and Human Services' data and prove they have standing to sue.
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February 12, 2025
DOJ Removes For-Cause Protection For FTC, Other Agencies
The U.S. Department of Justice has determined that for-cause removals for members of the Federal Trade Commission, National Labor Relations Board and Consumer Product Safety Commission are unconstitutional, acting Solicitor General Sarah Harris informed Sen. Dick Durbin, D-Ill., ranking Democrat of the Senate Judiciary Committee, in a letter Wednesday.
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February 12, 2025
Trump's Trans Sports Ban Challenged In New Hampshire Suit
President Donald Trump's executive order banning transgender individuals from competing in women's sports was hit with its first court challenge Wednesday, as two New Hampshire trans teenagers added the federal government to their lawsuit challenging a similar state-level policy.
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February 12, 2025
OSC Sues FEMA Worker Who Skipped Trump Houses
The U.S. Office of Special Counsel, whose leader President Donald Trump is attempting to fire, filed a complaint Tuesday seeking to discipline a Federal Emergency Management Agency staffer who instructed employees last fall to avoid homes with Trump campaign signs.
Expert Analysis
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.