Employment

  • March 14, 2025

    4th Circ. Pauses Block Of Trump Admin's Anti-DEI Orders

    The Fourth Circuit on Friday lifted a temporary injunction blocking President Donald Trump's administration from implementing the bulk of his executive orders targeting diversity, equity and inclusion programs, though each judge on the panel had differing views on the matter. 

  • March 14, 2025

    Looming Virginia AI Bill Likely Just Start Of State Law Flood

    Virginia is on the brink of becoming the second state to regulate high-risk uses of artificial intelligence, a move that would kick-start the formation of a patchwork that is similar to the one emerging in the data privacy realm and that is expected to rapidly expand in the wake of the federal government's disavowal of stringent rules in the AI space.

  • March 14, 2025

    Employment Authority: McFerran Talks Trump, NLRB's Future

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an exclusive interview with former National Labor Relations Board Chairman Lauren McFerran, a glimpse at important developments with diversity, equity and inclusion cases, and a review of incoming U.S. Department of Labor Secretary Lori Chavez-DeRemer's record.

  • March 14, 2025

    Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court

    Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten

    Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.

  • March 14, 2025

    Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit

    A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.

  • March 14, 2025

    Ex-NJ Health Official Settles Suit Over COVID Whistleblowing

    A former New Jersey health official's long-running suit alleging that he was fired for raising concerns about political favoritism connected to COVID-19 testing during the onset of the pandemic appears to have been settled, according to a docket notation.

  • March 14, 2025

    LA Lands Deal With Airline Caterer To End Wage Law Dispute

    An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.

  • March 14, 2025

    Worker Sues NBA's Suns For Age Discrimination, Retaliation

    A 46-year-old video engineer filed an age discrimination lawsuit against the NBA's Phoenix Suns, alleging the organization coerced him into changing his employment status to contractor and forced him to work in a rodent-infested garage when he complained.

  • March 14, 2025

    Conn. City, Worker Settle Teamsters Union Membership Suit

    A Connecticut city has settled a public works employee's claim that he was fired for joining a local Teamsters union after pressure from the mayor and other bosses to invoke a 2018 U.S. Supreme Court case that allows government employees to avoid paying union dues.

  • March 14, 2025

    4th Circ. Reluctant To Loosen EEOC Charge Requirement

    A Fourth Circuit panel seemed hesitant Friday to revive a bias case from a worker whose presuit U.S. Equal Employment Opportunity Commission charge didn't specifically name one of the entities he hauled into court, with one judge expressing "apprehension" about adopting a widely used exception to charge filing rules.

  • March 14, 2025

    7th Circ. Backs Arbitrator Finding COVID Is No 'Act Of God'

    A distribution service provider failed to support its argument that an "act of God" exemption in a contract it had with a Teamsters chapter allowed the company to reduce workers' hours during the coronavirus pandemic, the Seventh Circuit ruled, keeping in place an arbitrator's conclusion.

  • March 14, 2025

    Combs Jury To Be Closely Vetted For May Trial

    A Manhattan federal judge said Friday that he plans to open Sean "Diddy" Combs' criminal trial on sex-trafficking charges on May 12 after a lengthy jury-vetting process, laying out his plan after the jailed hip-hop icon denied charges in a superseding indictment.

  • March 14, 2025

    PGA Beats Fired Christian Worker's COVID Vax Bias Suit

    A former PGA Tour employee did not show religious bias motivated his firing, a Florida federal judge ruled when dismissing the case, finding instead he was let go for shirking COVID-19 testing requirements presented as an alternative to the organization's vaccination mandate.

  • March 14, 2025

    Post-Gazette Print, Ad Workers Take Buyout After Court Loss

    Striking production and advertising workers at the Pittsburgh Post-Gazette have reached a deal to take a buyout from the newspaper's publisher, the Communications Workers of America announced Thursday, just weeks after the National Labor Relations Board lost its bid to restart bargaining between the paper and the workers' unions.

  • March 14, 2025

    Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build

    In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.

  • March 14, 2025

    Mass. Justices Say Transit Agency Not Immune In Assault Suit

    Massachusetts' highest court said Friday that the public transit agency in Greater Boston is not immune from claims that it negligently hired and retained a bus driver with an alleged known history of anger management issues who later beat up a customer and left him with a traumatic brain injury.

  • March 14, 2025

    NYC Asylum Shelter Co. Illegally Fired Workers, Suit Says

    A New York City contractor that provided shelter for asylum-seekers illegally laid off more than 200 employees without notice a class action filed in federal court said.

  • March 13, 2025

    Feds Can't Pause NYC Congestion Pricing Cases

    A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.

  • March 13, 2025

    Fla. Nursing Home Dodged Union After Transfer, NLRB Says

    A National Labor Relations Board judge ruled that employees of a Florida nursing home were entitled to backpay and compensation for unused paid time off, finding that workers weren't told in advance that their facility switched operators in violation of a union collective bargaining agreement.

  • March 13, 2025

    Soulja Boy Beat And Raped Assistant, Jury Told As Trial Starts

    The artist known as Soulja Boy physically and sexually abused a live-in personal assistant for nearly two years, jurors in California state court heard on the first day of a civil assault and employment trial against the "Crank That" rapper on Thursday.

  • March 13, 2025

    Judge Trims Claims Of Botched Federal Savings Transition

    A D.C. federal judge trimmed a proposed class of federal employees and their family members' claims against two companies that manage workers' retirement plan and the plan's board Wednesday, tossing claims of negligence and breach of fiduciary duty but leaving breach of contract and unjust enrichment claims intact.

  • March 13, 2025

    Buehler's Managers Say Grocery Chain Flouts OT Laws

    Grocery chain Buehler's Fresh Foods is accused of failing to pay overtime wages to catering, produce, kitchen and bakery managers who put in more than 40 hours per workweek but were wrongly classified as exempt, according to a proposed collective action filed in Ohio federal court. 

  • March 13, 2025

    UAW Says Volkswagen Dodging Union On Shift Changes

    Volkswagen has violated federal labor law by looking to conduct layoffs as part of a shift reduction at a recently unionized plant in Tennessee without bargaining with the union, the United Auto Workers claim in an unfair labor practice charge filed Thursday with the National Labor Relations Board.

Expert Analysis

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Bid Protest Roundup: Prejudice, Injunctions, New Regulations

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    In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

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    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • Opinion

    NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • 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.

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