Employment

  • March 13, 2025

    5th Circ. Sides With NLRB On Reconsidered Exxon Ruling

    The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.

  • March 13, 2025

    DOL Board Revives H-2B Bid For Hyundai EV Plant

    A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.

  • March 13, 2025

    Navy Escapes Civilian Mechanic's Race Bias Suit

    The U.S. Navy defeated a Black civilian mechanic's suit claiming he was denied training opportunities and humiliated by a racist video in front of white and Hispanic colleagues, with a California federal judge finding the actions didn't negatively impact his employment.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 13, 2025

    Worker's Missed Deposition Dooms Wage Case, Co. Says

    A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.

  • March 13, 2025

    States Sue To Halt Cuts At Education Dept.

    A group of 21 Democratic attorneys general sued the Trump administration Thursday in an effort to halt mass layoffs at the Department of Education, calling it an illegal move that will wreak havoc on states' educational systems.

  • March 13, 2025

    Jackson Lewis Adds Disney, Fisher Phillips Employment Pros

    Employment law firm Jackson Lewis PC is expanding its ranks, bringing in a former director of labor relations at the Walt Disney Co. as a principal in its Los Angeles office and a former Fisher Phillips litigator as a principal in its Houston office.

  • March 12, 2025

    Fox News Cleared Of Sex Assault Claims, But Anchor Isn't

    A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.

  • March 12, 2025

    'Not An Autocracy': Judge Says Trump Can't Fire FLRA Chair

    President Donald Trump last month unlawfully fired the Democratic chair of the Federal Labor Relations Authority, a Washington, D.C., federal judge ruled Wednesday, saying the government "is not an autocracy" that allows the president to "remove federal officials on a whim."

  • March 12, 2025

    7th Circ. Revives Suit By Law Professor Disciplined Over Exam

    The Seventh Circuit on Wednesday revived a retaliation claim from a University of a law school professor at the University of Illinois in Chicago who was disciplined for including a redacted racist slur on an exam, saying the professor has plausibly alleged that his academic speech is protected by the First Amendment.

  • March 12, 2025

    DC Judge Challenges DOD Over Trans Military Ban Policy

    A D.C. federal judge said at a hearing Wednesday that Defense Secretary Pete Hegseth either intends to ban transgender people from the military entirely or he's "sloppy" and says things on social media that contradict the policy he wrote.

  • March 12, 2025

    Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds

    Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.

  • March 12, 2025

    Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit

    A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.

  • March 12, 2025

    Tech Mahindra Urges Justices To Nix White Worker's Bias Suit

    Tech Mahindra asked the U.S. Supreme Court to review a Third Circuit's ruling reviving a proposed class action claiming the information technology company favored South Asian employees, arguing it deepened a circuit split by greenlighting a case that should have been time-barred.

  • March 12, 2025

    Texas Jury Awards Staffing Co. $14M Verdict Against Dynata

    A Texas state jury handed a mostly clean sweep to a staffing company that accused market research company Dynata LLC of withholding payment for months of work, awarding about $14 million Wednesday after a trial in a Texas state court that lasted about a week.

  • March 12, 2025

    Education Dept. Eyes Appeal After Teacher Grants Revived

    President Donald Trump's administration opened two lines of attack on a Boston federal judge's order temporarily reinstating $250 million in U.S. Department of Education grants for teacher training that were cut last month because of their ties to diversity, equity and inclusion efforts, filing an appeal with the First Circuit while also seeking an emergency stay.

  • March 12, 2025

    Mich. Justices Fret About Insurer Fallout In Benefits Case

    The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.

  • March 12, 2025

    Ex-Atty Gets 3 Years In Prison For Using Fake IDs To Get Jobs

    A former attorney has been sentenced to more than three years in prison after pleading guilty to charges related to using false identification in order to obtain jobs at multiple law firms in Florida, California and elsewhere following his disbarment in Ohio, according to federal prosecutors.

  • March 12, 2025

    Trump Admin Drops Biden Bid To Unfreeze ACA Trans Rule

    The Trump administration asked the Fifth Circuit on Wednesday to dismiss its appeal, filed in July by the Biden administration, of a Texas federal judge's decision to halt a rule protecting access to gender-affirming healthcare.

  • March 12, 2025

    Del. Justices Uphold LG Co.'s Loss In Firing Challenge

    Delaware's top court has backed a Chancery Court ruling that Alphonso Inc., a TV data company majority-owned by an LG subsidiary, was not permitted to push out five co-founders.

  • March 12, 2025

    Senate Confirms Trump's Pick For DOL Deputy Leader

    The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.

  • March 12, 2025

    Cal State Can Bar Caste Bias, 9th Circ. Affirms

    A Ninth Circuit panel on Wednesday affirmed a lower court's ruling that two California State University professors lacked standing to challenge the university's inclusion of caste as a protected class in its antidiscrimination policy, saying the policy never specifically mentions Hinduism and therefore does not stigmatize the religion or force self-censorship.

  • March 12, 2025

    Canada Announces Steel, Aluminum Retaliatory Tariffs On US

    Canada will impose CA$29.8 billion ($20.7 billion) in retaliatory tariffs in response to the 25% rates that President Donald Trump has levied on all steel and aluminum imports, a senior Canadian government official announced on Wednesday.

  • March 12, 2025

    Judge Blocks Order Limiting Perkins Coie Government Access

    A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."

  • March 12, 2025

    NCAA Volunteer Coaches Get Class Cert. In Antitrust Fight

    A California federal judge on Tuesday certified a class of potentially thousands of former NCAA Division I volunteer coaches who allege the athletic organization's now-repealed bylaw illegally suppressed their wages in violation of antitrust laws, and the judge also refused to exclude the class's damages report by a Princeton University professor.

Expert Analysis

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • Opinion

    Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Virginia AI Bills Could Serve As Nationwide Model

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    If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • Applying ABA Atty Role Guidance To White Collar Matters

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    The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.

  • Tax-Free Ways To Help Employees After The LA Wildfires

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    Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Navigating Title IX Compliance In The NIL Era

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    As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

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