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Employment
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February 27, 2025
DOL Watchdog Asks To Ensure Wages Are In H-2A Certs
The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
Yet Another NCAA Antitrust Domino Looks To Be Teetering
The NCAA's misadventures in federal antitrust law have prompted sweeping changes to the college sports landscape in recent years, with more potentially on the horizon as the organization wrestles over its eligibility rules for athletes transferring from junior colleges.
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February 27, 2025
NLRB Tells 6th Circ. Constitution Args Can't Block Board Case
The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.
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February 27, 2025
Concrete Co. Admits Safety Gaffe Linked To Worker's Death
A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.
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February 27, 2025
Ex-Worker Says Manufacturer Fails To Pay For Off-Clock Work
A pharmaceutical manufacturing company requires hourly employees to perform tasks before and after their shifts but fails to compensate them for this extra time, a proposed class and collective action filed in Washington federal court said.
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February 27, 2025
Yellow Corp. Beats Teamsters In WARN Act Row
A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.
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February 27, 2025
EU Prepared To Retaliate Against US Over Tariffs, Officials Say
European Union officials said Thursday that the bloc is prepared to retaliate against the U.S. if President Donald Trump follows through with tariffs on over $600 billion of goods, a situation that two law professors said risks becoming a trade war more than past disputes.
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February 27, 2025
Goldstein Urges Judge To Lift Device Monitoring Requirement
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.
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February 27, 2025
Paralegal Accuses Morris Manning Of Race, Disability Bias
A former paralegal in the Atlanta office of Morris Manning & Martin LLP hit her old firm with a lawsuit this week alleging that the firm fired her last year to avoid having to pay her while she was out on extended medical leave.
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February 27, 2025
Conn. Firm Windup Fight Belongs In Arbitration, Court Told
Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.
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February 27, 2025
Ga. Plant Denies Alleged Atty Bribe, Claims Letter Was Fake
The finance director of a now-shuttered Georgia manufacturing plant did not pen a letter offering to bribe counsel representing a brother and sister in a federal discrimination lawsuit, according to a Thursday response to a sanctions bid that points the finger for the allegedly fraudulent missive at unidentified disgruntled former employees.
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February 27, 2025
DOL Pick Faces Scrutiny About DOGE From Senate Dems
President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.
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February 27, 2025
Whistleblowers Fired By Paxton Propose $6.75M Settlement
Four of Texas Attorney General Ken Paxton's former top deputies-turned-whistleblowers are asking for more than $6.75 million from his office to settle claims they were unlawfully fired for reporting Paxton's possible abuses of office to the FBI in 2020.
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February 27, 2025
5th Circ. Backs Texas Medical Center's Race Bias Suit Win
The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
Relator Fights Discovery Ruling In FCA Suit Against AECOM
A whistleblower accusing AECOM of falsely billing the U.S. Army on a $1.9 billion contract urged a New York federal judge to rethink a decision to deny discovery requests, arguing the company improperly withheld information it's now asserting in a summary judgment bid.
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February 27, 2025
Farmworker Union Sues Over Calif. Border Patrol Raid
A farmworker union and Kern County, California, residents accused U.S. Border Patrol agents of carrying out an unlawful, nearly weeklong immigration enforcement sweep to arrest people of color who appeared to be farmworkers regardless of their immigration status.
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February 27, 2025
Calif. Panel Won't Send Class Wage Suit To Arbitration
A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.
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February 27, 2025
Former Seyfarth Partner To Chair DOL's Review Board
The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.
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February 27, 2025
Judge Gives CIA Green Light To Fire Intelligence Officers
A Virginia federal judge knocked down a request Thursday from a group of CIA officers for a temporary restraining order that would have blocked their firings, following President Donald Trump's executive order directing federal agencies to terminate diversity, equity and inclusion officers.
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February 27, 2025
US Senate Panel Advances Trump's Labor Secretary Pick
A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.
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February 26, 2025
High Court Halts Trump's Wed. Night Deadline To Restore Aid
The U.S. Supreme Court late Wednesday paused a Washington, D.C., federal judge's late-night deadline ordering the Trump administration to restore nearly $2 billion in foreign assistance funding.
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February 26, 2025
DOJ Drops Suits Over Police, Firefighter Discriminatory Hiring
The U.S. Department of Justice said Wednesday it was dropping lawsuits across the country over allegedly discriminatory practices for hiring police officers and firefighters, saying the litigation "unjustly targeted fire and police departments for using standard aptitude tests."
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.