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Employment
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March 24, 2025
Justices Turn Away 2 NLRB Loper Bright Review Cases
The U.S. Supreme Court won't disturb rulings by the Ninth and Sixth circuits that upheld losses for a pair of employers before the National Labor Relations Board, rejecting two petitions for review Monday that invoked last year's Loper Bright decision.
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March 24, 2025
DOL Abandons Biden's Wage Hike For Federal Contractors
The U.S. Department of Labor said it is no longer enforcing the Biden-era minimum wage for federal contractors after President Donald Trump axed the raise, asking the Ninth Circuit to vacate a panel's decision against the wage bump.
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March 24, 2025
5th Circ. Backs Chevron Phillips Chemical In Bias Suit
The Fifth Circuit declined to revive a Black worker's suit claiming Chevron Phillips Chemical Co. fired him because of race and age discrimination, ruling he failed to put forward proof that bias drove the termination rather than his inability to pass a training exam.
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March 24, 2025
Justices Won't Review San Francisco Nurses' Salary Dispute
The U.S. Supreme Court declined on Monday to review a case about whether San Francisco nurses were misclassified and are entitled to overtime pay because they were not paid a true salary under the Fair Labor Standards Act — an issue that recalls the high court's ruling in Helix Energy Solutions Group Inc. v. Hewitt.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
Voice Of America Staff, Unions Challenge Agency's Shuttering
Journalists and staff with Voice of America on Friday accused their parent agency, the U.S. Agency for Global Media, of illegally firing virtually everyone with the government-funded media outlet, a move they said was because the Trump administration perceives their work to be "inconsistent" with the president's "political agenda."
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March 21, 2025
Paul Weiss Stuns Legal Industry With Trump DEI Deal
Paul Weiss Rifkind Wharton & Garrison LLP's decision to strike a deal with the Trump administration to defuse an executive order targeting the firm has drawn criticism across the legal industry and highlights the challenges preventing BigLaw firms from taking collective action against the White House.
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March 21, 2025
NHL, CHL Antitrust Suit May Require Plaintiff Line Change
A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.
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March 21, 2025
Employment Authority: EEOC's DEI Info Requests Validity
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how strong the U.S. Equal Employment Opportunity Commission's requests to 20 major law firms seeking their information about their diversity, equity and inclusion programs are, how the U.S. Department of Labor wage and hour enforcement could be affected by the Department of Government Efficiency's proposed termination of the department office leases and how re-upping a challenge to the National Labor Relations Board's 2020 joint employer rule could force a change in the regulation.
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March 21, 2025
DOD Wants Transgender Ban Injunction Dissolved
The U.S. Department of Defense asked a Washington, D.C., federal judge Friday to lift an injunction blocking it from implementing a policy that the judge ruled wrongly banned transgender people from serving in the military, saying she had misinterpreted the policy.
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March 21, 2025
Members Hit Pa. Teacher Union With Suit Over Data Breach
A Pennsylvania teachers union was negligent and breached its fiduciary duty in connection with a data breach that potentially exposed Social Security numbers and other personal information, a member alleged in a proposed class action, saying more than 500,000 people were impacted.
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March 21, 2025
2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight
The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.
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March 21, 2025
Ex-Jefferies Employee Says Age Bias Led To Termination
Investment bank Jefferies LLC has been sued by a former assistant vice president who alleged he was fired under the pretext of working from home too much and that he was actually a victim of age discrimination.
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March 21, 2025
How King & Spalding Helped LGBTQ+ Vets Win Back Benefits
More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.
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March 21, 2025
1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts
The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.
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March 21, 2025
Boutique Firm Accuses IRS Of Illegally Enforcing Payroll Tax
A consumer-protection boutique law firm accused the IRS of illegally enforcing payroll taxes while delaying the processing of pandemic-era employee retention tax credits, which the firm claimed would have helped with compliance, according to a complaint in Connecticut federal court.
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March 21, 2025
Fla. Whistleblower Suit Filed Over Deadly Theme Park Ride
A technician who worked at a Florida amusement park has filed a whistleblower lawsuit over trying to report the unsafe conditions on a ride that led to the death of a 14-year-old boy, alleging unlawful termination after refusing to falsify maintenance records at the behest of supervisors.
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March 21, 2025
Black Ex-Manager Hits Lowe's With Racial Bias Claims In NC
A Black former manager at Lowes Companies Inc. has said that she was fired because of her race and that before her termination she was treated differently from white colleagues by her supervisor to the point that she was not given resources necessary to do her job.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
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March 21, 2025
MGM Says Atty Fees Shouldn't Be Triple Mich. Worker's Award
MGM Grand Casino said attorneys for a fired employee cannot recoup more than three times the $133,000 a Michigan federal jury awarded him earlier this year in his lawsuit alleging he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.
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March 21, 2025
DOJ Seeks To DQ Judge From Perkins Coie's Exec Order Suit
The U.S. Department of Justice moved Friday to disqualify the D.C. federal judge presiding over Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the firm for its diversity-focused hiring efforts and its political representation.
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March 21, 2025
Harvard Grad Eyes New Complaint In Antisemitism Suit
A former student on Thursday accused Harvard University of using "litigation tactics" to thwart an amended complaint in a suit over the Ivy League school's handling of antisemitic incidents on campus, after the school settled with some of the plaintiffs in the case.
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March 21, 2025
Mass. Court Shields Welfare Workers From Child Harm Claims
Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.
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March 21, 2025
Littler Selects Longtime Calif. Litigator To Lead Fresno Shop
Labor and employment firm Littler Mendelson PC has tapped a longtime litigator to be the new head of its office in Fresno, California.
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March 21, 2025
Religious Groups Say Reproductive Health Law Hinders Hiring
A Catholic diocese and anti-abortion pregnancy center claim a new Illinois law impedes religious employers' ability to hire people aligned with their missions, urging a federal court to halt the law, which prohibits employers from discriminating against workers because of their reproductive health decisions.
Expert Analysis
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What Trump Admin's Anti-DEI Push Means For FCA Claims
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.
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Improving Comms Between Trial Attys And Tech Witnesses
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.
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Navigating Title IX Compliance In The NIL Era
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.
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Series
Collecting Rare Books Makes Me A Better Lawyer
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.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
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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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.