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Employment
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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.
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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.
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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.
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March 13, 2025
Chicago Teachers' Pension Fund Beats Accountant's Bias Suit
The Chicago Teachers' Pension Fund defeated Thursday a former accountant's lawsuit claiming he was passed over for promotions and ultimately fired because he was a Black man in his 60s, with an Illinois federal judge finding it was his declining job performance that cost him the job.
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March 13, 2025
2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case
A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.
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March 13, 2025
Bumble Bee Foods Accused Of Benefiting From Forced Labor
Four Indonesian villagers who allege they were trapped in abusive and dangerous slave-working conditions for years aboard tuna fishing vessels sued Bumble Bee Foods LLC in California federal court, accusing the seafood giant of knowingly benefiting from forced labor in violation of the Trafficking Victims Protection Act.
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March 13, 2025
Ga. Court Nixes Reinstatement Of Officer Who Beat Jail Inmate
The Georgia Court of Appeals has reversed a trial court decision that reinstated to his job a former Athens-Clarke County police officer who was found to have beaten a person incarcerated in county jail, ruling there was enough evidence to justify the officer's firing for the assault.
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March 13, 2025
Fed Unions Challenge Dissolution Of TSA Officers' Labor Deal
A union coalition sued the U.S. Department of Homeland Security in Washington federal court Thursday, claiming it arbitrarily shredded a contract covering airport security officers to punish their union for challenging the president's "anti-worker actions" in court.
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March 13, 2025
Home Chef, Staffing Co. Sued Over Harassment Firing
A staffing agency and Relish Labs LLC, the legal entity behind meal kit delivery service Home Chef, have been sued in Georgia federal court by a former employee who alleged she was fired after reporting sexual harassment she suffered at the hands of a co-worker.
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March 13, 2025
Russell Simmons Accuser Refiles Suit After Jurisdiction Issue
A Jane Doe plaintiff whose New York federal court suit alleging Def Jam Recordings co-founder Russell Simmons raped her in his apartment in the 1990s was dismissed on jurisdictional grounds on Thursday refiled the claims in state court.
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March 13, 2025
Coverage Bars Fla. Worker Who Died In Fall, Insurer Says
A Michigan-based insurance company has asked a Florida federal court to declare that it doesn't owe coverage in a claim stemming from a condominium worker's death after falling five stories, asserting that its policy doesn't cover the death if it occurred during the scope of the employer's business.
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March 13, 2025
SEIU Fund Escapes Surgery Centers' Underpayment Suit
A Service Employees International Union benefit fund no longer has to face a lawsuit four surgical centers launched accusing it of shortchanging them on patient treatments, with a New York federal judge saying Wednesday the centers have failed to show that any agreement existed between themselves and the fund.
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March 13, 2025
Judge Tosses Pot Co.'s Challenge To Calif. Labor Peace Law
A California federal judge has dismissed a constitutional challenge to the Golden State's law requiring marijuana businesses to have labor peace agreements, saying that the court could not intervene in the matter because the entire industry is federally illegal.
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
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March 13, 2025
6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit
The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.
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March 13, 2025
Duke University Must Face Narrowed Race Bias Suit
A North Carolina federal judge narrowed, but refused to fully dismiss, a suit against Duke University from a Black former worker who said he was fired after complaining that his boss made racially offensive comments, such as telling him he looked "too dark" on a video conference.
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March 13, 2025
J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec
Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.
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March 13, 2025
Payroll Co. Accuses Ex-Managers Of Driving 'Mass Defection'
A Georgia-based payroll software company has sued three former managers and the rival company that the ex-employees allegedly conspired to engineer a "mass defection" of workers to last year.
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March 13, 2025
UPenn Slams White Law Prof's Race Bias Claims
The University of Pennsylvania's trustees pushed back Wednesday against a law professor's claim that her contract with the school was breached when she was sanctioned for racist remarks, saying it followed disciplinary procedures laid out in the faculty handbook.
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March 13, 2025
Meta Blocks Ex-Exec From Promoting Tell-All Memoir
An international arbitrator issued an emergency ruling Wednesday blocking former Meta executive Sarah Wynn-Williams from promoting her recently released tell-all memoir "Careless People: A Cautionary Tale of Power, Greed and Lost Idealism," finding that Meta has shown it'll likely win its nondisparagement claim against the author.
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March 13, 2025
Rikers Fails To Pay For OT Work, Correction Officers Say
New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.
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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.
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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.
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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.
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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."
Expert Analysis
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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.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.