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Employment
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October 31, 2025
Healthcare Sector Faces Strain Of H-1B Shakeups
The new $100,000 fee for H-1B visas and a proposed overhaul of the visa lottery could have severe repercussions on healthcare access for many Americans, with experts saying the changes could worsen existing shortages of medical workers by restricting the foreign labor pool.
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October 31, 2025
Ex-Tech Co. VP Claims She Was Fired For Not Joining Church
A female former executive at a clean energy technology company has claimed in Pennsylvania federal court that she was terminated from her job after refusing her boss' alleged attempts to convert her to the Church of Latter Day Saints, and that she was told that women are "better suited staying home."
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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October 31, 2025
Athletes Seeking Employee Status Renew Class Cert. Bid
A group of college athletes, whose fight to be recognized as employees was revived by the Third Circuit last year, is urging a Pennsylvania federal court to certify them as a class, saying they meet the necessary criteria.
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October 31, 2025
5th Circ. Rejects NLRB's New Remedies In Restaurant Case
The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.
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October 31, 2025
Judges See An Immigration Court Gutted From Inside
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
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October 31, 2025
Black Law Prof Wants High Court To Review Bias Suit Ruling
A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.
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October 31, 2025
CFPB Union Sounds Alarm As Funding 'Approaches Zero'
The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.
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October 31, 2025
Employment Authority: UAW Workers Near Strike
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on United Auto Workers members at Volkswagen's Tennessee plant getting close to a strike, how healthcare workers are met with skeptical courts in COVID-19 safety mandates cases and a look at the new U.S. Department of Labor's leadership team, which now consists of some officials who previously represented challengers to Democratic-era wage and hour rules.
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October 31, 2025
Drone Co. Says 'Disgruntled' Ex-VP Tried To Torpedo Funding
A manufacturer of emergency response drones is characterizing a state court lawsuit brought by its former vice president of sales that claims he was shortchanged on pay and commissions as the grumblings of a "disgruntled" ex-employee who allegedly tried to sabotage the company.
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October 31, 2025
Steelworkers Back Offshore Wind Project Targeted By Trump
The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 31, 2025
IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.
President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.
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October 31, 2025
Texas Atty Sanctioned For Not Disclosing AI Use
A Texas federal judge has sanctioned a Dallas-area attorney for failing to disclose that he used artificial intelligence to prepare a summary judgment response that included inaccurate information in a wrongful termination case.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
Pregnancy Bias Drove Microsoft Worker's Firing, Suit Says
A former Microsoft employee hit the tech giant with a discrimination suit in California state court, claiming she faced a barrage of micromanagement and criticism from a newly hostile boss when she returned from maternity leave and was terminated after announcing she would be having a second child.
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October 31, 2025
Wage Suit Against Property Management Co. Ends For Good
A building and grounds maintenance worker ended his suit in California federal court accusing a property management company of failing to pay minimum wage and overtime after a deal that settled the remaining individual claims.
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October 30, 2025
Ex-NYU Doc's Disability Bias Verdict Gets Trimmed To $2.55M
A former New York University doctor had nearly $1.5 million cut from a $4 million verdict on claims he was unlawfully denied remote work while recovering from COVID-19 complications, with a federal judge saying evidence didn't support the level of emotional distress or punitive damages that jurors awarded him.
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October 30, 2025
J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win
Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.
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October 30, 2025
Healthcare Nonprofit Hit With Clock-In Pay Suit
A healthcare nonprofit stiffed workers on pay for off-the-clock work, including time spent booting up computers and logging in to software programs, two former employees alleged in a proposed class action filed in Ohio federal court.
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October 30, 2025
Palantir Says Ex-Engineers Stole IP To Build Copycat AI Biz
Palantir Technologies hauled two former employees into New York federal court Thursday, accusing them of absconding with its confidential intellectual property and exploiting its customer relationships to stealthily create a competing copycat artificial intelligence platform.
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October 30, 2025
Car Auction Co. Ends Medical Marijuana User's Bias Suit
Vehicle auctioneer Copart Inc. wrapped up a lawsuit Thursday from a job seeker who said the company violated a Pennsylvania law prohibiting discrimination against medical marijuana users when it yanked an employment offer after he tested positive for cannabis, according to a federal court filing.
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October 30, 2025
Apple Retaliated Against Worker Over Mental Health, Suit Says
Apple brushed off a former employee's mental and emotional health issues caused by the "intolerable workload" he faced and retaliated against him once he indicated he needed to take time off, the worker said in a complaint in California state court.
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October 30, 2025
Nev. Justices Say State Law Isn't Intertwined With FLSA
Nevada wage and hour laws don't incorporate the Fair Labor Standards Act's exceptions addressing whether preshift work is compensable, the Nevada Supreme Court ruled Thursday in a case by a former Amazon fulfillment center associate alleging the e-commerce giant failed to pay workers for time spent in coronavirus screenings.
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October 30, 2025
7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win
The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.
Expert Analysis
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How To Navigate NYC's Stricter New Prenatal Leave Rules
On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Viral Coldplay Incident Shows Why Workplace Policies Matter
The viral kiss cam incident at a recent Coldplay concert involving a CEO and a human resources executive raises questions about how employers can use their code of conduct or morality clauses to address off-the-clock behavior that may be detrimental to the company's reputation, says Masood Ali at Segal McCambridge.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from Practical Guidance
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.