Employment

  • August 26, 2026

    'A Bad Argument': Southwest's Filing In FMLA Suit Irks Judge

    A California federal judge on Wednesday criticized counsel representing Southwest Airlines in a certified employment class action for filing an untimely and overbroad motion, saying Southwest's attorney was making "a bad argument" and telling counsel, "You guys should not have done that."

  • August 26, 2026

    Joe Gibbs Racing Beats Ex-Director's Cyber Trespass Claims

    Joe Gibbs Racing's former competition director can't pursue counterclaims alleging the NASCAR super team violated state and federal cyber hacking statutes when it allegedly accessed "off-limits" information on his devices during a forensic review, a North Carolina federal judge ruled Wednesday in their high-profile trade secrets dispute.

  • August 26, 2026

    Court Rules DOL's H-2A Farmworker Wage Rule Unlawful

    A California federal court found unlawful a U.S. Department of Labor rule overhauling minimum wage rate calculations for H-2A temporary agricultural workers, ruling four rule components were arbitrary and capricious and the agency bypassed required rulemaking procedures without adequate justification while declining to immediately vacate the rule.

  • August 26, 2026

    Ex-Josh Cellars Exec Balks At Bid For Lit Funding Probe  

    Companies behind the Josh Cellars wine brand should be banned from probing a former executive's litigation funding deal during a November trademark royalties trial, the executive told a Connecticut state court Tuesday, arguing his cash sources are irrelevant to his attempt to seek more than $4 million through contract and fiduciary duty claims.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Feds Aim To Give Employers Clarity On Wellness Programs

    The U.S. Department of Labor and other federal agencies on Wednesday issued guidance on employer wellness programs that permit fees on workers' health premiums for things like tobacco use, which the agencies said was in response to legal questions raised by numerous recently filed class action federal benefits lawsuits.

  • August 26, 2026

    Consultant Says Tribal Corp. Can't Rewrite Contract Claim

    A Colorado consulting company and its founder urged a federal judge to toss a tribal business corporation's contract claim in a trade secrets dispute, arguing the company still cannot revive the claim by asking the court to rewrite an agreement that names a different employer.

  • August 26, 2026

    Man Gets 42 Months For Tax Crimes, Fraud, Must Pay $1.2M

    An Oregon businessman who withheld employment taxes from employees' pay but did not pay the taxes to the IRS was sentenced to 42 months in prison for tax evasion and other crimes and ordered to pay nearly $1.2 million in restitution, the U.S. Department of Justice said.

  • August 26, 2026

    Del. Police Captains' OT Exemption Fight Heads To Trial

    A Delaware federal court has declined to rule before trial on whether Wilmington police captains are exempt from overtime pay, finding genuine factual disputes about whether their primary duty is frontline law enforcement or management that only a jury can resolve.

  • August 26, 2026

    Arizona Atty Reprimanded For Series Of AI Errors

    An Arizona federal judge has formally reprimanded a lawyer who admitted to filing four briefs that contained errors including false quotes and a faulty case summary generated with artificial intelligence amid an employment discrimination suit, noting the lawyer previously faced sanctions on two separate occasions for violating court rules.

  • August 26, 2026

    Pillsbury Settles Ex-Recruiting Director's Pregnancy Bias Suit

    Pillsbury Winthrop Shaw Pittman LLP has settled a Black former director's suit claiming the law firm fired her weeks after she shared that she was pregnant and would need accommodations, according to a Tennessee federal court filing.

  • August 25, 2026

    Applebee's Franchisee Faces Slew Of Data Breach Suits

    The largest franchisee of Applebee's is facing at least eight proposed class actions over an April data breach that exposed the personal information, including health information, of tens of thousands of employees around the country, according to complaints filed in California and Ohio federal court.

  • August 25, 2026

    Oura Ring Maker Says Ex-CEO Must Arbitrate Stock Claims

    The manufacturer of the Oura Ring personal health and fitness tracking device has asked a Delaware federal court to order its ex-CEO to arbitrate claims accusing his former company and related entities of orchestrating a scheme to strip him of voting power.

  • August 25, 2026

    Genesis Says Ex-Brass Used Trade Secrets To Build Rival

    Genesis Healthcare on Tuesday filed an adversary complaint against a former executive of Genesis subsidiary LTC ACO LLC accusing her of stealing company documents and trade secrets to form a rival company.

  • August 25, 2026

    Colo. School District Says Ex-Coach's Bias Suit Lacking

    A Colorado school district is urging a federal court to dismiss a discrimination lawsuit brought by a Black assistant basketball coach who claims he was forced to resign after raising concerns about racism in the district, arguing that the coach's claims are legally deficient because he fails to identify a single similarly situated non-Black coach.

  • August 25, 2026

    Deloitte Strikes $21.5M Deal With Feds Over DEI Policies

    The U.S. Department of Justice said Tuesday that Deloitte will pay $21.5 million to resolve allegations that its diversity, equity and inclusion policies discriminated against workers because of their race and sex and violated the False Claims Act.

  • August 25, 2026

    Health Exec Says CFO, Atty Knew Wage Claim Was Wrong

    A former corporate officer has sued his ex-colleague and the colleague's attorney in Connecticut state court, alleging they named him as a personal defendant in a federal wage lawsuit without any factual basis and with the intent to pressure his company into settling claims it disputed.

  • August 25, 2026

    BofA Looks To Crush Mortgage Officers' Collective In OT Suit

    Bank of America told a North Carolina federal judge on Tuesday that the individualized nature of a group of mortgage loan officers' jobs makes collective certification impossible in their overtime suit, saying there are multiple exemptions that could apply to any given officer.

  • August 25, 2026

    Missouri Drops Bid To Block Minority Contracting Program

    Missouri Attorney General Catherine L. Hanaway has withdrawn her attempt to block Kansas City's contracting program for minority- and women-owned businesses after the city passed an ordinance repealing the program.

  • August 25, 2026

    Potato Processor Fights Collective Bid In Break, OT Suit

    A Washington potato processor urged a federal judge to reject a former forklift driver's bid to conditionally certify a statewide collective of hourly workers who say they were denied pay for automatically deducted meal breaks and pre-shift work.

  • August 25, 2026

    11th Circ. Won't Upend Ex-Deputy's $250K Retaliation Suit Win

    The Eleventh Circuit on Tuesday upheld a jury's $250,000 award to a former sheriff's deputy who claimed he was fired for filing a bias charge against a Florida county sheriff's office, ruling statements in the charge were protected even if the sheriff believed they were false.

  • August 25, 2026

    Trucordia, Ex-Producers Fight Over Arbitration Clause

    Counsel for former insurance producers Arthur and Kirk Maberry urged the Delaware Chancery Court on Tuesday to send Trucordia's client-poaching lawsuit to arbitration, arguing that a broad arbitration clause in 2022 retention agreements still governs the dispute despite later employment and equity agreements.

  • August 25, 2026

    Greenberg Traurig Adds Morgan Lewis Employment Attorney

    A veteran Morgan Lewis & Bockius LLP employment attorney in Miami has moved her practice to Greenberg Traurig LLP, the firm announced Tuesday.

  • August 25, 2026

    NY Times Says EEOC Dragging Feet On Anti-White Bias Info

    The New York Times Company has sued the U.S. Equal Employment Opportunity Commission, claiming the anti-discrimination watchdog flouted federal law by failing to respond to requests for records of communications with conservative legal groups and agency efforts to investigate claims of bias against white workers.

  • August 25, 2026

    3 Firms Will Lead Charter Cyberattack Claims For Now

    Attorneys with Milberg PLLC, Scott+Scott Attorneys at Law LLP and Hausfeld LLP will serve as class counsel, at least temporarily, in a consolidated class action alleging that hackers stole more than 40 million private records through a cyberattack on Charter Communications Inc., a Connecticut federal judge has ruled.

Expert Analysis

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • Defending Against Remote Work Risks During The World Cup

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    With World Cup matches underway, remote work policies and security measures can help employers manage the risks of employees working from sports arenas and other nontraditional locations, including hours-worked compliance, network security and data protection, says Lisa Burton at Ogletree.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • California Antitrust Bill Raises New Risks For Dealmakers

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    A pending California bill would turn the state attorney general's office into a more powerful antitrust enforcer, introducing a host of implications for dealmakers beyond whether deals close, such as deal certainty and risk allocation, say attorneys at Baker Botts.

  • FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

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    In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • How PAGA Proposal Could Expand Calif. Labor Agency's Role

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    The California Labor and Workforce Development Agency's recently proposed regulations governing the Private Attorneys General Act signal a more structured and agency-driven enforcement approach, so risk management will depend on employers' ability to evaluate opportunities for effectuating a cure and navigate a more active administrative process, say attorneys at Lathrop.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

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