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Employment
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October 16, 2025
NLRB Says Fed. Law Preempts Calif.'s Labor Board Fill-In Law
The National Labor Relations Board claimed that newly enacted legislation to expand California's state labor board's powers was preempted by the National Labor Relations Act, in a complaint filed in California federal court.
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October 16, 2025
Texas Law Firm Partially Misclassified Paralegal, Judge Rules
A former paralegal for a Texas law firm was an independent contractor for the first four years at the firm, but an employee for the remaining two, a federal judge ruled while denying her bid to snag a win on her overtime and minimum wage claims.
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October 16, 2025
Wells Fargo To Settle Investors' 'Sham' Hiring Case For $85M
Wells Fargo & Co. has agreed to pay $85 million to exit an investor class action accusing it of conducting "sham" job interviews to meet diversity quotas, settling a yearslong dispute before it could reach trial in California federal court.
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October 16, 2025
Ex-Paralegal Says She Was Scapegoat For NC City Atty
A former paralegal in a North Carolina city attorney's office said she was falsely accused of misusing city resources on her boss's behalf and was not given a fair shot to clear her name, which has allegedly damaged her reputation and made it difficult to find a new job.
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October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
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October 16, 2025
US Bank Wants Out Of Ex-AI Chief's Race Bias Suit
U.S. Bank has doubled down on its efforts to escape a race bias suit brought by the former head of its artificial intelligence efforts, saying he waited more than 100 days too long to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission.
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October 16, 2025
Thompson Hine Adds 8 UB Greensfelder Immigration Pros
Thompson Hine LLP has brought on an eight-member team of immigration professionals from UB Greensfelder led by a former adviser to the Biden-Harris presidential transition team on matters related to immigration law and policy.
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October 16, 2025
Tech Co. Gets Ex-Employee's Bias Suit Shipped To Texas
An information technology services company must face a Black former employee's lawsuit claiming she was fired for complaining about a supervisor's racist remarks, an Illinois federal judge ruled, but said the case should be sent to Texas based on the worker's employment agreement.
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October 16, 2025
3rd Circ. Says FLSA Doesn't Limit Class Member Settlements
The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.
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October 16, 2025
3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers
The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Vought Aims To Close CFPB Within '2 Or 3 Months'
White House budget chief Russell Vought said Wednesday that he wants to shutter the Consumer Financial Protection Bureau and expects to succeed in the next few months, despite the Trump administration's claims in court that the agency is just being downsized.
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October 15, 2025
Ex-Angels Exec Denies Knowing 'Erratic' Staffer Sold Drugs
A former executive with the Los Angeles Angels denied on the witness stand Wednesday in a lawsuit over star pitcher Tyler Skaggs' overdose death that he was aware the team's then-communications director was selling drugs to players or had an illegal drug problem, but did say he displayed "erratic" behavior.
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October 15, 2025
5th Circ. Upholds Bargaining Order Against Nexstar
A Fifth Circuit panel affirmed a bargaining order issued by the National Labor Relations Board against Nexstar on Wednesday, rejecting the media company's attempt to shed an obligation to negotiate with a newly installed Communications Workers of America affiliate at two of its Denver television stations.
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October 15, 2025
Justices Allow Federal Gov't To Argue In Army Vet Injury Suit
The federal government has been allowed to weigh in on whether a U.S. Army veteran can revive his state-based injury claims against a military defense contractor in connection with a 2016 suicide bombing in Afghanistan, the U.S. Supreme Court announced.
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October 15, 2025
Alaska Airlines Seeks To Ground Pilot Sick Leave Accrual Suit
A former Alaska Airlines pilot's suit claiming that he should have accrued vacation and sick time while on long-term military assignments cannot stand because the company doesn't provide such a benefit to other types of leave, the airline told a Washington federal court.
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October 15, 2025
Sysnet Says Ex-Worker Breached Noncompete With New Job
Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."
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October 15, 2025
Conn. Hospital Had Cause To Fire Lawmaker, Judge Confirms
A Connecticut judge has confirmed an arbitrator's finding that Norwalk Hospital had "just cause" to fire a now-former state lawmaker, Anabel Figueroa, from her job as a unit coordinator after she made allegedly antisemitic remarks on the campaign trail.
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October 15, 2025
Cal Poly Athletes Told Objections To NIL Deal Don't Hold Water
The members of a college swimming and diving team that was eliminated by its school last March should blame the school itself for its demise, not the negotiators of a $2.78 billion class action athlete compensation settlement, the NCAA and the athlete class representatives told a California federal court in response to their objections.
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October 15, 2025
Wash. Judge Rejects Consulting Co.'s $295K Deal In OT Suit
A Washington federal judge refused to approve a $295,000 settlement in a proposed collective action accusing a consulting company of not paying workers overtime, finding no "bona fide dispute" existed over whether the company was required to pay overtime rates and that the deal would improperly waive workers' rights.
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October 15, 2025
Panel Weighs If Firings Centered On Chats Crossed Legal Line
A D.C. Circuit panel appeared torn Wednesday over where protected workplace activism in an employee workchat ended and fireable conduct began, in a case involving the termination of four employees from a Vermont software company over chat messages and a salary-sharing spreadsheet.
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October 15, 2025
Bankruptcy Can't End Caterpillar Privacy Suit, Ex-Worker Says
A former Caterpillar employee urged an Illinois federal judge on Tuesday not to let his bankruptcy spell doom for his lawsuit claiming the machinery manufacturer illegally collects applicants' family medical histories, arguing he properly used a 'wildcard exemption' to shield his assets from creditors.
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October 15, 2025
11th Circ. Denies Veteran's Appeal Of Bias Suit Dismissal
The Eleventh Circuit on Wednesday affirmed a district court's ruling against a veteran who said he faced disability discrimination, retaliation and a hostile work environment at the IRS after the agency failed to accommodate his request to work from the office during the COVID-19 pandemic.
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October 15, 2025
Judge Denies Class Cert. In Coast Guard Vax Suit
A U.S. Court of Federal Claims judge declined to certify a proposed class of Coast Guard personnel who were involuntarily removed from active duty after refusing the COVID-19 vaccination, calling their proposed subclasses overly broad and potential claims too unique.
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October 15, 2025
Cherokee Nation Member Appointed IHS Chief Of Staff
The Indian Health Service has appointed a Cherokee Nation citizen as its new chief of staff, responsible for overseeing the coordination of key agency activities, including support for its leadership in a broad range of duties related to development and implementation of initiatives and priorities.
Expert Analysis
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.