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Employment
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Wells Fargo Opposes Atty Fee Bid After $22M ADA Verdict
Wells Fargo said it is "vigorously" contesting an attorney's request for at least $1.4 million in fees after winning a $22.1 million verdict in an Americans with Disabilities Act case against the bank, telling the court the request to double the lodestar amount is unsupported.
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May 15, 2025
Kroger Worker Fights NLRA Preemption Of State Claim
A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.
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May 15, 2025
Colorado Hog Farm Inks Deal In EEOC Sex Harassment Suit
A Colorado hog farm has agreed to pay $330,000 to close a U.S. Equal Employment Opportunity Commission suit claiming it failed to take action when female workers complained that male managers propositioned them for sex and walked in on them changing.
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May 15, 2025
Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit
A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.
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May 15, 2025
9th Circ. Questions University's Limits On Professor's Speech
Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.
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May 15, 2025
Colo. Justices To Weigh Self-Defense In At-Will Firings
The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.
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May 15, 2025
Mass. Town's $102K Deal For Firefighters Gets Final OK
A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.
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May 15, 2025
House Tax Bill's Foreign Rules May Finish Off Energy Perks
House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
Ala. Jury Awards Industrial Worker $640K In Race Bias Case
An Alabama federal jury has awarded $640,000 in damages to a millwright who said he was called a racist slur, demoted and then fired within months of being hired by an industrial services company.
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May 15, 2025
Sills Cummis Adds Employment Pro From Crowell & Moring
Sills Cummis & Gross PC brought on a labor and employment attorney from Crowell & Moring LLP who brings more than two decades of experience to the firm's New York office advising employers on how to navigate disputes and ensure they comply with prevailing wage laws.
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
EEOC Says Maui Hotel Owner's Sex Harassment 'Rampant'
The U.S. Equal Employment Opportunity Commission slapped a Hawaii hotel with a lawsuit Thursday accusing its owner of widespread, long-running sexual harassment that allegedly included sexual advances, inappropriate touching and demands for massages while he was naked.
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May 15, 2025
11th Circ. Upholds Fla. Atty's COVID Relief Fraud Conviction
The Eleventh Circuit upheld the 75-month sentence given to a Florida lawyer for a COVID-19 loan fraud scheme, finding that the lower court did not err by admitting a co-conspirator's testimony about a threat the attorney allegedly made.
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May 15, 2025
Flooring Company Miscalculates Overtime, Ex-Manager Says
A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.
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May 15, 2025
House Bill Aims To Nix FMLA Leave Cap For Married Couples
A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.
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May 14, 2025
NJ Attys Reveal Workplace Probe Tips Amid New Limits
Witness misunderstandings in workplace probes can be avoided by clarifying the terms of the interview and the roles of the participants, lawyers said Wednesday at the New Jersey State Bar Association's annual meeting in Atlantic City.
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May 14, 2025
DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says
The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.
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May 14, 2025
Labor Groups Sue HHS Over Workplace Safety Agency Cuts
Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
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May 14, 2025
5th Circ. Declines To Rehear SEC's Kroger Proxy Decision
The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.
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May 14, 2025
DC Judge Halts Trump Order Axing State Dept. Union Rights
The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.
Expert Analysis
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.