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Employment
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December 15, 2025
2nd Circ. Won't Revive Ex-Basketball Players' NIL Claims
The Second Circuit on Monday refused to revive a putative class action filed by former college basketball players claiming the NCAA unjustly profited from use of their names and images years after their careers ended, saying the "continuing violation doctrine" doesn't apply and the suit was filed too late.
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December 15, 2025
9th Circ. Backs Honeywell Over Engineer's Retaliation Claims
The Ninth Circuit rejected an ex-Honeywell engineer's challenge to her firing after voicing concerns about avionic software that was part of a Boeing defense contract, finding any potential fraud to the government was too far removed to support a retaliation claim.
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December 15, 2025
Performance Issues Doom Worker's ADA Suit, 11th Circ. Says
The Eleventh Circuit backed the dismissal Monday of a Miami-Dade County worker's disability bias suit claiming she was fired from its animal services division after being diagnosed with a brain tumor, ruling she failed to undermine the county's position that she was terminated for repeated performance issues.
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December 15, 2025
Judge Tosses Ex-Delta Worker's 'Bare-Bones' Breaks Suit
A Washington federal judge tossed a proposed class action accusing Delta Air Lines of understaffing that forced workers to miss meal and rest breaks, ruling on Monday that the plaintiff's "bare-bones allegations" were insufficient to allow the suit to proceed.
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December 15, 2025
Ex-BAE Engineer Loses Retaliation Claim In Md. Jury Trial
A former engineer for BAE Systems did not prove that he engaged in protected activity in his suit claiming that the company fired him after raising concerns about his overtime pay, a Maryland federal jury found Friday.
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December 15, 2025
Full 5th Circ. Denies Nexstar's Bid To Overturn Union Order
The full Fifth Circuit declined to reconsider a panel decision to back a National Labor Relations Board order requiring Nexstar to start bargaining with a newly installed Communications Workers of America affiliate at two of its Denver television stations.
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December 15, 2025
Former DLA Piper Associate Alleges Ex-Partner Raped Her
A former Boston-based DLA Piper associate on Monday launched a state lawsuit alleging she was raped at the firm's Delaware office by a former partner purportedly known for heavy drinking and inappropriate workplace conduct toward female subordinates.
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December 15, 2025
Fla. Health Clinic Chain Settles EEOC Age Bias Probe
A healthcare provider with multiple clinics in Florida will pay $64,000 after a U.S. Equal Employment Opportunity Commission investigation found reasonable cause to conclude that the company fired a worker over his age, the EEOC said Monday.
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December 15, 2025
Wells Fargo Bucks CFO's Deposition In Disability Bias Suit
Wells Fargo wants to block the deposition of its chief financial officer in a senior finance manager's disability bias lawsuit, saying he has no personal knowledge of the claims underpinning her allegations and suggesting that her attorney's "behavior" needs "curtailing."
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December 15, 2025
EEOC, PepsiCo Reach $270K Deal To End Vision Bias Suit
PepsiCo will pay $270,000 to end suit by the U.S. Equal Employment Opportunity Commission alleging it fired a blind call center employee after refusing to find a screen-reading tool compatible with its software system that would allow the worker to do his job, according to a North Carolina federal court filing.
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December 15, 2025
NY AG Says UPS Was Grinch With Seasonal Workers' Wages
UPS "played the Grinch" by failing to pay seasonal workers it hires between October and January for work they performed outside their shifts, leading to millions in unpaid wages and overtime, New York Attorney General Letitia James said Monday.
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December 15, 2025
Employee-Related Charges Against Goldstein Are Tossed
A Maryland federal judge has dismissed several charges against SCOTUSblog founder Tom Goldstein related to employees at his law firm, agreeing that prosecutors had failed to establish a clear rule for determining whether employees are legitimate for tax purposes.
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December 15, 2025
Fired Black Delta Worker Ends Race Bias, Retaliation Suit
A Black former Delta Air Lines employee dropped his suit claiming the airline fired him for voicing concerns that he was paid less than his non-Black colleagues, according to a filing in Georgia federal court.
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December 15, 2025
High Court Won't Hear Illinois County's ADA Back Pay Appeal
The U.S. Supreme Court declined an invitation Monday from Cook County, Illinois, to review a Seventh Circuit ruling that said a former corrections officer can seek back pay after winning a disability discrimination verdict.
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December 12, 2025
Fired MSPB Member Urges Full DC Circ. To Rehear Case
A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.
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December 12, 2025
Boeing Unit Owes $2.5M In Employment Bias Trial
A Kansas federal jury has said Spirit AeroSystems Inc. must pay a former employee, a white mechanic, $2.5 million for firing him after a period of sustained conflict with a Hispanic employee that eventually led the mechanic to call the police.
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December 12, 2025
Exec Says Netflix Used Vax Status As Cover For Biased Firing
Netflix fired a production executive for refusing to get a COVID-19 vaccine out of retaliation for her complaints that the company mocked the religious beliefs of the unvaccinated and pushed a sexually charged company culture, according to a bias suit the former employee filed in California state court.
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December 12, 2025
Employment Authority: High Court's Arb. Case Impact On W&H
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a case in the U.S. Supreme Court dealing with federal jurisdiction over the final say on arbitration awards could impact agreements in the wage and hour sphere and a look at how labor attorneys dealt with a National Labor Relations Board that went most of 2025 without a quorum.
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December 12, 2025
1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction
The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.
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December 12, 2025
Insurer Seeks To Deny $2.4M Coverage In Harassment Suits
An insurer told an Iowa federal court it shouldn't have to pay $2.4 million in coverage to a warehouse and its owner for several underlying judgments related to sexual harassment and employment discrimination lawsuits, and that the case belongs in Iowa, according to an amended complaint filed Friday.
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December 12, 2025
Ex-Driver Says Ga. Delivery Co. Stiffs Workers
A former driver for an Atlanta-area FedEx delivery contractor has hit the company with a proposed collective action in Georgia federal court, accusing the firm of paying its drivers what amounted to a flat wage when they were entitled to overtime.
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December 12, 2025
Mass. Restaurants Settle OT Claims For $225K
Two Massachusetts eateries have agreed to pay a total of $225,000 to resolve the government's allegations that they failed to pay workers for overtime hours and tried to prevent them from speaking with U.S. Department of Labor representatives investigating possible labor violations, according to a consent judgment entered Friday in federal court.
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December 12, 2025
4th Circ. Won't Revive Black Worker's Promotion Bias Suit
The Fourth Circuit backed a community college's win Friday in a Black former employee's suit claiming her race and gender caused her to lose out on a promotion, ruling she failed to rebut the college's explanation that the white, male candidate who got the role was more qualified.
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December 12, 2025
NLRB Asks Calif. Judge To Follow Colleague On Fill-In Law
A California federal judge should follow his New York colleague's lead and hold that states likely cannot let their labor boards fill the National Labor Relations Board's shoes if the NLRB is faltering, the NLRB argued, saying "profound labor relations instability" could result if courts begin endorsing such laws.
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December 12, 2025
Tool Co. Misclassifies Calif. Workers As Contractors, Suit Says
An Ohio-based tool company stiffs its California dealers on pay by misclassifying them as independent contractors and is threatening to force workers to arbitrate their claims in Ohio, according to a proposed class action filed in California federal court.
Expert Analysis
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Minimizing AI Bias Risks Amid New Calif. Workplace Rules
In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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Navigating Employee Social Media Use Amid Political Violence
With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Tips For Contesting, Settling Citations With The OSHRC
Excerpt from Practical Guidance
To effectively practice before the Occupational Safety and Health Review Commission, employers should strategically use the notice of contest and thoughtfully evaluate settlement considerations, and recognize that the implications of Occupational Safety and Health Administration citations extend beyond immediate monetary penalties, says John Ho at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.