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Employment
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May 02, 2025
Ex-Aide Hits Morgan & Morgan With Disability, Age Bias Suit
A former legal assistant for personal injury law firm Morgan & Morgan PA has launched a disability and age discrimination suit against the personal injury firm in Florida state court alleging she received more work than younger employees and was told to work on the weekends without overtime pay.
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May 02, 2025
Salesforce Favored Indian Men For Promotions, Bias Suit Says
A white former Salesforce director was forced to resign from the company because her boss refused to promote her, and instead handed out career advancements to Indian men who sometimes had less experience, she said in her suit filed in Colorado federal court.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 02, 2025
Ga. Law Firm Settles Contract Suit With Recruiting Company
Atlanta law firm Mozley Finlayson & Loggins LLP has dismissed its suit against recruiting company Frederick Fox LLC, permanently ending its allegations that Frederick Fox was in breach of contract for refusing to refund a placement fee of more than $36,000 when its candidate quickly left his role.
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May 02, 2025
Ex-Litigator, Wilson Elser Plan To Drop Bias Suit
An ex-Wilson Elser Moskowitz Edelman & Dicker LLP litigator who sued the firm for allegedly firing him over his disabilities appears to have settled with his former colleagues, with both parties telling a New York federal judge on Friday they plan to dismiss the case.
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May 02, 2025
Workers Say UMich Fired Them For Pro-Palestine Protests
Former University of Michigan employees alleged in a new lawsuit that they were illegally fired and barred from seeking future work at the university because they participated in demonstrations to support the rights of Palestinians in the conflict in Gaza.
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May 02, 2025
Yale University Hit With Class Claims Over Payroll Schedule
Yale University has illegally paid salaried employees on a monthly basis instead of weekly or bi-weekly, as required in Connecticut, according to a putative class action in state court.
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May 02, 2025
DOL Halts Enforcement Of Biden's Contractor Rule
The U.S. Department of Labor's Wage and Hour Division will stop enforcing a former President Joe Biden-era final rule determining whether workers are independent contractors or employees under federal law, the agency announced, as three federal courts paused suits challenging the rule.
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May 01, 2025
NCAA Coaches Get Initial OK For $49M Wage-Fix Deal
A California federal judge granted preliminary approval Wednesday to a group of roughly 1,000 Division I volunteer baseball coaches for their settlement under which the NCAA would pay $49.5 million to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
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May 01, 2025
Judge Won't Ax Anti-DEI Injunction For Plaintiffs' Tweaks
A Maryland federal judge Thursday declined to upend his preliminary injunction barring the Trump administration from implementing the bulk of the president's executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors.
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May 01, 2025
Ex-Credit Union Regulator Says Suing Trump 'Had To Be Done'
One of two Democrats suing President Donald Trump for unlawful termination from the National Credit Union Administration warned Thursday of damaging potential ripple effects if their firings are allowed to stand, casting their decision to litigate as daunting but necessary.
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May 01, 2025
Troops Urge High Court To Keep Transgender Ban On Ice
Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.
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May 01, 2025
Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says
A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.
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May 01, 2025
3rd Circ. Backs Charter School In Black Worker's Bias Suit
The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.
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May 01, 2025
Truckers Win $10M In Row Over Pay For Freight Transport
A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.
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May 01, 2025
Norfolk Southern's Promotion Process Is Biased, Workers Say
Norfolk Southern Corp. has been sued in Georgia federal court by two longtime billing clerks who allege the company's promotion process is riddled with race and age bias and that its customer service division systematically pressures workers not to take medical leave.
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May 01, 2025
4th Circ. Skips To Full Review Of DOGE's SSA Access
The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.
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May 01, 2025
NC Chef Says Restaurant Canned Him For Being Trans
The former executive sous chef at a resort restaurant in Flat Rock, North Carolina, claims in a lawsuit that he was terminated for having gender dysphoria and for requesting time off under the Family and Medical Leave Act to recover from gender reassignment surgery.
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May 01, 2025
Landscaping Co. Must Face Trial In Unpaid OT Suit
A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.
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April 30, 2025
Susman Godfrey Urges Court To Reject Trump's Dismissal Bid
Susman Godfrey LLP has pressed a D.C. federal court not to kill the firm's suit challenging President Donald Trump's executive order targeting the firm, arguing that the government's "meritless" dismissal motion "goes to great lengths to distract from the indisputable truth" that the order is "blatantly unconstitutional."
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
Ex-Levi's Exec Testifies Pregnancy News Blocked Promotion
A former Levi Strauss executive who claims she was skipped over for a senior marketing director role after announcing her pregnancy told a California federal jury on Wednesday that her boss said the position was given to a colleague because the other woman had more "capacity" to "take on more work."
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April 30, 2025
DOJ Urges 11th Circ. To Restore FCA Whistleblower Provision
The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.
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April 30, 2025
SuperValu Fights New Trial Bid In Whistleblower Drug Case
SuperValu urged an Illinois federal judge Tuesday not to overturn its defense win on whistleblower claims of systematic prescription overbilling, saying the whistleblowers are now making "kitchen sink arguments" with little basis.
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April 30, 2025
Atlanta Home Health Service Faces Overtime Class Action
An Atlanta home healthcare service was hit with a proposed class action Wednesday over allegations it failed to pay certified nursing assistants proper overtime compensation.
Expert Analysis
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.