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Employment
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May 20, 2025
High Court Precedent Blocks FTC Commish Firings, Judge Told
A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.
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May 20, 2025
Wash. Judge Doubts T-Mobile Worker's Birthday Bias Stance
A Washington federal judge expressed skepticism on Tuesday with a former T-Mobile employee's contention that her manager's failure to wish her a happy birthday bolstered her case against the company, questioning any nexus to discrimination.
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May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts
A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Injunction On Trump Order Limited To Perkins, Judge Clarifies
A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.
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May 20, 2025
Pennsylvania Biz Owner Cops To COVID Fraud Schemes
A Pennsylvania business owner on Tuesday admitted to running fraud schemes targeting government business pandemic relief programs that could result in a maximum $3.25 million fine, according to the U.S. attorney's office in Philadelphia.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
Ga. Craft Brewery Hit With Unpaid Wages Suit
A Georgia craft brewery and its owner have been sued in federal court by three current employees who allege that they have not been paid proper minimum wages over the last three years.
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May 20, 2025
Texas A&M Says Prof's Pregnancy Leave Wasn't Under FMLA
Texas A&M University told a state appellate court that it should be freed from a lawsuit brought by a professor who was denied tenure because she technically never took family medical leave as she claimed.
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May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill
Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
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May 20, 2025
Uber Underpaid OT By Thousands, Account Exec. Says
Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.
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May 20, 2025
Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.
A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.
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May 20, 2025
SAG-AFTRA Battles Use Of Fortnite's AI Darth Vader At NLRB
The developer behind the video game Fortnite violated federal labor law by not negotiating with SAG-AFTRA before using artificial intelligence to voice Darth Vader, the union alleged in an unfair labor practice charge, claiming the company's AI use takes away work from bargaining unit members.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
MLBPA, Underdog Sports End Suit Over Using Player Images
The Major League Baseball Players Association and sports betting platform Underdog Sports have agreed to end the union's suit alleging unauthorized use of players' names, images and likenesses to promote its services, a complaint that originally also accused FanDuel of the same usage.
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May 20, 2025
Red Cross Seeks Clarity On Deposition Order In Vax Bias Case
The American Red Cross asked a Michigan federal judge on Monday to clarify that an April ruling allows the organization to depose the husband of a Christian nurse alleging she was fired for not getting the COVID-19 vaccine, saying the worker's attorneys refused to make him available.
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May 20, 2025
Taft Expands In Chicago With Construction, Employment Attys
Taft Stettinius & Hollister LLP has expanded its construction and employment/labor practices by adding two litigators as Chicago partners, the firm announced Tuesday.
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May 20, 2025
Detroit Tigers, Former VP Spar Over Age, Race Bias Claims
The Detroit Tigers said a former vice president was let go as part of a COVID-19 pandemic workforce reduction while the ex-executive said the pandemic was a smokescreen for firing an older Black woman, as each argued the other side should not get an early win in the lawsuit.
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May 20, 2025
1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal
The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.
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May 20, 2025
UAW Local Agrees To DOL Oversight Of Next Officers' Election
A United Auto Workers local in Warren, Michigan, has agreed to let the U.S. Department of Labor supervise its next officers election, a few months after the U.S. secretary of labor claimed the union's election committee mishandled recordkeeping and ballot oversight during a vote a year ago.
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May 20, 2025
Doctor's Disability Bias Claim Too Late, Mass. Court Says
A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.
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May 20, 2025
Holland & Knight Adds Employment Litigator To DC-Area Office
Holland & Knight LLP has hired a longtime employment litigator from Quarles & Brady LLP, who joins the firm in Tysons, Virginia, to continue her practice litigating restrictive covenants, business torts and trade secrets.
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May 20, 2025
Worker Says Health System Must Face Time Rounding Suit
An Ohio county health system should face a proposed collective action accusing it of illegally rounding down workers' time in efforts to short them on wages, a medical assistant said, telling a federal judge she put forward enough detail to back up her claims.
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May 20, 2025
EEOC Annual Worker Data Bid Opens With Diversity Warning
The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.
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May 19, 2025
Ex-OneTaste Staffer Says Sexual Labor Was Part Of The Job
A former OneTaste sales employee and "coach" testified Monday in the trial of two former executives, saying she was directed to engage in sexual activity while working a grueling schedule for the sex-themed wellness company, one of multiple ex-staffers to say they suffered psychological harm from their time at OneTaste.
Expert Analysis
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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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.