Employment

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

  • July 28, 2026

    Houston's Race-Conscious Contracting Program Struck Down

    A Texas federal judge on Tuesday ruled that Houston's program awarding public contracts on a race-conscious basis violated the Fourteenth Amendment in the first federal challenge to such a program following the U.S. Supreme Court's 2023 decision striking down affirmative action admissions policies.

  • July 28, 2026

    Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

    "It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying the newspaper is entitled to recoup its legal fees.

  • July 28, 2026

    DHS Can't Undo Order Halting TSA Union Deal Cancellation

    A federal judge in Seattle denied the Trump administration's bid on Tuesday to lift a court order blocking the U.S. Department of Homeland Security from canceling a collective bargaining agreement covering thousands of Transportation Security Administration workers, saying the government failed to debunk two independent grounds for the injunction.

  • July 28, 2026

    Amazon To Pay $2M To End Suit Over Rest Breaks In Wash.

    Amazon will pay $2 million to resolve Amazon Fresh and Amazon Go store workers' accusations that the e-commerce giant failed to provide them with meal and rest breaks required under Washington state law, according to a settlement given final approval by a Pierce County judge.

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Ortho Practice Owes More Damages After Sex Bias Verdict

    A Pennsylvania-based orthopedic practice and a group of five female employees who accused the healthcare provider and its related entities of sex discrimination came to an agreement Tuesday on how much back and front pay should be awarded to the plaintiffs months after a federal jury awarded them $4.35 million.

  • July 28, 2026

    Union Pacific Won't Hire Drivers Using Opioid Meds, Suit Says

    Union Pacific Railroad Co. refuses to hire train drivers who take certain medications for opioid use disorder without evaluating their cases individually, in violation of the Americans with Disabilities Act, according to a proposed class action filed in Wisconsin federal court.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    Counsel's Conduct Can't Decertify Server Class In Tips Suit

    A Connecticut state judge refused to decertify a class of steakhouse servers alleging they were shorted on wages for untipped work, ruling their attorney's emotional and unprofessional conduct did not cast serious doubt on the court's ability to reach a just outcome.

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

  • July 28, 2026

    Flawed NLRB Protections Can't Stop Case, Texas Judge Says

    National Labor Relations Board members' and judges' job protections are unconstitutional, but these flaws don't block the agency from prosecuting labor violations, a Texas federal judge said in a decision splitting with a recent ruling from a different district.

  • July 28, 2026

    Judge Won't Enforce $25K Wage Deal With Ad Tech Co.

    A North Carolina federal judge has tossed a worker's bid to force his former employer to pay a $25,000 settlement, finding the court lacks the authority to enforce the agreement because it was never incorporated into a court order.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Delta, EEOC Seek Approval For Pregnancy Bias Suit Deal

    Delta Air Lines Inc. will pay nearly $17,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully revoked a job offer from a worker who was prevented from completing a physical screening because she was pregnant, according to a filing in New York federal court.

  • July 28, 2026

    Charges Dropped Against SEIU Official Who Protested ICE

    Federal prosecutors in California have dropped charges against a Service Employees International Union official who was arrested after he blocked a police vehicle during a U.S. Immigration and Customs Enforcement raid in Los Angeles, according to a court filing.

  • July 28, 2026

    Ex-Comcast Worker Says Pie 'Assaults' Punished Low Sales

    Comcast Xfinity is being sued by a former Connecticut employee who says his retail store manager repeatedly ordered colleagues to tie her lowest-performing salespersons to a chair and then "violently" hit them in the face with a cream pie, allegedly as a shaming procedure to drive increased sales.

  • July 28, 2026

    1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

    A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Staffing Firm Workers Fight To Keep FLSA Collective Intact

    Manual laborers who claim a North Carolina staffing company shorted them on wages urged a federal judge to keep their overtime collective intact, arguing that uniform timekeeping failures and coercive time-sheet practices tie all collective members together regardless of which job site they worked.

  • July 28, 2026

    Texas Workers Seek To Void IRS Wage Withholding Regs

    The Internal Revenue Service's income tax withholding regulations resulted in employers overdeducting taxes from their employees' paychecks, two workers told a Texas federal court, arguing the agency's rulemaking violated the Administrative Procedure Act.

  • July 28, 2026

    Auto Parts Co., Workers Oppose Pretrial Wins In Wage Fight

    An auto parts manufacturer and four North Carolina workers urged a judge to reject each other's partial early win bids, disputing whether rounding practices and time-record edits deprived employees of pay.

  • July 28, 2026

    Amtrak Says Arbitral Award Can't Dictate Future PTO Claims

    Amtrak has asked a District of Columbia federal court to toss a lawsuit brought by two railroad unions over its paid time off accrual policy, arguing the dispute must go to arbitration because it involves the interpretation of existing labor agreements rather than a unilateral change to those agreements.

  • July 28, 2026

    Sullivan & Cromwell Rehires DOJ Lawyer For Antitrust Work

    A former U.S. Department of Justice trial attorney who worked on the government's successful challenge of the Northeast Alliance partnership between American Airlines and JetBlue has rejoined Sullivan & Cromwell LLP as a partner in the firm's antitrust practice.

  • July 27, 2026

    AT&T Technician In Ill. Sues For Pre-, Postshift Work Pay

    AT&T's Illinois unit was hit Monday with proposed class pay claims by a premises technician who says the telecommunications giant illegally fails to compensate premises technicians for duties they're required to complete as they prepare for and conclude their daily shifts. 

Expert Analysis

  • Latest NLRB Pick Could Put 4 Key Rulings On Chopping Block

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    If President Donald Trump's recent nominee for the National Labor Relations Board is confirmed, it would restore the board's critical three‑member majority and position it to begin revisiting Biden‑era decisions, including Cemex, Thryv and others, say attorneys at Proskauer.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • Employers Need To Mitigate Risk From ICE's Quiet I-9 Shift

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    U.S. Immigration and Customs Enforcement’s quiet update to employment verification guidance effectively erased a long-standing good faith safe harbor, and should prompt employers to self-audit existing records, strengthen Form I-9 procedures and develop protocols for quickly responding to inspection notices, say attorneys at Klasko.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Tips For Handling DEI Clampdown In Gov't Contracts

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    A recent executive order and subsequent guidance from the Federal Acquisition Regulatory Council reflect unified opposition to diversity, equity and inclusion in federal contracts, requiring contractors to, among other things, identify which entities are subject to flow-down obligations and prepare for near-term contract action and negotiations, say attorneys at Morgan Lewis.

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Rulings Offer Lessons On Credible Workplace Investigations

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    Three recent rulings illustrate that while internal investigations are a critical tool for managing workplace risk, the process itself must be able to withstand scrutiny, so employers should take steps to ensure that they're conducted with independence, credibility and trust to better defend their case, say attorneys at Krevolin Horst.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

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