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Employment
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October 07, 2025
11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown
The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.
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October 07, 2025
Copyright Chief Says DC Circ. Decision Bars Removal
Shira Perlmutter has shot back at the government's arguments defending President Donald Trump's decision to fire her as head of the U.S. Copyright Office, saying the D.C. Circuit has said in her case that Trump likely never had the power to do so.
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October 07, 2025
United Can't Sanction Ex-Flight Attendant Over Pay Suit
A former United Airlines flight attendant will avoid sanctions in his now-ended suit seeking unpaid wages, a New York federal judge ruled, saying he didn't abuse the judicial process even if his evidence that state law applied to his claims was weak.
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October 07, 2025
Firefighters' Union Drops PFAS Suit Against Safety Group
A firefighters' union has dropped a 2023 lawsuit in Massachusetts state court accusing a fire safety organization of ignoring the cancer risk of "forever chemicals" in maintaining safety standards that continued to call for their use in firefighting gear.
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October 06, 2025
Ex-USAID Contractors Call Trump Cuts Political Retaliation
Former contractors employed by the U.S. Agency for International Development claim their contracts were unlawfully terminated en masse because the Trump administration believed their work functioned as "indirect financial support for the Democratic Party," according to a lawsuit filed in the Court of Federal Claims.
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October 06, 2025
New H-2A Wage Rule May Worsen Farm Labor Shortages
A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.
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October 06, 2025
6th Circ. Backs Termination Of Fire Chief Accused Of Threats
The Sixth Circuit declined on Monday to revive a former paper mill fire chief's suit alleging his union representative refused in bad faith to contest his termination for allegedly threatening coworkers, finding the representative made his decision after getting reports from officials that the appellant's colleagues felt unsafe around him.
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October 06, 2025
Ex-UBS Reps Can't Add Bank's Clients Amid Poaching Suit
UBS Financial Services has secured a preliminary injunction blocking former UBS advisers from soliciting the firm's account holders while a suit accusing the representatives of violating nonsolicitation and confidentiality agreements proceeds.
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October 06, 2025
Morgan Stanley Race Bias Suit In NY Closed After Settlement
A decade-old suit accusing Morgan Stanley of discriminating against its African American financial advisers and depriving them of lucrative opportunities has come to a close after the final plaintiff reached a settlement with the financial institution.
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October 06, 2025
2nd Circ. Declines To Reconsider NFL Arbitration Decision
The Second Circuit on Monday declined the NFL's request to reconsider its finding that the league offers arbitration "in name only" and that it cannot force fired Miami Dolphins head coach Brian Flores to arbitrate his racial discrimination claims.
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October 06, 2025
Unions Ask Court To Save Fed. Workers' Jobs Amid Shutdown
A California federal judge should block the Trump administration from carrying out its threats to use the government shutdown as an occasion to fire another large swath of federal workers, two unions argued, requesting a temporary restraining order that would protect the jobs of the federal workers they represent.
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October 06, 2025
6th Circ. Backs Firing Over Graffiti, Rejects Bias Claims
The Sixth Circuit on Monday upheld the dismissal of a fired delivery driver's claim that his employer used allegations he painted crass graffiti on trusses as a facade to let him go for making a disability claim, finding no strong link between his workers' compensation request and his later termination.
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October 06, 2025
Labor, Energy Groups Challenge EPA's $7B Solar Cancellation
A coalition of the labor and solar energy industry players on Monday alleged the U.S. Environmental Protection Agency violated the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 06, 2025
Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight
Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court.
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October 06, 2025
SkyWest Group Fights To Keep AFA-CWA Counterclaims
A nonunion employee organization at SkyWest urged a Utah federal court to preserve its counterclaims accusing the Association of Flight Attendants, a union organizer and former flight attendants of conspiring to violate the federal Computer Fraud and Abuse Act in their organizing efforts, arguing that the group adequately pled its claims.
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October 06, 2025
Amtrak Settles Black Worker's Bias Suit Alleging Union Snubs
Amtrak and a labor union have agreed to settle a Black conductor's suit alleging she was blocked from securing senior union committee assignments out of bias against her race, age and gender, according to a Monday docket entry in Connecticut federal court.
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October 06, 2025
Meta Accused Of Retaliation In Pregnancy Discrimination Suit
A former manager for Meta claims in a lawsuit filed in California federal court Friday that the company discriminated against her for pregnancy-related leave, giving her unfair reviews and overloading her with work before firing her weeks after she reported bias to the human resources department.
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October 06, 2025
Iron Hill Brewery Chain Hits Ch. 7 After Closing Restaurants
Restaurant chain Iron Hill Brewery filed for Chapter 7 protection in New Jersey court about 10 days after it abruptly closed all of its locations and told employees it would be pursuing bankruptcy.
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October 06, 2025
Justices Deny Cert. In Uber Wrongful Death, Sex Assault Suits
The U.S. Supreme Court Monday denied Uber's petition for review of two Ninth Circuit rulings holding it had a duty of care, one in a wrongful death case brought by a murdered driver's family and the other from a woman who was sexually assaulted by a suspended driver.
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October 06, 2025
Ex-Aldi Employee Accuses Grocery Chain Of Retaliation
Supermarket chain Aldi targeted and wrongfully fired a former risk analyst because of her disability that at times caused her to have anxiety attacks, according to a lawsuit in Illinois federal court.
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October 06, 2025
Puerto Rico Finance Board Members' Removal Paused
A federal district court judge blocked President Donald Trump's removal of three members of the Financial Oversight and Management Board for Puerto Rico who had accused the president of illegally firing them without cause.
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October 06, 2025
High Court Won't Take Up Md. Retirees' Drug Benefits Suit
The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.
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October 06, 2025
NJ Justices Seem Skeptical Wage Law Excludes Immigrants
The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
Ed Dept. Used Worker Emails For Shutdown Politics, Suit Says
The U.S. Department of Education violated its workers' freedom of speech by altering their out-of-office email messages to blame the government shutdown on Democrats, the workers' union claimed in a complaint filed in Washington, D.C., federal court.
Expert Analysis
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What Rule On Nondomiciled Truckers Will Mean For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to foreign-domiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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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.