Employment

  • September 09, 2026

    Personal Staff Carveout Sinks Black Assistant DA's Bias Suit

    A North Carolina federal judge shut down a Black assistant district attorney's suit claiming her boss underpaid her out of race discrimination, ruling her case can't stay in court because she isn't considered an employee under federal civil rights law.

  • September 08, 2026

    Parler Legal Dustup Revealed Rifts, Jury Hears From Ex-CEO

    Parler's ousted CEO testified Tuesday in his trial against former partner Rebekah Mercer that in 2020, her lawyers' pushback on restructuring provisions recommended by Parler's lawyers was an early clue that "something didn't seem right."

  • September 08, 2026

    11th Circ. Says ACA Trans Care Rule Fight Is Moot

    The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    7th Circ. Backs NLRB In Fire Company's Union Dispute

    The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

  • September 08, 2026

    Fla. College Asks To Pause Suit Over Charlie Kirk Posts

    A college has asked a Florida federal court to pause a former worker's suit over getting fired for posting about the assassination of conservative activist Charlie Kirk on social media, saying the case should be halted while a human resources employee appeals her denial of qualified immunity. 

  • September 08, 2026

    Amazon Nearly Controls Full Delivery Driver Market, Suit Says

    Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

  • September 08, 2026

    Mich. Prison Officer Can Pursue Retaliation, Bias Claims

    A longtime Michigan corrections officer can move forward with retaliation and discrimination claims against the Michigan Department of Corrections and individual prison employees, a federal judge ruled, finding she sufficiently alleged that mistreatment intensified after she filed a federal discrimination charge. 

  • September 08, 2026

    Medical Pot Co. Can't Block NLRB Labor Case, Union Says

    A United Food & Commercial Workers local urged a Utah federal court on Tuesday to toss a medical marijuana dispensary's suit challenging the constitutionality of National Labor Relations Board proceedings lodged against it, claiming the dispensary failed to show it was harmed by the removal protections for agency judges and members.

  • September 08, 2026

    Ex-Worker Says CBRE Fired Him For Raising Fraud Concern

    A longtime CBRE employee claimed in a Georgia federal lawsuit that he was fired and blackballed from the real estate firm after he raised concerns about being required to conceal his competing roles for three different companies.

  • September 08, 2026

    Auto Industry Group Gets DOL Green Light For Health Plan

    The U.S. Department of Labor's employee benefits arm said Tuesday that a group of retailers and repair centers associated with Napa Auto Parts is clear to establish a group health plan for its member employers, concluding the arrangement would be covered by federal benefits law.

  • September 08, 2026

    DOL Issues Mental Health Parity Enforcement Guidance

    The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

  • September 08, 2026

    Ga. Power Line Tree Trimmer Didn't Pay Full OT, Worker Says

    A company that trims trees near power lines did not pay a former employee overtime, the worker has alleged in Georgia federal court, accusing W.A. Kendall & Co. LLC of violating the Fair Labor Standards Act.

  • September 08, 2026

    Contractor Can't Send Arbitration Pact To $162M Wage Class

    A contractor that helps administer a New York state Medicaid program cannot send arbitration agreements to members of a $162 million settlement class in a suit alleging it failed to pay personal assistants accurately or on time, a federal magistrate judge ruled, finding the move could confuse workers about the deal.

  • September 08, 2026

    Consulting Firm Must Face Ex-Director's Disability Bias Suit

    Financial and risk advisory firm Kroll can't escape a former director's lawsuit alleging he was denied a temporary transfer and fired because of his stroke-related mobility issues, with a New York federal judge ruling Tuesday that a jury should determine whether disability bias played a role in his termination.

  • September 08, 2026

    Ex-Facebook Exec Must Arbitrate Memoir Publicity Fight

    A California federal judge ruled Friday that a former Facebook executive waited too long to challenge in court an interim arbitral award that bars her from promoting her "Careless People" whistleblower memoir, finding that she waived her court challenge by "thoroughly" participating in arbitration for over a year before suing.

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

    The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

  • September 08, 2026

    Walmart Illegally Fired Worker For Positive Pot Test, Suit Says

    Walmart illegally fired an employee who tested positive for a nonpsychoactive cannabis metabolite that showed up on his urine drug test, despite lacking evidence that he possessed or used cannabis at the workplace or showed any signs of impairment, alleges a wrongful termination suit removed to California federal court on Friday.

  • September 08, 2026

    Quantitative Trader's Trade Secret Trial Pushed To November

    A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

  • September 08, 2026

    5th Circ. Partially Backs NLRB Ruling In Starbucks Union Fight

    The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

  • September 08, 2026

    Amazon Makes Life Tough For Pregnant Workers, Suit Says

    A quartet of former Amazon warehouse workers lodged a proposed class action in New York federal court Tuesday, accusing the e-commerce giant of slow-walking pregnant women's requests for additional breaks and modified job duties and of firing workers over pregnancy-related absences.

  • September 08, 2026

    Ex-DLA Piper Partner Must Face Claim He Raped Associate

    A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

  • September 08, 2026

    FAA Told Courts Have Spoken On Flight Attendants' Breaks

    The Federal Aviation Administration received pushback on a proposal to preempt state and local meal and rest break requirements for flight attendants, including an International Brotherhood of Teamsters argument that preemption is up to the courts, though Republican attorneys general backed the proposal.

  • September 08, 2026

    Ex-Geico Agents Can't Get More Discovery In Benefits Dispute

    An Ohio federal court has blocked former Geico insurance agents from expanding the scope of discovery in their lawsuit claiming the insurer misclassified them as independent contractors and denied them employee benefits, finding their requests fell outside the boundaries set by an earlier court order.

Expert Analysis

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

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    The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.

  • Job Shift Accommodation Ruling Clarifies 'Essential Function'

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    In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption request shows that the essential function of a job can encompass more than core job requirements and include things like scheduling flexibility, says Kim Kirn at Miles Mediation & Arbitration.

  • How NY Stay-Or-Pay Law Shifts Leverage Dynamics

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    The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.

  • H-1B Registration Tips For New Wage-Weighted Selection

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    Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'

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    Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Opinion

    Deregulation Can Solve Labor Market Woes

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    There is broad agreement that labor law is in need of reform, owing to few unions, slow procedures and weak remedies, and while deregulation will strike many as radical, it has worked for a variety of industries and could make competition a regular feature of the market, says Alexander MacDonald at Littler.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Recent Rulings Show DEI Isn't On Courts' Chopping Block

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    Contrary to recent narratives that workplace diversity, equity and inclusion initiatives are on the verge of legal collapse, courts are applying familiar guardrails for litigating DEI-adjacent cases — requiring the right plaintiff, the right challenge and the right proof — rather than rewriting the rules on DEI, say attorneys at Krevolin Horst.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

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