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Employment
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May 27, 2025
Conn. Firefighters Say Age Bias Taints Retirement Program
Connecticut's municipal employee pension system unlawfully barred a group of firefighters with over two decades of service from participating in a deferred retirement program because they're under 55 years old, the workers and their union claimed in a federal lawsuit.
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May 27, 2025
School Bus Contractor Says OT Violations Weren't Willful
A bus attendant cannot show that a school bus services provider willfully ran afoul of the Fair Labor Standards Act by improperly calculating workers' overtime pay, the company told an Ohio federal court Tuesday, saying her allegations aren't based on any facts.
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May 27, 2025
Split 5th Circ. Tosses NLRB's 12-Year-Old Back Pay Order
A split Fifth Circuit panel has denied the National Labor Relations Board's request to enforce a 2013 back pay order against a Louisiana plumbing company, with the majority saying it's unfair to make a mom-and-pop shop that's recovering from two floods pay out roughly $100,000 over a decade-old matter.
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May 27, 2025
Latest Junior Hockey Players' Abuse Suit Against NHL Tossed
An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.
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May 27, 2025
Hyundai Should Face DOL Child Labor Suit, Judge Says
A federal magistrate judge in Alabama said it's not totally clear that Hyundai, a manufacturing company and a staffing firm stopped employing minors after the U.S. Department of Labor sued them for hiring a 13-year-old, recommending that the companies face the agency's claims.
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May 27, 2025
Ex-Firm Leader Pushes To Remand Whistleblower Suit In Fla.
The former Jacksonville, Florida, office managing partner of Matthiesen Wickert & Lehrer SC is asking a Florida federal court to send back to state court her whistleblower lawsuit alleging she was forced to leave her position because she attempted to stop a paralegal from engaging in the unauthorized practice of law.
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May 27, 2025
ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed
An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.
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May 27, 2025
Judge Lets United, Teamsters Appeal Arb. Order At 9th Circ.
United Airlines and the Teamsters can appeal a lower court order concluding that the Railway Labor Act gives individual airline employees the right to take their grievances to arbitration despite the union's objection, a California federal judge ruled, saying a Ninth Circuit ruling could end the case.
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May 27, 2025
Auto Co. Seeks Judge's Recusal For Pushing Bias Settlement
A Pennsylvania magistrate judge has been improperly pushing an automotive dealership to settle a former manager's suit claiming she faced daily sexual advances and inappropriate comments from her boss, the company said, arguing the judge needs to step aside before an upcoming trial.
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May 27, 2025
Vice Media VP Rejoins Ogletree In NYC
A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.
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May 27, 2025
Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit
A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.
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May 27, 2025
Trump, Ex-Copyright Head Duel Over Her Firing
Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.
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May 27, 2025
NC Inn Skimps On Wages, Ex-Workers Say
An inn in the Blue Ridge Mountains failed to pay innkeepers minimum and overtime wages despite requiring them to work more than 12 hours a day, according to a suit filed in North Carolina federal court.
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May 27, 2025
United Inks Tentative Contract With Flight Attendants Union
A union representing 28,000 United Airlines flight attendants has struck a tentative deal with the airline on a five-year employment contract, hailing the agreement as a "historic" pact that comes with a pay bump and other benefits for its workers.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Disney Accuses YouTube Of Poaching Ex-Distribution Exec
Disney has hauled YouTube and freshly resigned Disney executive Justin Connolly into California state court, accusing YouTube of poaching Connolly, who it said was leading license renewal negotiations with the Google-owned video sharing company.
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May 23, 2025
Group Asks 5th Circ. To Clarify Freight Broker Negligence
Truck safety advocates asked the Fifth Circuit on Friday to preserve state-law personal-injury claims against freight brokers, weighing in on a dispute that alleges Penske Logistics LLC is liable for negligently hiring an unsafe motor carrier that caused a fatal 2018 accident in Texas.
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May 23, 2025
Employment Authority: Pay Lessons From 'Mad Men'
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with the pay lessons "Mad Men" provided; how a recent Fifth Circuit decision that not accommodating a disabled worker can violate the Americans with Disabilities Act, even if no harm results from that decision, deepens a split among appeals courts; and how a National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members tests the bounds of unions' obligations.
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May 23, 2025
Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule
The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.
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May 23, 2025
Immigrant Registration Is Valid Policy, DHS Tells DC Circ.
The Trump administration told the D.C. Circuit that its rule requiring noncitizens to register with the government or face prosecution doesn't need to undergo the full notice-and-comment rulemaking process, and that immigrant rights' groups suing to stop it lack any concrete harm that would justify their standing.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
Atty, Stepdaughter Face $600K Workers' Comp Fraud Charges
The Orange County District Attorney's Office has charged a California attorney and his stepdaughter with conspiring to defraud a police department she was employed at by filing fraudulent workers' compensation payments.
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May 23, 2025
Service Members' COVID Vax Claims Sent To Military Boards
A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Ohio Pest Co. Says Ex-Director Is Unfairly Competing
An Ohio-based pest control company took a former regional director of operations to federal court, claiming he formed his own pest control firm in violation of his noncompete agreement and is unfairly cutting in on the company's business.
Expert Analysis
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Tax-Free Ways To Help Employees After The LA Wildfires
Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.