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

  • Managing Tort Risk After Justices' War Zone Immunity Ruling

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    The U.S. Supreme Court’s recent decision in Hencely v. Fluor changes the tort landscape for battlefield contractors, whose liability for employee injury will now turn on compliance with battlefield directives — a question that will require discovery into highly sensitive details of combat operations and military decision-making, says Warren Bianchi at Fluet.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

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    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

  • What Mass. Ruling Clarifies About Whistleblower Protections

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    A Massachusetts appellate court's recent decision in Galvin v. Roxbury Community College, finding that an employee retained whistleblower protections despite his reporting responsibilities and possible contribution to the compliance failure, requires employers to distinguish between performance-based decisions and their response to protected reporting, say attorneys at Smith Kane.

  • Federal 401(k) Plan Would Create Fiduciary Litigation Risks

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    President Donald Trump recently previewed an initiative to make a public 401(k)-style plan option available to all American workers who lack access to an employer-sponsored retirement plan, raising novel and complex litigation issues that merit careful attention, say attorneys at Willkie.

  • Initial Virginia AG Actions Signal Focus On Multistate Efforts

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    Now that Virginia Attorney General Jay Jones has reached the 100-day mark in office, his first set of actions reveals a clear preference for coalition with regional and national counterparts, which means the primary risk for businesses is no longer just the fact of enforcement, but the speed at which investigations can escalate, says Lauren Cooper at Hogan Lovells.

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • What We Did And Didn't Learn From DOJ's 1st Illegal DEI Deal

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    IBM's recent $17 million deal with the U.S. Department of Justice marks the first resolved False Claims Act enforcement action under the Civil Rights Fraud Initiative, and while it validates the core of the government's FCA antidiscrimination enforcement road map, it leaves its most aggressive theories untested, say attorneys at Nutter.

  • New DEI Clauses Will Reshape FCA Exposure For Contractors

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    As federal agencies mandate new procurement language aimed at curbing contractors' DEI practices and embedding False Claims Act materiality concepts into antidiscrimination obligations, contractors should account for both compliance and litigation risks before signing, and understand the legal constraints that govern FCA materiality, say attorneys at Seyfarth.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • How College Sports EO Raises Stakes, Casts Uncertainty

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    The effectiveness of President Donald Trump's recent executive order urging national action to "save" college sports depends on NCAA implementation and judicial tolerance, neither of which is certain, so college athletics will remain governed by an unstable balance between executive pressure and judicial authority until Congress acts, say attorneys at Manatt.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

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    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • What Employers Should Know About Wash. Noncompete Ban

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    Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

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