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Employment
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May 15, 2025
House Bill Aims To Nix FMLA Leave Cap For Married Couples
A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.
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May 14, 2025
NJ Attys Reveal Workplace Probe Tips Amid New Limits
Witness misunderstandings in workplace probes can be avoided by clarifying the terms of the interview and the roles of the participants, lawyers said Wednesday at the New Jersey State Bar Association's annual meeting in Atlantic City.
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May 14, 2025
DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says
The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.
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May 14, 2025
Labor Groups Sue HHS Over Workplace Safety Agency Cuts
Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
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May 14, 2025
5th Circ. Declines To Rehear SEC's Kroger Proxy Decision
The Fifth Circuit on Wednesday declined to rehear conservative shareholders' case against the U.S. Securities and Exchange Commission over a shareholder proposal from Kroger Co.'s 2023 ballot, following a November opinion that rejected the shareholders' challenge.
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May 14, 2025
DC Judge Halts Trump Order Axing State Dept. Union Rights
The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.
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May 14, 2025
7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS
A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.
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May 14, 2025
Hydroponics Giant, Former Exec. Settle Firing Suit
A Michigan entrepreneur who claims a hydroponics giant improperly fired him and withheld at least $800,000 in executive compensation has agreed to a deal that will end his breach of contract lawsuit, with a Colorado federal judge signing off on the permanent dismissal on Wednesday.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
11th Circ. Won't Reopen White DOD Worker's Race Bias Suit
The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.
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May 14, 2025
Judge Rejects DQ Of Smith Gambrell In Defamation Suit
A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.
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May 14, 2025
7th Circ. Judge Skeptical Of Bias In Exxon Worker's Firing
A Seventh Circuit judge on Wednesday questioned what evidence a former employee asking the court to revive her discrimination and retaliation lawsuit against ExxonMobil had to refute the company's assertion that it fired her after she behaved unprofessionally and stormed out of a negative performance review.
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May 14, 2025
Farm Groups Fight Further Delay In H-2A Wage Rule Suit
Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.
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May 14, 2025
Objectors Give Thumbs-Down To Latest Fix In NIL Settlement
The exceptions to the roster limits rule added to the NCAA's $2.78 billion settlement over college athlete compensation for name, image and likeness failed to fix the damage the rule causes for several current and prospective athletes, objectors told a California federal judge in demanding that the latest settlement revision be rejected.
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May 14, 2025
Poultry Workers Seek $138M Atty Fees In Wage-Fixing Case
Workers who reached settlements totaling nearly $400 million over claims that major poultry companies conspired to keep wages low at their plants have urged a Maryland federal court to approve around $138 million in attorney fees and costs, arguing the deal represents the "largest recovery" of its kind for low-wage workers.
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May 14, 2025
D'Oh! Kimberly-Clark Can't Keep Wage Suit In Federal Court
A Pennsylvania federal judge invoked "The Simpsons" as he granted a Kimberly-Clark employee's request to ship his unpaid overtime proposed class action back to state court, saying the paper goods company is trying to "embiggen" the amount in controversy beyond what's feasible.
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May 14, 2025
Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says
A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.
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May 14, 2025
NJ Firm Blume Forte Seeks To Arbitrate Disability Bias Claims
New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC is seeking to force the arbitration of claims from a former staffer regarding her dismissal after being hospitalized for a seizure.
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May 14, 2025
Starbucks, Ex-VP Settle $830K Bonus Repayment Suit
Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.
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May 14, 2025
4th Circ. Blocks Staffing Workers' Class Cert. Appeal
The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.
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May 14, 2025
Fisher Phillips Opens Alabama Office With 6 Attorneys
Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.
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May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle
A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
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May 14, 2025
Payroll Co. Owner Cops To Fraud, Tax Charges
A former payroll company owner pled guilty to embezzling from her clients and failing to pay employee withholdings to the IRS on their behalf.
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May 13, 2025
Judge Opts For 'Remedial Manager' To Reform Rikers Jail
A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.
Expert Analysis
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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.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.