Employment

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    EB-5 Visa Fees More Than Double For Individual Investors

    U.S. Citizenship and Immigration Services announced increased filing fees Tuesday for the EB-5 Immigrant Investor Program — more than double for individual investors — saying the higher price tag is needed to close a $48.4 million annual funding gap.

  • September 29, 2026

    UC Davis Women Athletes Get Less Financial Aid, Suit Says

    University of California, Davis has been discriminatorily awarding less athletic financial aid to women varsity student-athletes than their male counterparts for at least the last decade, in violation of Title IX, according to a proposed class action filed Tuesday in California federal court. 

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Aviation Co. Gets Pretrial Win In Remote Workers' Layoff Suit

    A Florida federal judge said Tuesday that a proposed class of remote employees did not have to be noticed under the WARN Act, handing an aviation company an early win in a suit by terminated employees who claimed they were abruptly fired in violation of the federal law.

  • September 29, 2026

    Texas Biz Court Pares Southwest Union's Boeing Suit

    A Texas Business Court judge pared back the scope of claims brought by the pilots union for Southwest Airlines against The Boeing Co. after regulators grounded the 737 Max aircraft, saying Monday that the pilots can recover only direct damages, not damages from secondary injuries.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

  • September 29, 2026

    Cleaning Cos. Urge Colo. Judge To Toss EEOC's Bias Suit

    Two commercial cleaning providers accused by the Equal Employment Opportunity Commission of illegally favoring Latin American applicants urged a Colorado federal judge to toss the agency's lawsuit, contending the commission failed to show the companies refused to hire non-Hispanic workers.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

  • September 29, 2026

    DTE Energy Settles Mich. Off-The-Clock Wage Claims

    A settlement resolving claims that DTE Energy Corporate Services LLC failed to properly pay employees for time spent starting and shutting down computer programs before and after their shifts was approved by a Michigan federal judge Tuesday.

  • September 29, 2026

    Ga. Hospital Escapes LGBTQ+ Bias Suit Over Fertility Benefits

    An Atlanta-area hospital and health system defeated a lesbian nurse's lawsuit alleging she wasn't given the same access to fertility benefits as heterosexual employees, with a Georgia federal judge concluding that a magistrate misapplied the U.S. Supreme Court's blockbuster Bostock ruling when he recommended keeping the case in court.

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    Feds Seek To Throw Out States' Challenge To DEI Contract EO

    The Trump administration told a Maryland federal court that it should toss a lawsuit from states challenging its implementation of an executive order targeting diversity, equity and inclusion practices in the government contracting space, arguing the order falls within well-settled law.

  • September 29, 2026

    Greenberg Traurig Adds Employment Atty In West Palm Beach

    Greenberg Traurig has hired a former Carlton Fields attorney in West Palm Beach to help lead the continued growth of the Florida office's labor and employment practice, the firm announced on Tuesday.

  • September 29, 2026

    Full 5th Circ. Asked To Review Limited Partner Tax Ruling

    A Texas-based business consulting firm urged the Fifth Circuit's full bench to review a panel's revised opinion that narrowed a tax break for limited partners, arguing it eliminated a clear test for determining which partnership members are exempt from self-employment tax.

  • September 29, 2026

    10th Circ. Sides With Early Retirees In Union Pension Fight

    The Tenth Circuit on Tuesday backed a group of union retirees who alleged they were wrongly denied early retirement benefits from a multiemployer pension plan after they withdrew from work that was covered by a collective bargaining agreement, reviving one of their claims while rejecting an appeal from the plan's trustees.

  • September 29, 2026

    A's Player Sues Tigers Over Exposed Fence Injury

    A third baseman ​​​​​​for Major League Baseball's Athletics is suing the Detroit Tigers, its parent company and the Detroit-Wayne County Stadium Authority in Michigan state court, claiming they are responsible for an injury he suffered in July after sliding to catch a ball and banging his knee against a metal fence.

  • September 29, 2026

    UCF Administrators Seek Immunity In Prof's Firing Suit

    Administrators for the University of Central Florida told the Eleventh Circuit on Tuesday that they should be entitled to qualified immunity on retaliation claims brought by a psychology professor after he posted about the death of George Floyd on social media in 2020.

  • September 29, 2026

    Fired Teacher Says AI Tainted Review And Arbitration

    A Massachusetts kindergarten teacher is suing to redo arbitration over her firing, saying the arbitrator who affirmed the school's decision used artificial intelligence to vet her claims that the principal relied on AI to prepare her final, negative performance evaluation.

  • September 29, 2026

    CBP Bars Indonesian Palm Oil With Possible Illicit Labor Ties

    Imported palm oil products from two Indonesian companies will be barred from entering the U.S. because of suspected ties to forced labor, Customs and Border Protection announced Tuesday.

  • September 29, 2026

    Ex-Delta Flight Attendant Says Post-Arrest Firing Unlawful

    Delta Airlines Inc. violated federal law when it fired a flight attendant without conducting a full investigation after a racially charged confrontation at a Marriott hotel in Savannah landed her in jail, according to a lawsuit from the former worker.

  • September 29, 2026

    EEOC Says Firing Painter After Knee Surgery Violated ADA

    A Colorado-based heavy machinery dealer fired an employee after knee surgery rather than letting her return to work with a lifting restriction, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

  • September 29, 2026

    Davis-Bacon Rule Fight Resumes In Texas

    A Texas federal court will rule on dueling bids for early wins between construction groups and the U.S. Department of Labor over a challenge to 2023 Davis-Bacon Act regulations, according to an order lifting a stay in the case.

  • September 28, 2026

    Parler Wasn't Worth Much When CEO Was Fired, Jury Told

    A company valuation expert testified Monday in the trial over Parler's 2021 ouster of its CEO that the company had little value at the time and that insider estimates in the hundreds of millions of dollars were "speculation."

  • September 28, 2026

    Trump Admin Reinstates Former Title IX Regs

    The U.S. Department of Education on Monday said it's formally repealing a vacated Biden-era rule that attempted to expand Title IX discrimination protections to include sexual orientation and gender identity and reinstating a rule the Trump administration enacted in 2020.

Expert Analysis

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

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    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • Illinois Domestic Violence Law Expands Employer Obligations

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    With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

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