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Employment
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June 18, 2025
DOL Noms Vow To Confront Child Labor, Back Davis-Bacon
President Donald Trump's nominees for key U.S. Department of Labor roles told a U.S. Senate panel Wednesday they will go after unlawful child labor and enforce prevailing wages under the Davis-Bacon Act, painting a picture of what the agency could look like as its leadership team rounds out.
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June 18, 2025
5th Circ. Affirms Nix Of Ex-Hospital Workers' COVID Vax Suit
The Fifth Circuit backed a Houston hospital's defeat of a lawsuit alleging that hundreds of employees were unlawfully fired when they refused to get the COVID-19 vaccine, saying the workers couldn't demonstrate that their right to reject the shot had been violated.
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June 18, 2025
Law Firm Inks $21K Deal To End Paralegal's OT Suit
A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.
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June 18, 2025
Nixon Peabody Adds 25-Year Kilpatrick Employment Atty
Nixon Peabody LLP has hired a former Kilpatrick Townsend & Stockton LLP attorney, who has spent some 25 years at his prior firm representing clients on employee benefits compliance and other employee compensation and corporate matters, the firm recently announced.
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.
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June 17, 2025
Block On Job Corps Cuts Extended As Judge Weighs Injunction
A New York federal judge on Tuesday extended a temporary restraining order prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, which contractors and others say is tantamount to shuttering the youth education and vocational training program and will likely result in student homelessness.
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June 17, 2025
6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit
The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."
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June 17, 2025
DC Judge Won't Pause Halt Of State Dept. Union Exec Order
A D.C. federal judge on Tuesday chose not to pause an injunction order blocking the U.S. State Department from carrying out President Donald Trump's executive order gutting collective bargaining rights for federal workers, finding the government failed to prove it would face a high level of harm.
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June 17, 2025
5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit
The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.
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June 17, 2025
Bloomberg Campaign Can't Get Redo Of Ruling In Wage Suit
A New York federal court refused Tuesday to reconsider a decision finding there are still questions over whether field organizers for Michael Bloomberg's 2020 presidential campaign are individually covered under federal wage law, and denied the entity's bid for an immediate appeal in the workers' suit claiming unpaid minimum wage.
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June 17, 2025
8th Circ. Says NLRB Misapplied Standard In Starbucks Case
The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.
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June 17, 2025
Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit
Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.
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June 17, 2025
Health Insurance Co. Owes Workers OT Wages, Suit Claims
Humana Inc. and Humana Government Business Inc. were hit with a proposed class action in Georgia federal court on Tuesday over allegations they failed to pay registered nurse case managers proper overtime wages.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
NFL Coach's Lawyer Faces Scrutiny Over NY Practice Claims
A federal judge on Tuesday chastised a lawyer defending a former NFL coach in his discrimination suit against the league, ordering him to show why he claimed he could practice in the Southern District of New York even though it appears "that is not accurate."
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June 17, 2025
General Motors Says Precedent 'Eviscerates' EEOC Bias Suit
General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
UMB Says It Granted Ex-VP's Request For More Cancer Leave
UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.
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June 17, 2025
Ex-Stone Hilton Employee Adds Sexual Harassment Claim
A onetime executive assistant has expanded a federal lawsuit against her ex-employer Stone Hilton PLLC — founded by former top prosecutors in the Texas attorney general's office — to include a sexual harassment claim after the Texas Workforce Commission found there is reasonable cause.
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June 17, 2025
1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA
A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.
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June 17, 2025
Healthcare Worker's Wage Collective 'Amorphous,' HCA Says
A respiratory therapist's proposed collective is far too expansive and "amorphous" and is based on scant evidence that HCA Healthcare Inc. illegally manipulated workers' time sheets, the company told a North Carolina federal court, urging it to deny certification.
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
Eversheds Hires ERISA Expert From Groom Law In DC
Eversheds Sutherland announced Tuesday that it has hired an employee benefits attorney from Groom Law Firm in Washington, D.C., who has more than 25 years of experience counseling clients on related compliance matters.
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June 17, 2025
Fuel Co. Says Fired CEO's 'Incompetence' Dooms Bias Suit
A Michigan-based petroleum distributor urged a federal judge to toss its ex-CEO's suit claiming she was fired from the family-run business out of gender and disability bias, arguing that her claims fall flat against evidence that she was sacked for years of lackluster profits under her leadership.
Expert Analysis
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.