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Employment
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May 06, 2025
State Officials Say CFPB Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
Bakery Driver Agrees To Drop Teamsters Benefits Fight
A delivery driver and a Philadelphia Teamsters local will drop their dispute over whether the driver was wrongfully denied early retirement benefits, the parties announced Monday.
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer
Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.
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May 06, 2025
McCarter & English Pushes To End Ex-Atty's Firing Suit
McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.
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May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall
An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
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May 06, 2025
Colo. Trauma Hospital Left Bonuses Out Of OT Math, Suit Says
A Colorado critical care hospital failed to factor bonuses into overtime calculations, resulting in a violation of the Fair Labor Standards Act and unpaid wages, a registration specialist said in a proposed collective action in federal court Tuesday.
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May 06, 2025
Ex-Greenberg Traurig Employment Trio Moves To Reed Smith
Reed Smith LLP announced Tuesday the expansion of its employment law services in Philadelphia with the addition of three attorneys who moved their practices from Greenberg Traurig LLP.
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May 06, 2025
Co. Not Liable For Injuries In Employee Attack, 11th Circ. Says
The Eleventh Circuit ruled Monday that wholesale restaurant supply store McLane Foodservice is not liable for injuries suffered by an employee who was set on fire at work by a former partner because the company could not have foreseen this kind of violent, premeditated act.
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May 06, 2025
Approach The Bench: Judge Robinson On Workplace Conduct
A long-awaited survey of judiciary employees revealed misconduct is rare within the federal judiciary, but U.S. District Judge Julie Robinson says there's still plenty of work to be done.
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May 06, 2025
Buchanan Adds Senate Health Policy Vet To Gov't Practice
Buchanan Ingersoll & Rooney PC has hired the majority staff director of the U.S. Senate's Health, Education, Labor and Pensions Committee who aided Republican lawmakers, including its chair, Sen. Bill Cassidy, in advancing health policy legislation.
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May 06, 2025
High Court Lets Transgender Troop Ban Take Effect
The U.S. Supreme Court on Tuesday lifted a Washington federal judge's nationwide order barring implementation of the Pentagon's ban on transgender military service, allowing the controversial policy to take effect while its constitutionality is challenged.
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May 06, 2025
ND Provides Tax Credit For Employer Child Care Contributions
North Dakota established an income tax credit for employers that help pay for their employees' child care costs under a bill signed by the governor.
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May 06, 2025
Aviation Co. Says Workers' Class Action Too Broad
Former employees' bid to certify a class of more than 200 individuals who were abruptly terminated should be rejected, an aviation company told a Florida federal court, saying none of the proposed members reported to the same site and some of the workers were rehired.
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May 05, 2025
Ex-OneTaste Leaders Face Trial On Forced Labor Charges
After nearly three years of bruising pretrial litigation, jury selection began Monday for OneTaste founder and "orgasmic meditation" advocate Nicole Daedone and her former deputy over allegations that they extracted free labor from followers by fostering an abusive environment at the sexual wellness company.
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May 05, 2025
4th Circ. Seems Split On Fight Over DOGE's Data Access
The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.
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May 05, 2025
High Court Urged To Back HHS Authority On Preventive Care
The federal government urged the U.S. Supreme Court on Monday to overturn a Fifth Circuit ruling that found the U.S. Department of Health and Human Services' secretary lacked authority over a preventive healthcare services task force, arguing the HHS secretary's oversight stemmed from multiple laws and precedent.
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May 05, 2025
Citizens Policy May Cover BIPA Claim, 7th Circ. Says
An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.
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May 05, 2025
Judge Backs Biden-Era Protections For H-2A Farmworkers
A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.
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May 05, 2025
3rd Circ. Revives Ex-NJ College Prof's Gender Bias Suit
The Third Circuit said a jury should review a Ukrainian ex-professor's claim that The College of New Jersey declined to renew her contract out of gender bias, finding concerns with her commitment could have been driven by her pregnancy.
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May 05, 2025
How Law Firms Have Handled The EEOC's Push For DEI Data
Perkins Coie LLP dug in its heels and scored a court order quashing the U.S. Equal Employment Opportunity Commission's inquiry into its diversity, equity and inclusion programs, while seven other firms the EEOC targeted opted to negotiate. Here’s what Law360 knows about what law firms have done in response to the commission’s March request for workplace diversity information.
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May 05, 2025
National Guard Worker Challenges Trump Order On Gender
The National Guard Bureau violated federal civil rights law when it barred transgender employees from using bathrooms and exercise facilities that align with their gender identity, according to a complaint Monday challenging the Trump administration's policy recognizing only two "immutable" sexes.
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May 05, 2025
Wash. Panel Quizzes State In Biologist's Vax Mandate Case
Washington appellate judges hinted on Monday they might revive an ex-state biologist's suit claiming she was wrongfully denied a religious accommodation to keep her position without getting the COVID-19 vaccination, citing factual questions as to whether her job duties were essential and whether she was technically fired.
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May 05, 2025
PTAB Judge Wins $125K For Whistleblowing Retaliation
The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.
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May 05, 2025
Fla. Judge Wants Briefs In ACA Trans Health Fight
A Florida federal judge Monday requested briefing from the U.S. Department of Health and Human Services and the state of Florida on how to handle a suit challenging the Biden administration's regulations clarifying gender identity-based discrimination under the Affordable Care Act.
Expert Analysis
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.