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Employment
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May 23, 2025
Employment Authority: Pay Lessons From 'Mad Men'
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with the pay lessons "Mad Men" provided; how a recent Fifth Circuit decision that not accommodating a disabled worker can violate the Americans with Disabilities Act, even if no harm results from that decision, deepens a split among appeals courts; and how a National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members tests the bounds of unions' obligations.
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May 23, 2025
Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule
The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.
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May 23, 2025
Immigrant Registration Is Valid Policy, DHS Tells DC Circ.
The Trump administration told the D.C. Circuit that its rule requiring noncitizens to register with the government or face prosecution doesn't need to undergo the full notice-and-comment rulemaking process, and that immigrant rights' groups suing to stop it lack any concrete harm that would justify their standing.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
Atty, Stepdaughter Face $600K Workers' Comp Fraud Charges
The Orange County District Attorney's Office has charged a California attorney and his stepdaughter with conspiring to defraud a police department she was employed at by filing fraudulent workers' compensation payments.
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May 23, 2025
Service Members' COVID Vax Claims Sent To Military Boards
A Court of Federal Claims judge said an executive order directing the reinstatement of service members discharged over a COVID-19 vaccine mandate warranted sending the claims of 10 people who refused to comply with the mandate to military records boards for consideration.
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May 23, 2025
DC DHS Guards Forced To Work Through Breaks, Court Told
A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.
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May 23, 2025
Ohio Pest Co. Says Ex-Director Is Unfairly Competing
An Ohio-based pest control company took a former regional director of operations to federal court, claiming he formed his own pest control firm in violation of his noncompete agreement and is unfairly cutting in on the company's business.
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May 23, 2025
NJ Panel Revives Ex-Nursing Director's Discrimination Suit
A New Jersey appeals court panel on Friday revived a former Capital Health nursing director's suit alleging the state nurses association discriminated against her for receiving treatment for alcoholism, finding that the trial court could hear her complaint.
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May 23, 2025
Insurer Accused Of Firing Worker Out Of Pregnancy Bias
An insurance company reneged on its promise to provide its benefits adviser with paid maternity leave and then fired her not long after she raised several concerns about unpaid commissions, according to a lawsuit removed to North Carolina federal court.
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May 23, 2025
Cannabis Co.'s Layoffs Were Illegal, NLRB Judge Says
Cannabis company Curaleaf violated federal labor law by laying off store associates at its Illinois facilities without bargaining with their union and must reinstate them, a National Labor Relations Board judge has held.
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May 23, 2025
Pest Co. Seeks To Stamp Out Workers' Tobacco Fee Case
Global pest control company Rentokil urged a Pennsylvania federal court to toss a proposed class action claiming it unlawfully charged tobacco users more for health benefits without providing a reasonable way to avoid the fee, arguing it's not the company's fault the workers refused to quit the habit.
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May 23, 2025
Chief Justice Pauses DOGE's FOIA Discovery For Now
Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."
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May 23, 2025
Mo. Says Starbucks Lacks Grounds To Escape DEI Bias Suit
The state of Missouri urged a federal judge to reject Starbucks' bid to dismiss its suit claiming its diversity policies discriminate based on race and gender, arguing it has put forward enough evidence showing how the company's practices have harmed its citizens to keep the case in court.
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May 23, 2025
DOL Picks New Acting Leaders For Wage Compliance Unit
The U.S. Department of Labor announced Friday a new acting administrator as well as four policy advisers to serve in the agency's division tasked with ensuring employers pay their employees in line with federal minimum wage and overtime laws.
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May 23, 2025
Cooley Hires 'Next-Gen' Boston Labor & Employment Partner
A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.
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May 23, 2025
Amended Ill. Temp Workers Law Survives Staffing Cos.' Row
An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.
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May 23, 2025
Ruby Tuesday Fired Bartender On Medical Leave, Court Told
Ruby Tuesday fired a bartender while she was out on medical leave recovering from a broken hip that she sustained in a car accident and refused to let her return to her former role, she said in a suit filed in North Carolina federal court.
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May 23, 2025
AIG, Insurance Startup Resolve Trade Secrets Feud
American International Group Inc. has settled and permanently dismissed its trade secrets lawsuit brought in New Jersey federal court against an insurance startup that was created by former senior executives at AIG.
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May 23, 2025
Off The Bench: Tennis Officials, NCAA Stay On The Defensive
In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 23, 2025
Insulet Foe Rips $30M Atty Fee Ask As 'Over-Lawyered'
A South Korean medical device maker told a Massachusetts federal judge that rival Insulet's request for $30 million in attorney fees following a $60 million trade secrets judgment should be denied, calling that amount "exorbitant" and saying Insulet "consistently over-lawyered disputes."
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May 23, 2025
Ex-Immigration Judge Fights To Keep Fla. Bias Suit Alive
A former immigration judge has urged a Florida federal court to reject U.S. Attorney General Pam Bondi's bid for an early win against her disability bias claims, arguing she was denied a hardship transfer and reasonable accommodation due to her gender and age.
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May 23, 2025
Takeaways For Benefits Attys After Parity Enforcement Freeze
A recent decision by President Donald Trump’s administration to stop enforcing regulations requiring employer health plans to analyze their coverage of behavioral health conditions compared with physical healthcare coverage has benefits attorneys uncertain about what's coming next. Here, Law360 talks to attorneys about the regulatory about-face.
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May 23, 2025
Wrigley Scion Can't Avoid Fraud Claims, Pot Co. Ex-Execs Say
Former executives of troubled medical marijuana company Parallel said its former CEO, scion to the Wrigley gum fortune, shouldn't be allowed to escape a lawsuit accusing him of lying about share prices to lure executive talent, slamming his motion to dismiss.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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7 Things Employers Should Expect From Trump's OSHA Pick
If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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TikTok Bias Suit Ruling Reflects New Landscape Under EFAA
In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.