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Employment
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
Former NJ Deputy AG Claims Office Fired Him For His ADHD
A former deputy attorney general who worked on environmental cases for New Jersey accused the state of retaliating against him when he sought accommodations for attention deficit hyperactivity disorder and later terminated him for his disability.
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June 13, 2025
Workers At Immigration Agency Contractor OK For Union Vote
The employees of a Lee's Summit, Missouri, office that helps U.S. Citizenship and Immigration Services process benefit applications can vote on union representation, a National Labor Relations Board official said, rejecting the employer's argument that the union should also include employees of its Overland Park, Kansas, office.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections
A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.
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June 13, 2025
Colo. Appeals Upholds State Board Rules On Teacher Reviews
A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.
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June 13, 2025
NJ Law Firm Accused Of Retaliation Over Maternity Leave
New Jersey law firm Ragan & Ragan PC is facing a discrimination suit filed by its former collections manager in state court, alleging that the firm and its name partner engaged in a "calculated and malicious campaign of retaliation" against her for taking maternity leave.
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June 12, 2025
Trump Admin Parries Fed Talk As Judge Weighs NCUA Firings
A Trump administration attorney studiously deflected questions about the Federal Reserve at a Thursday court hearing on President Donald Trump's firing of two Democratic credit union regulators, leaving the central bank's independence as the elephant in the room.
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June 12, 2025
Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims
An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.
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June 12, 2025
Lawmakers Draw Battle Lines Over Future Of NCAA Oversight
Following the approval of a $2.78 billion settlement giving college athletes access to a groundbreaking revenue sharing system, lawmakers are beginning the delicate process of deciding how to best regulate and manage a new era of college sports.
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June 12, 2025
Arbitration Order Reversed In Fla. Medical Office Battery Case
A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.
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June 12, 2025
6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit
A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.
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June 12, 2025
Fantasy Sports Site Claims Ex-Director Took IP To DraftKings
Fantasy sports platform PrizePicks is suing its former social media director in Washington federal court over his lateral move to DraftKings, accusing him of taking the company's "most closely guarded" marketing trade secrets to the competitor by downloading those documents to his personal ChatGPT account before his departure.
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June 12, 2025
Ga. Financial Biz Lodges Trade Secrets Suit Against Rival
Atlanta Deferred Exchange Inc. has sued Deferred Inc. and a former employee who now works for the rival company, claiming they infringed trademarks and lifted trade secrets to bolster the competing financial advisory and consultancy business.
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June 12, 2025
6th Circ. Probes County's Push To Upend Worker's ADA Win
The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.
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June 12, 2025
Shoe Co. Fails To Pay Overtime, Store Managers Say
A shoe retailer requires store managers to put in work outside of the store handling staffing and operations matters on top of the 40 hours of work they put in each week at the store, a proposed collective action filed in North Carolina federal court said.
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June 12, 2025
DC Judge Skeptical That Politics Sparked FBI Agent's Firing
A D.C. federal judge on Thursday sought to suss out whether the appearance of bias or GOP outcry was to blame for the firing of an FBI agent whose text messages disparaging President Donald Trump became public.
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June 12, 2025
Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval
The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.
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June 12, 2025
Construction Co. Beats Gas Pipeline Explosion Injury Suit
A Texas appeals court said Wednesday that a construction company could escape a negligence suit from a worker injured in a 2018 pipeline explosion, ruling that the man hadn't shown his injuries were a foreseeable result of construction activities.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
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June 12, 2025
Navistar To Pay $450K To End Unpaid OT Suit
Commercial vehicle manufacturer Navistar Inc. will pay $450,000 to resolve a former employee's collective action accusing it of failing to incorporate bonus payments in overtime pay calculations, thus causing workers' wages to fall, a filing in Illinois federal court said.
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June 12, 2025
Harvard Researcher Held By ICE Over Specimens Released
A Harvard Medical School researcher and Russian national who has been detained by U.S. immigration authorities since February, when frog embryo specimens were found in her luggage at Logan Airport, was released from custody Thursday while she awaits trial on a smuggling charge.
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June 12, 2025
Judge Hints Signature Is Evidence Staffer Waived Jury Trial
A New Jersey state court judge appeared skeptical Thursday of a fired Blume Forte Fried Zerres & Molinari staffer's argument that an arbitration agreement she signed as part of the firm's onboarding process is invalid because it was never explained to her, and she has no recollection of signing it.
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June 12, 2025
WWE Accuser's Firm Blames PACER For Late Response
Counsel for the law firm representing a former World Wrestling Entertainment staffer on sex trafficking and abuse claims has objected to a motion for default in a related defamation suit, said he couldn't appear in the case earlier in part because of difficulty accessing the federal judiciary's electronic docket system, but he said he would have asked for more time to respond anyway.
Expert Analysis
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.