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Employment
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November 20, 2025
10th Circ. Seems Wary Of Trans Students' Bathroom Law Suit
The Tenth Circuit on Thursday appeared hesitant about reviving a challenge by three transgender students and their parents to an Oklahoma law requiring that school bathroom access be based on birth certificate sex markers, with the judges suggesting that several recent U.S. Supreme Court rulings undermine the students' case.
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November 20, 2025
NLRB Seeks To Stop Calif. Agency From Acting When It Can't
The National Labor Relations Board has asked a California federal judge to block a new state law allowing the state's labor board to perform NLRB functions when the federal agency lacks a quorum, saying the NLRB will be irreparably harmed if the law is allowed to take effect in 2026.
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November 20, 2025
Trump Admin Defends Ending Patent, Weather Unions' Rights
The Trump administration has implored a D.C. federal judge to reject an effort by unions representing workers at the U.S. Patent and Trademark Office and the National Weather Service to halt an executive order ending their collective bargaining rights, emphasizing the action is within the president's authority.
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November 20, 2025
States Back Hockey Players In Antitrust Fight Over Contracts
More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.
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November 20, 2025
Bank Says Ex-Compliance Chief's Suit Belongs In Fla., Not NJ
First National Bank of Pasco has urged a New Jersey federal judge to either toss a lawsuit its former chief compliance officer brought alleging he was fired without just cause or transfer it out of the state, arguing that any misconduct in question, if they occurred, were described to have taken place in Florida.
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November 20, 2025
Transgender National Guard Civilian Sues Over Restroom Rule
A transgender woman who works as a civilian employee for the Illinois National Guard lodged a putative class action Thursday in D.C. federal court, challenging the Trump administration's policy prohibiting transgender employees from using restrooms that align with their gender identity.
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November 20, 2025
Deal To End Twitter Ex-Workers' $500M Severance Suit Falters
A tentative deal to end a proposed class action against X Corp. and Elon Musk alleging Twitter Inc. ex-workers are owed some $500 million in severance has hit a stumbling block, with attorneys representing individual ex-employees disputing how to proceed in federal court in dueling briefs.
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November 20, 2025
Ex-Rutgers Coach Claims Bias, Retaliation In Firing Suit
A former Rutgers University head women's gymnastics coach claims in a discrimination and retaliation lawsuit that she was wrongfully terminated after a politically charged investigation that cost more than $700,000 and failed to find any misconduct.
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November 20, 2025
Data Breach Suit Against Circle K Franchisee Wraps Up
A group of ex-workers who sued a franchisee of gas and convenience store chain Circle K over a May 2024 data breach have agreed to end their proposed class action, according to a Georgia federal court filing.
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November 20, 2025
Ye Avoids Sanctions For Violating Depo Order In Bias Suit
A California judge denied a request Thursday from a former employee accusing Ye, formerly known as Kanye West, of discrimination to sanction the rapper for failing to sit for a deposition, but warned his attorney not to take "any comfort" in the order because he will need to reach an agreement soon or face "undesirable outcomes."
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November 20, 2025
Pa. Paper Asks 3rd Circ. To Stay Healthcare Restoration
The Pittsburgh Post-Gazette urged the Third Circuit to pause its obligation to restore workers' union healthcare plan while it challenges a recent ruling that its shift to a company plan violated federal labor law, saying the order threatens to impose costs it can't recover if it wins its challenge.
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November 20, 2025
4th Circ. Revives Vaccine Bias Suit Against Humane Society
The Fourth Circuit on Thursday reopened a lawsuit alleging the Humane Society of the United States fired two remote employees rather than granting their religious requests to skip the COVID-19 vaccine, saying the workers had sufficiently connected their vaccine opposition to their faith.
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November 20, 2025
Legal Marketing Co. Misclassified Call Center Reps, Suit Says
A legal marketing and client support company misclassified call center representatives as independent contractors despite exercising control over their working conditions in a manner typical of employers, a worker claimed in a proposed collective action filed in New Jersey federal court Thursday.
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November 20, 2025
Judge OKs Litigation Costs In Coal Miners' $15.2M Wage Suit
Coal miners who snagged a $15.2 million deal to end their unpaid wage suit against multiple mining companies supported their request for about $309,000 for litigation costs, a Kentucky federal judge said Thursday, signing off on the amount.
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November 20, 2025
FedEx Says Drivers' Argument In OT Suit Is Late
Drivers who worked for FedEx through intermediary entities were late in arguing that they spent enough time on light trucks to make them overtime-eligible, the company argued, pushing a Massachusetts federal court to toss their unpaid overtime suit.
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November 20, 2025
Dell Says Atty's Pregnancy Bias Suit Belongs In Arbitration
A former in-house attorney for Dell can't pursue a lawsuit alleging that the company fired her because she chose to work remotely to accommodate her high-risk pregnancy, the technology company told a Massachusetts federal judge, arguing she is bound by an arbitration agreement.
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November 20, 2025
Unions Look To Strike 'Loyalty Question' From Fed. Job Apps
Federal workers' unions asked a Massachusetts federal judge to block the federal government from asking potential hires how they'd help advance President Donald Trump's policy goals, saying that what they call the loyalty question is part of the administration's attempt to snub nonpartisan civil servants in favor of ideologues.
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November 20, 2025
NJ Panel Expands Scope Of Ex-Reed Smith Atty's Bias Claims
A New Jersey appellate panel on Thursday ruled that a former Reed Smith LLP attorney is entitled to pursue more damages and obtain expanded wage data in her gender discrimination suit against the firm, saying a trial court incorrectly applied certain statutes when it limited the damages and data she could seek.
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November 20, 2025
State Of NIL Play At High Schools
An Ohio state judge's temporary halt of a policy barring name, image and likeness compensation for high school athletes may have the domino effect of wiping out the ban in the handful of states that still have it. Here, Law360 takes a look at the holdout states and the legislative and bylaw changes they are contemplating to lift the ban.
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November 20, 2025
Hospital's Challenge To EEOC Disability Bias Suit Falls Short
A Michigan hospital can't escape a U.S. Equal Employment Opportunity Commission suit claiming it unlawfully refused to transfer a nurse with a metabolic disorder to a less demanding position, with a federal judge saying the hospital hadn't shown the court erred when it sent the case to a jury.
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November 20, 2025
EEOC Warns Employers Not To Favor Workers On H-1B Visas
The U.S. Equal Employment Opportunity Commission issued a document flagging legal risks for businesses that give preferences to foreign workers over Americans, saying job ads including phrases like "H-1B preferred" could violate federal anti-discrimination law.
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November 20, 2025
Ex-Flooring Co. CEO Sues Over $0 Stock Repurchase
The former CEO of a Pennsylvania-based flooring company has filed a lawsuit in the Delaware Chancery Court accusing two acquiring companies of weaponizing a cause termination to justify repurchasing his equity for zero dollars after he pursued an outside career opportunity.
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November 19, 2025
Justices Told Presidential Firing Limits Is An 'Originalist' Idea
A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.
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November 19, 2025
Union Says Longshoreman Can't Support Retaliation Claims
A Miami longshoreman lacks support for a complaint accusing his union of turning against him after he repeatedly reported a co-worker for insubordination, the union told a Florida federal judge, saying the longshoreman's claims of breach of the duty of fair representation and infliction of emotional distress are thin.
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November 19, 2025
TD Bank Accused Of Chinese Discrimination In AML Fallout
Ex-TD Bank employees on Wednesday hit the bank with a proposed class action accusing it of unlawfully targeting and firing its Chinese and Chinese-American workers in an attempt to show compliance with anti-money laundering procedures in the wake of enforcement actions taken by the U.S. government against the bank.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.