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Employment
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Unions Can't Sue Over Canceled Columbia Funds, Judge Says
A New York federal judge on Monday dismissed two unions' challenge to the Trump administration's decision ending $400 million in funding to Columbia University, saying the unions cannot sue over funding that was never theirs.
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June 16, 2025
Ex-Fox News Host, Employee Agree To End Sex Assualt Case
Former Fox News anchor Ed Henry has settled a lawsuit brought by a former producer who accused him of rape and sexual assault, according to a stipulation of dismissal filed in New York federal court on Monday.
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June 16, 2025
Steakhouse Wants Class Unraveled In Tip Credit Suit
A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.
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June 16, 2025
HIV, AIDS Patients Denied Class Cert. In CVS Bias Fight
A California federal judge has refused to certify a proposed class of HIV and AIDS patients alleging CVS Pharmacy Inc. violated federal disability bias protections by making their medication harder to access, finding the proposed group failed to meet the commonality standards under federal law.
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June 16, 2025
ABA Sues Over Trump's 'Law Firm Intimidation Policy'
The American Bar Association sued dozens of federal officials and agencies in D.C. federal court Monday, saying President Donald Trump and his administration have used the executive branch's vast powers "to coerce lawyers and law firms to abandon clients, causes and policy positions" he doesn't like.
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June 16, 2025
Worker Asks 4th Circ. To Rethink Tossed Pregnancy Bias Suit
A former medical center worker who claims she was fired out of pregnancy bias urged the Fourth Circuit to reconsider upholding the dismissal of her suit, arguing the panel ignored evidence that she performed her job successfully when crediting her ex-employer's defense that she was fired for subpar work.
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June 16, 2025
Former DOJ Worker's Disability Bias Suit Trimmed In Texas
A Texas federal judge has cut out several claims, including those alleging a hostile work environment, from a former Department of Justice human resources employee's lawsuit, leaving intact only claims for retaliation and disability discrimination relating to the termination of her employment.
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June 16, 2025
Ga. Judge Won't Revive Attorney's Lien On Former Client
The former attorney of a onetime Georgia county auditor cannot recover attorney fees from her earlier representation of the auditor in a whistleblower suit, a federal judge has ruled, finding she failed to prove she was prevented from fully and fairly litigating her case.
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June 16, 2025
X Workers Say Musk Personally Liable In Severance Spat
Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.
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June 16, 2025
Ex-Employee Accuses NFL's Chiefs Of Racial Bias After Firing
The Kansas City Chiefs' former director of player engagement is accusing the team in Missouri federal court of unjustly firing him and retaliating against him because he is Black, and that other Black employees received disproportionate treatment compared to white workers.
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June 16, 2025
5th Circ. Won't Keep Dish Bias Case Out Of Arbitration
The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.
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June 16, 2025
Town Pushed Out Older, Black Worker Out Of Bias, Suit Says
A North Carolina town forced a Black worker to retire due to his age after refusing to properly staff and fund his wastewater treatment facility with the same resources handed to white managers, he said in a race and age bias suit in federal court.
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June 16, 2025
Delta Denied OT To Worker Juggling 2 Roles, Court Told
Delta Air Lines and a staffing firm failed to pay a worker overtime wages despite expecting her to fulfill the duties of two full-time positions and work more than 40 hours per week, she said in a complaint in Georgia federal court.
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June 16, 2025
High Court Won't Revisit Landmark Religious Freedom Ruling
The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.
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June 13, 2025
7th Circ. Won't Revive RICO Claims Against Blood Test Co.
A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Stewart Releases Flood Of Discretionary Denial Decisions
The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.
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June 13, 2025
DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis
The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.
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June 13, 2025
Trump Can't Pause Reinstating FLRA Chair Pending Appeal
A Washington, D.C., federal judge on Friday rejected the Trump administration's request to pause an order requiring the Democratic chair of the Federal Labor Relations Authority's reinstatement, finding the government's request is belated and that a recent U.S. Supreme Court ruling doesn't necessarily support the stay.
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June 13, 2025
4th Circ. Affirms Toss Of Contractor's ULP Suit Against Union
The Fourth Circuit affirmed the dismissal of a Maryland mechanical contractor's lawsuit against a Sheet Metal Air Rail & Transportation Workers local on Friday, ruling that the union's alleged smear campaign against the company didn't rise to the level of an unfair labor practice under the National Labor Relations Act.
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June 13, 2025
Jefferson Health Hit With Disability Bias Suit By Ex-Director
A longtime Thomas Jefferson University Hospital employee filed a retaliation suit in New Jersey state court Wednesday alleging she was ousted from her job for taking sick time and blowing the whistle about what she considered to be improper vendor relationships and language in a grant application.
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June 13, 2025
Fired CSX Worker Says FMLA Claims Are Timely
A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.
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June 13, 2025
Employment Authority: How Bias Audits Can Quell DEI Fights
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how employers can audit their diversity programs to ensure they don't raise concerns of bias, why unions are backing a California bill requiring self-driving delivery vehicles to have human help and how the rollback of Washington, D.C.'s tip credit saw a recent setback.
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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6 Ways The Dole Act Alters USERRA Employment Protections
The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.
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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.