Employment

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    Smithfield Foods Can't Escape EEOC Age Bias Suit

    Meat processor Smithfield Foods must face a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired a senior sales employee because she was approaching 60, after a Georgia federal judge concluded that a jury should sort out the company's shifting explanations for letting her go.

  • September 30, 2026

    EEOC Sues Staffing Firm Over 'ONLY H1B' Job Notice

    The U.S. Equal Employment Opportunity Commission has sued an information technology recruiting firm over alleged discriminatory practices after the company allegedly broke off contact with an American applicant after he questioned the legality of the recruiting email designated "ONLY H1B."

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Ga. Delivery Co. Wraps Up Former Driver's OT Suit

    An Atlanta-area FedEx delivery contractor and a former worker have resolved a proposed collective action in Georgia federal court that accused the company of paying drivers a flat wage and withholding overtime pay.

  • September 30, 2026

    2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

    The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act shields her whole suit from arbitration — not just her sexual misconduct claims.

  • September 30, 2026

    'Bikini Barista' Owner Asks Judge To Trim $1.8M Award

    The owner of Beehive Espresso, which operates Seattle-area kiosks known as bikini barista coffee stands, asked a state judge to rethink a $1.86 million judgment for baristas, arguing that the court imposed uniform assumptions about unpaid work and employee cash contributions without showing those figures reliably applied across the class.

  • September 30, 2026

    Boeing Worker Drops OT Suit After Arbitration Pact Surfaces

    A Washington state Boeing worker has voluntarily dismissed his proposed class action alleging that the aerospace giant failed to include bonuses and other incentive pay in overtime and sick leave calculations, after the company produced an arbitration agreement that barred him from pursuing class claims in court.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    EB-5 Visa Fees More Than Double For Individual Investors

    U.S. Citizenship and Immigration Services announced increased filing fees Tuesday for the EB-5 Immigrant Investor Program — more than double for individual investors — saying the higher price tag is needed to close a $48.4 million annual funding gap.

  • September 29, 2026

    UC Davis Women Athletes Get Less Financial Aid, Suit Says

    University of California, Davis has been discriminatorily awarding less athletic financial aid to women varsity student-athletes than their male counterparts for at least the last decade, in violation of Title IX, according to a proposed class action filed Tuesday in California federal court. 

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Aviation Co. Gets Pretrial Win In Remote Workers' Layoff Suit

    A Florida federal judge said Tuesday that a proposed class of remote employees did not have to be noticed under the WARN Act, handing an aviation company an early win in a suit by terminated employees who claimed they were abruptly fired in violation of the federal law.

  • September 29, 2026

    Texas Biz Court Pares Southwest Union's Boeing Suit

    A Texas Business Court judge pared back the scope of claims brought by the pilots union for Southwest Airlines against The Boeing Co. after regulators grounded the 737 Max aircraft, saying Monday that the pilots can recover only direct damages, not damages from secondary injuries.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

  • September 29, 2026

    Cleaning Cos. Urge Colo. Judge To Toss EEOC's Bias Suit

    Two commercial cleaning providers accused by the Equal Employment Opportunity Commission of illegally favoring Latin American applicants urged a Colorado federal judge to toss the agency's lawsuit, contending the commission failed to show the companies refused to hire non-Hispanic workers.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

  • September 29, 2026

    DTE Energy Settles Mich. Off-The-Clock Wage Claims

    A settlement resolving claims that DTE Energy Corporate Services LLC failed to properly pay employees for time spent starting and shutting down computer programs before and after their shifts was approved by a Michigan federal judge Tuesday.

  • September 29, 2026

    Ga. Hospital Escapes LGBTQ+ Bias Suit Over Fertility Benefits

    An Atlanta-area hospital and health system defeated a lesbian nurse's lawsuit alleging she wasn't given the same access to fertility benefits as heterosexual employees, with a Georgia federal judge concluding that a magistrate misapplied the U.S. Supreme Court's blockbuster Bostock ruling when he recommended keeping the case in court.

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    Feds Seek To Throw Out States' Challenge To DEI Contract EO

    The Trump administration told a Maryland federal court that it should toss a lawsuit from states challenging its implementation of an executive order targeting diversity, equity and inclusion practices in the government contracting space, arguing the order falls within well-settled law.

  • September 29, 2026

    Greenberg Traurig Adds Employment Atty In West Palm Beach

    Greenberg Traurig has hired a former Carlton Fields attorney in West Palm Beach to help lead the continued growth of the Florida office's labor and employment practice, the firm announced on Tuesday.

  • September 29, 2026

    Full 5th Circ. Asked To Review Limited Partner Tax Ruling

    A Texas-based business consulting firm urged the Fifth Circuit's full bench to review a panel's revised opinion that narrowed a tax break for limited partners, arguing it eliminated a clear test for determining which partnership members are exempt from self-employment tax.

  • September 29, 2026

    10th Circ. Sides With Early Retirees In Union Pension Fight

    The Tenth Circuit on Tuesday backed a group of union retirees who alleged they were wrongly denied early retirement benefits from a multiemployer pension plan after they withdrew from work that was covered by a collective bargaining agreement, reviving one of their claims while rejecting an appeal from the plan's trustees.

  • September 29, 2026

    A's Player Sues Tigers Over Exposed Fence Injury

    A third baseman ​​​​​​for Major League Baseball's Athletics is suing the Detroit Tigers, its parent company and the Detroit-Wayne County Stadium Authority in Michigan state court, claiming they are responsible for an injury he suffered in July after sliding to catch a ball and banging his knee against a metal fence.

Expert Analysis

  • Employers Need To Mitigate Risk From ICE's Quiet I-9 Shift

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    U.S. Immigration and Customs Enforcement’s quiet update to employment verification guidance effectively erased a long-standing good faith safe harbor, and should prompt employers to self-audit existing records, strengthen Form I-9 procedures and develop protocols for quickly responding to inspection notices, say attorneys at Klasko.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Tips For Handling DEI Clampdown In Gov't Contracts

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    A recent executive order and subsequent guidance from the Federal Acquisition Regulatory Council reflect unified opposition to diversity, equity and inclusion in federal contracts, requiring contractors to, among other things, identify which entities are subject to flow-down obligations and prepare for near-term contract action and negotiations, say attorneys at Morgan Lewis.

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Rulings Offer Lessons On Credible Workplace Investigations

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    Three recent rulings illustrate that while internal investigations are a critical tool for managing workplace risk, the process itself must be able to withstand scrutiny, so employers should take steps to ensure that they're conducted with independence, credibility and trust to better defend their case, say attorneys at Krevolin Horst.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • What's At Stake For Employers In Fight Over Visa Pause

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    For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Managing Tort Risk After Justices' War Zone Immunity Ruling

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    The U.S. Supreme Court’s recent decision in Hencely v. Fluor changes the tort landscape for battlefield contractors, whose liability for employee injury will now turn on compliance with battlefield directives — a question that will require discovery into highly sensitive details of combat operations and military decision-making, says Warren Bianchi at Fluet.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

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    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

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