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Employment
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May 14, 2025
DC Judge Halts Trump Order Axing State Dept. Union Rights
The U.S. State Department can't carry out President Donald Trump's executive order gutting collective bargaining rights for federal workers, a D.C. federal judge ruled Wednesday, finding the American Foreign Service Association is likely to show the directive went beyond the president's powers.
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May 14, 2025
7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS
A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.
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May 14, 2025
Hydroponics Giant, Former Exec. Settle Firing Suit
A Michigan entrepreneur who claims a hydroponics giant improperly fired him and withheld at least $800,000 in executive compensation has agreed to a deal that will end his breach of contract lawsuit, with a Colorado federal judge signing off on the permanent dismissal on Wednesday.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
11th Circ. Won't Reopen White DOD Worker's Race Bias Suit
The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.
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May 14, 2025
Judge Rejects DQ Of Smith Gambrell In Defamation Suit
A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.
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May 14, 2025
7th Circ. Judge Skeptical Of Bias In Exxon Worker's Firing
A Seventh Circuit judge on Wednesday questioned what evidence a former employee asking the court to revive her discrimination and retaliation lawsuit against ExxonMobil had to refute the company's assertion that it fired her after she behaved unprofessionally and stormed out of a negative performance review.
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May 14, 2025
Farm Groups Fight Further Delay In H-2A Wage Rule Suit
Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.
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May 14, 2025
Objectors Give Thumbs-Down To Latest Fix In NIL Settlement
The exceptions to the roster limits rule added to the NCAA's $2.78 billion settlement over college athlete compensation for name, image and likeness failed to fix the damage the rule causes for several current and prospective athletes, objectors told a California federal judge in demanding that the latest settlement revision be rejected.
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May 14, 2025
Poultry Workers Seek $138M Atty Fees In Wage-Fixing Case
Workers who reached settlements totaling nearly $400 million over claims that major poultry companies conspired to keep wages low at their plants have urged a Maryland federal court to approve around $138 million in attorney fees and costs, arguing the deal represents the "largest recovery" of its kind for low-wage workers.
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May 14, 2025
D'Oh! Kimberly-Clark Can't Keep Wage Suit In Federal Court
A Pennsylvania federal judge invoked "The Simpsons" as he granted a Kimberly-Clark employee's request to ship his unpaid overtime proposed class action back to state court, saying the paper goods company is trying to "embiggen" the amount in controversy beyond what's feasible.
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May 14, 2025
Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says
A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.
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May 14, 2025
NJ Firm Blume Forte Seeks To Arbitrate Disability Bias Claims
New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC is seeking to force the arbitration of claims from a former staffer regarding her dismissal after being hospitalized for a seizure.
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May 14, 2025
Starbucks, Ex-VP Settle $830K Bonus Repayment Suit
Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.
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May 14, 2025
4th Circ. Blocks Staffing Workers' Class Cert. Appeal
The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.
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May 14, 2025
Fisher Phillips Opens Alabama Office With 6 Attorneys
Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.
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May 14, 2025
Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle
A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.
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May 14, 2025
Payroll Co. Owner Cops To Fraud, Tax Charges
A former payroll company owner pled guilty to embezzling from her clients and failing to pay employee withholdings to the IRS on their behalf.
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May 13, 2025
Judge Opts For 'Remedial Manager' To Reform Rikers Jail
A Manhattan federal judge on Tuesday stopped short of ordering a receiver to take control of Rikers Island in an effort to clamp down on incidents of excessive force against the jail population, instead opting for a "remediation manager" with more narrow powers to work in collaboration with city officials to reform the notorious jail complex.
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May 13, 2025
Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.
Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.
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May 13, 2025
CFPB Calls Off Suit Over Walmart Driver Deposit Accounts
The Consumer Financial Protection Bureau told a Minnesota federal court Tuesday that it is dropping its enforcement lawsuit that accused Walmart and fintech company Branch Messenger Inc. of forcing delivery drivers to use costly deposit accounts to receive wages, months after the court put the case on hold.
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May 13, 2025
Judge Won't Limit Foreign Aid Freeze Injunction
A D.C. federal judge on Tuesday declined to commit to lifting part of a preliminary injunction requiring President Donald Trump's administration to release funding for foreign aid work done before Feb. 13, saying a recent U.S. Supreme Court decision does not change the analysis of his ruling.
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May 13, 2025
Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration
Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."
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May 13, 2025
Zulily Can't Exit Laid-Off Workers' WARN Act Suit
A Washington federal judge declined Tuesday to throw out a proposed class action accusing online retailer Zulily of failing to provide advance notice of mass layoffs to remote workers in two states, finding the plaintiff workers had adequately alleged violation of the federal layoff warning law.
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May 13, 2025
Judge Trims Ex-Law Student's Bias Suit Against Northwestern
An Illinois federal judge on Tuesday pared down a lawsuit brought by a Palestinian Muslim ex-law student who claims Northwestern University failed to protect her from the publication of false allegations of assault and harassment that cost her a job at DLA Piper, allowing her discrimination claim to move forward but tossing her claim of a hostile education environment.
Expert Analysis
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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How Trump Admin May Approach AI In The Workplace
Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.