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Employment
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October 14, 2025
Justices Won't Rethink Protections For Union's Hotel Protest
The U.S. Supreme Court on Tuesday turned away a hotel group's bid to deny First Amendment and government lobbying protections to certain union protests, rejecting a challenge to a Ninth Circuit ruling that excused a union's fight against a plan to redevelop a California hotel.
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October 14, 2025
Walmart Pay Transparency Suit Returns To Wash. State Court
A Washington federal judge returned a proposed wage transparency class action against Walmart Inc. to state court Tuesday, agreeing with the plaintiff that he didn't claim a concrete enough injury for the suit to proceed in federal court.
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October 14, 2025
Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine
A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.
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October 14, 2025
Knicks, Raptors Agree That Data 'Mole' Case Is Closed
The New York Knicks and Toronto Raptors have agreed to call off their legal dispute of more than two years involving a video assistant the Knicks accused of being a "mole" who took proprietary data with him when he left them for the Raptors.
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October 14, 2025
United Airlines Workers Ask Justices To Revive Vax Battle
United Airlines workers urged the U.S. Supreme Court to hear their push to reinstate a suit over the company's COVID-19 vaccination mandate, arguing the justices should clarify whether federal law safeguards an employee's right to refuse drugs approved during national emergencies.
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October 14, 2025
BP Urges 5th Circ. To Overturn Retirees' Pension Suit Win
BP urged the Fifth Circuit to overturn a Texas court's ruling that found the oil giant liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, arguing the lower court judge erred in certifying a retiree class and handing the class judgment.
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October 14, 2025
Fighter Wins $5.3M Judgment Against Fla. Promoter
A Florida state judge on Tuesday approved a $5.3 million final default judgment against a promoter that allegedly failed to pay former Ultimate Fighting Championship fighter Jorge Masvidal for a 2024 bout in California.
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October 14, 2025
Calif. Panel Keeps State's Win In Uber, Lyft Classification Row
Uber and Lyft cannot bypass administrative proceedings by filing suits challenging the California Division of Occupational Safety and Health's authority to issue them citations and asking a trial court to find their drivers are independent contractors, a state panel ruled Tuesday.
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October 14, 2025
Ex-OneTaste Staffer Fights Firm's Bid To Toss Malpractice Suit
A former OneTaste employee is urging a Pennsylvania federal court to reject Kohn Swift & Graf PC's bid to dismiss her legal malpractice suit alleging that the firm was negligent when it represented her in connection with a federal subpoena related to an investigation of the sexual wellness company, asserting that her claims are valid.
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October 14, 2025
Butcher Says NJ Grocery Store Stiffed Workers On Full Wages
A grocery store in New Jersey paid workers below the state minimum wage, denied them overtime pay and failed to keep accurate records, a former butcher alleged in a proposed class and collective action in federal court.
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October 14, 2025
American Airlines Didn't Pay For Preflight Work, Suit Claims
American Airlines fails to pay its flight attendants for work they performed before and after their flights, resulting in unpaid overtime, a flight attendant claimed in a proposed class action in Pennsylvania state court.
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October 14, 2025
Calif. Gov. Vetoes Regulation Of AI In Employment Decisions
California Gov. Gavin Newsom vetoed a bill that would have required businesses to make sure humans reviewed termination and disciplinary decisions made by artificial intelligence tools, calling the legislation "overly broad."
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October 14, 2025
2nd Circ. Weighs Taking 'Novel' ICE Detainee Labor Appeal
A Second Circuit panel mulled Tuesday if it should consider on an interlocutory basis if the New York Labor Law covers a class of detainees who allege they were underpaid by a for-profit company that manages a Buffalo-area immigration detention facility.
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October 10, 2025
Ex-Temple Worker Can Sue Under ADA, Not As Whistleblower
A New Jersey federal judge ruled Friday that a longtime Fox Chase Cancer Center employee who claims she was ousted by a new supervisor after taking sick leave can add an Americans with Disabilities Act claim to her lawsuit, but not New Jersey or Pennsylvania whistleblower claims.
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October 10, 2025
4th Circ. Denies Shutdown-Based Stay In DOGE Access Case
A Fourth Circuit panel has refused to grant the government more time to respond to several major unions' petition for an en banc rehearing regarding the panel's split August decision granting the Department of Government Efficiency access to personal data that is held by several federal agencies.
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October 10, 2025
Federal Worker Unions Press For Immediate Block Of Layoffs
Unions representing federal workers urged a California federal court Friday to immediately block the Trump administration from laying off workers amid the government shutdown as the administration acknowledged it had begun issuing reduction-in-force notices to thousands of employees.
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October 10, 2025
Wash. Linebacker Seeks To Void NCAA Eligibility Limits
University of Washington linebacker Jacob Manu is suing the NCAA over its rules limiting athletes to four seasons of competitive play, claiming the association is depriving players of the opportunity to maximize their compensation in violation of state and federal antitrust laws.
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
Northwestern Urges Final Toss Of Ex-Coach's Defamation Suit
Northwestern University urged an Illinois state court to permanently toss a former assistant football coach's defamation lawsuit, arguing that the amended complaint, "like the original," is based on "statements that were not about him, were not false, and caused him no harm."
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October 10, 2025
Employment Authority: EEOC Cracks Down On Opioid Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the U.S. Equal Employment Opportunity Commission appears to be cracking down on bias toward workers' opioid prescriptions, what two mixed rulings on captive audience bans mean for the landscape of the labor fight, and how today's U.S. Department of Labor compares to its mission under President Donald Trump's first term.
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October 10, 2025
Wyden Urges Justices To Revive UBS Retaliation Case Again
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
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October 10, 2025
$8B EV Trade Secrets Case Best Left To Israel, 5th Circ. Says
The Fifth Circuit agreed with a district judge Friday that an $8 billion trade secrets case between two electric vehicle companies was better suited to be litigated in Israel, saying the party that wants to keep the dispute stateside had not adequately explained why that would be better.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
Northrop Axed Manager Over Bias Complaints, Court Told
Defense contractor Northrop Grumman fired a supply chain manager for repeatedly complaining that supervisors minimized her contributions and criticized her because she's a woman who took time off to care for her mother, the worker alleged in Florida federal court.
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October 10, 2025
Ex-Emory Worker Says She Was Fired Due To Pregnancy
A former program coordinator for Emory University's Candler School of Theology has sued the university, alleging that a director position she was promised was eliminated, and she was fired after she requested maternity leave.
Expert Analysis
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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Navigating Employee Social Media Use Amid Political Violence
With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Tips For Contesting, Settling Citations With The OSHRC
Excerpt from Practical Guidance
To effectively practice before the Occupational Safety and Health Review Commission, employers should strategically use the notice of contest and thoughtfully evaluate settlement considerations, and recognize that the implications of Occupational Safety and Health Administration citations extend beyond immediate monetary penalties, says John Ho at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.