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Employment
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October 31, 2025
Healthcare Sector Faces Strain Of H-1B Shakeups
The new $100,000 fee for H-1B visas and a proposed overhaul of the visa lottery could have severe repercussions on healthcare access for many Americans, with experts saying the changes could worsen existing shortages of medical workers by restricting the foreign labor pool.
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October 31, 2025
Ex-Tech Co. VP Claims She Was Fired For Not Joining Church
A female former executive at a clean energy technology company has claimed in Pennsylvania federal court that she was terminated from her job after refusing her boss' alleged attempts to convert her to the Church of Latter Day Saints, and that she was told that women are "better suited staying home."
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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October 31, 2025
Athletes Seeking Employee Status Renew Class Cert. Bid
A group of college athletes, whose fight to be recognized as employees was revived by the Third Circuit last year, is urging a Pennsylvania federal court to certify them as a class, saying they meet the necessary criteria.
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October 31, 2025
5th Circ. Rejects NLRB's New Remedies In Restaurant Case
The Fifth Circuit in a published opinion Friday rejected the National Labor Relations Board's new remedial framework, saying the agency overstepped by ordering a restaurant owner to compensate workers for the foreseeable losses they suffered after their illegal firings.
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October 31, 2025
Judges See An Immigration Court Gutted From Inside
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
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October 31, 2025
Black Law Prof Wants High Court To Review Bias Suit Ruling
A Black University of Michigan Law School professor has asked the U.S. Supreme Court to revive a lawsuit claiming she was disciplined because she had complained about racial discrimination, arguing that a federal appeals panel was too credulous of a dean's version of events.
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October 31, 2025
CFPB Union Sounds Alarm As Funding 'Approaches Zero'
The Consumer Financial Protection Bureau's employee union warned that the agency is on the verge of running out of money and called for its acting Director Russell Vought to immediately request additional funds from the Federal Reserve.
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October 31, 2025
Employment Authority: UAW Workers Near Strike
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on United Auto Workers members at Volkswagen's Tennessee plant getting close to a strike, how healthcare workers are met with skeptical courts in COVID-19 safety mandates cases and a look at the new U.S. Department of Labor's leadership team, which now consists of some officials who previously represented challengers to Democratic-era wage and hour rules.
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October 31, 2025
Drone Co. Says 'Disgruntled' Ex-VP Tried To Torpedo Funding
A manufacturer of emergency response drones is characterizing a state court lawsuit brought by its former vice president of sales that claims he was shortchanged on pay and commissions as the grumblings of a "disgruntled" ex-employee who allegedly tried to sabotage the company.
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October 31, 2025
Steelworkers Back Offshore Wind Project Targeted By Trump
The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.
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October 31, 2025
3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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October 31, 2025
IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.
President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.
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October 31, 2025
Texas Atty Sanctioned For Not Disclosing AI Use
A Texas federal judge has sanctioned a Dallas-area attorney for failing to disclose that he used artificial intelligence to prepare a summary judgment response that included inaccurate information in a wrongful termination case.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
Pregnancy Bias Drove Microsoft Worker's Firing, Suit Says
A former Microsoft employee hit the tech giant with a discrimination suit in California state court, claiming she faced a barrage of micromanagement and criticism from a newly hostile boss when she returned from maternity leave and was terminated after announcing she would be having a second child.
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October 31, 2025
Wage Suit Against Property Management Co. Ends For Good
A building and grounds maintenance worker ended his suit in California federal court accusing a property management company of failing to pay minimum wage and overtime after a deal that settled the remaining individual claims.
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October 30, 2025
Ex-NYU Doc's Disability Bias Verdict Gets Trimmed To $2.55M
A former New York University doctor had nearly $1.5 million cut from a $4 million verdict on claims he was unlawfully denied remote work while recovering from COVID-19 complications, with a federal judge saying evidence didn't support the level of emotional distress or punitive damages that jurors awarded him.
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October 30, 2025
J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win
Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.
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October 30, 2025
Healthcare Nonprofit Hit With Clock-In Pay Suit
A healthcare nonprofit stiffed workers on pay for off-the-clock work, including time spent booting up computers and logging in to software programs, two former employees alleged in a proposed class action filed in Ohio federal court.
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October 30, 2025
Palantir Says Ex-Engineers Stole IP To Build Copycat AI Biz
Palantir Technologies hauled two former employees into New York federal court Thursday, accusing them of absconding with its confidential intellectual property and exploiting its customer relationships to stealthily create a competing copycat artificial intelligence platform.
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October 30, 2025
Car Auction Co. Ends Medical Marijuana User's Bias Suit
Vehicle auctioneer Copart Inc. wrapped up a lawsuit Thursday from a job seeker who said the company violated a Pennsylvania law prohibiting discrimination against medical marijuana users when it yanked an employment offer after he tested positive for cannabis, according to a federal court filing.
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October 30, 2025
Apple Retaliated Against Worker Over Mental Health, Suit Says
Apple brushed off a former employee's mental and emotional health issues caused by the "intolerable workload" he faced and retaliated against him once he indicated he needed to take time off, the worker said in a complaint in California state court.
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October 30, 2025
Nev. Justices Say State Law Isn't Intertwined With FLSA
Nevada wage and hour laws don't incorporate the Fair Labor Standards Act's exceptions addressing whether preshift work is compensable, the Nevada Supreme Court ruled Thursday in a case by a former Amazon fulfillment center associate alleging the e-commerce giant failed to pay workers for time spent in coronavirus screenings.
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October 30, 2025
7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win
The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.
Expert Analysis
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What The New Nondomiciled-Trucker Rule Means For Carriers
A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Minimizing AI Bias Risks Amid New Calif. Workplace Rules
In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.
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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.