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Employment
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April 24, 2025
Pa. Justices To Say If Wage Law Permits Suits Over Late Pay
The Pennsylvania Supreme Court will determine if employees can sue for withheld wages and the liquidated damages state law allows if their employer misses payday but catches up more than a month later, the court announced Wednesday.
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April 24, 2025
7th Circ. Backs Employers In Pension Fund Withdrawal Fight
The Seventh Circuit upheld Thursday a trial court's ruling that two employers aren't required to pay a higher rate calculating how much it would cost to jump ship from a failing pension plan, knocking down arguments from the pension fund that an exception to the rate limit applied.
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April 24, 2025
Administration Defends Right To Fire FTC Commissioners
The Trump administration has responded to a lawsuit challenging the recent firing of two Federal Trade Commission members, telling a D.C. federal court the president was exercising his constitutional authority to remove officials that help carry out his duties.
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April 24, 2025
Jushi Hit With Age Bias Suit By Ex-Pa. Facility Controller
Pot giant Jushi was sued Thursday by a former controller at its Scranton, Pennsylvania, facility who claims a younger, male controller was hired ahead of her being terminated without a performance review.
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April 24, 2025
SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case
SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.
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April 24, 2025
6th Circ. Says Hairstylists Must Arbitrate Pay Claims
Hairstylists must arbitrate their claims that a barbershop chain misclassified them as independent contractors and denied them wages, a Sixth Circuit panel ruled, saying a federal court correctly enforced arbitration after severing its cost-shifting provision.
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April 24, 2025
Trump Asks Justices To Lift Pause On Transgender Troop Ban
The Trump administration urged the U.S. Supreme Court on Thursday to lift a Washington federal judge's order prohibiting enforcement of the Pentagon's ban on transgender military service, arguing that the ruling contradicts two emergency docket orders issued during President Donald Trump's first term.
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April 24, 2025
Honda Fights Class Cert. In Kronos Hack Wages Suit
Honda Development & Manufacturing of America LLC has pushed back on a certification bid from a proposed class seeking unpaid overtime wages in Ohio federal court, arguing in part that the named plaintiff's claims are moot.
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April 24, 2025
Jackson Lewis Adds Associate GC For Chewy In Miami
A former associate general counsel at pet company Chewy returned to her private practice roots as a principal at employment law firm Jackson Lewis PC in Miami.
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April 24, 2025
Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late
A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
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April 24, 2025
Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit
Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.
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April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials
Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
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April 24, 2025
Firm Fights IRS' $33M Boost To Self-Employment Income
The Internal Revenue Service wrongly subjected nearly $33 million of a New York investment firm's income to self-employment taxes by disqualifying the firm's limited partners and taxing their distributions, it alleged in two U.S. Tax Court petitions.
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April 24, 2025
Ex-Jabil Worker's Disability Bias Suit Heads To Trial
Manufacturing giant Jabil can't sink an ex-worker's suit claiming he was fired for requesting part-time work to manage a joint disease, a Pennsylvania federal judge ruled, saying a jury needs to sort out whether the company could have offered him a lighter workload.
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April 24, 2025
Red Sox TV Network Wins Civil Judgment In Fraud Suit
The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 24, 2025
Fox Rothschild Welcomes 29 New Partners
Fox Rothschild LLP has elevated 29 attorneys in 19 cities and 11 practice groups to partner, and promoted four associates to counsel, the firm announced.
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April 23, 2025
Susman Godfrey Seeks Permanent Shut Down Of Trump Order
Susman Godfrey LLP on Wednesday urged a D.C. federal court to permanently block President Donald Trump's executive order revoking the law firm's access to government resources, chiding the order as a clear case of "unconstitutional retaliation" and an obvious bid to "chill protected advocacy."
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April 23, 2025
Trump Order Directs Feds To Disregard Disparate Impact
President Donald Trump signed an executive order Wednesday instructing federal agencies to stop treating disparate impact as a viable theory of liability in discrimination matters, staying in line with his quest to eliminate the philosophy of diversity, equity and inclusion, and echoing policy suggestions floated in the conservative Heritage Foundation's Project 2025.
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April 23, 2025
GAO Won't Rethink Denial Of Army Corps Contract Challenge
The Government Accountability Office has dismissed a Georgia-based construction contractor's request to reconsider its January decision rejecting its challenge to the U.S. Army Corps of Engineers' denial of its building repair contract proposal.
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April 23, 2025
Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told
The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
DC Judges Doubt Feds' Rationale For Orders Against Firms
Two D.C. federal judges on Wednesday expressed skepticism toward the Trump administration's justifications for targeting WilmerHale and Perkins Coie LLP with executive orders, with one judge invoking a comparison to the Red Scare.
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April 23, 2025
Trump, OPM Say Unions Are 'Bystanders' In Schedule F Row
A D.C. federal judge must not disturb President Donald Trump's executive order aimed at making it easier to fire career federal employees, the government argued in a motion to dismiss, saying two unions that brought the challenge lack standing and their allegations are unripe for the court.
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April 23, 2025
Texas Court Skeptical Of 'Death Star' Standing Argument
A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.