Employment

  • May 01, 2025

    NC Chef Says Restaurant Canned Him For Being Trans

    The former executive sous chef at a resort restaurant in Flat Rock, North Carolina, claims in a lawsuit that he was terminated for having gender dysphoria and for requesting time off under the Family and Medical Leave Act to recover from gender reassignment surgery.

  • May 01, 2025

    Landscaping Co. Must Face Trial In Unpaid OT Suit

    A jury should determine whether landscape workers are owed overtime wages or if they fall under an exemption from the premium pay, a Kansas federal judge ruled while finding the H-2B visa applications their employer filed did not include a promise to pay the extra wages.

  • April 30, 2025

    Susman Godfrey Urges Court To Reject Trump's Dismissal Bid

    Susman Godfrey LLP has pressed a D.C. federal court not to kill the firm's suit challenging President Donald Trump's executive order targeting the firm, arguing that the government's "meritless" dismissal motion "goes to great lengths to distract from the indisputable truth" that the order is "blatantly unconstitutional."

  • April 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.

  • April 30, 2025

    Ex-Levi's Exec Testifies Pregnancy News Blocked Promotion

    A former Levi Strauss executive who claims she was skipped over for a senior marketing director role after announcing her pregnancy told a California federal jury on Wednesday that her boss said the position was given to a colleague because the other woman had more "capacity" to "take on more work."

  • April 30, 2025

    DOJ Urges 11th Circ. To Restore FCA Whistleblower Provision

    The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.

  • April 30, 2025

    SuperValu Fights New Trial Bid In Whistleblower Drug Case

    SuperValu urged an Illinois federal judge Tuesday not to overturn its defense win on whistleblower claims of systematic prescription overbilling, saying the whistleblowers are now making "kitchen sink arguments" with little basis.

  • April 30, 2025

    Atlanta Home Health Service Faces Overtime Class Action

    An Atlanta home healthcare service was hit with a proposed class action Wednesday over allegations it failed to pay certified nursing assistants proper overtime compensation.

  • April 30, 2025

    Ga. Panel Backs Benefits For Worker Over COVID Safety

    The Georgia Court of Appeals has backed a former salesperson in a long-running fight with the state's Department of Labor over its refusal to pay her unemployment benefits when she quit her job over her company's refusal to follow public health protocols during the pandemic.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Local Gov'ts, Union Seek Block Of COVID Grant Cancellations

    Three cities, a county and a public employees' union asked a Washington, D.C., federal judge Wednesday to block the government from rescinding $11 billion in public health grants doled out through pandemic-era laws, saying the grants weren't intended to stop when the pandemic stopped.

  • April 30, 2025

    Full 6th Circ. Won't Weigh In On Stomach Bug Disability Case

    The full Sixth Circuit declined Wednesday to take up the case of a man who claimed he was fired for taking time off to recover from a stomach illness, leaving in place a ruling that the man's ailment was not a disability under federal law.

  • April 30, 2025

    Steakhouse Fired Ga. Worker For Reporting Bias, Suit Says

    The Brazilian steakhouse chain Fogo De Chão has been sued in Georgia federal court by a former employee who said she was fired after complaining about discrimination she and other Black workers experienced at the chain's Dunwoody, Georgia, location.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Fired Whataburger Worker's Bias Case Sent To Arbitration

    A Georgia federal judge said Wednesday a Black and gay ex-Whataburger employee should have to arbitrate his claims that he endured racial and homophobic slurs on the job before being fired, saying he signed a valid agreement to handle employment-related disputes out of court.

  • April 30, 2025

    3rd Circ. Sides With Pa. Transit Agency In Race Bias Suit

    The Third Circuit on Wednesday upheld a Pennsylvania public transportation authority's defeat of a Black employee's lawsuit alleging she was given lower raises than white colleagues and transferred to a different department when she complained, saying she hadn't provided enough evidence to sustain her claims.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 30, 2025

    DC Judge Grapples With FBI Agents' Bid To Block Jan. 6 List

    A D.C. federal judge on Wednesday questioned whether she could bar the U.S. Department of Justice from publicizing a list of FBI agents who worked cases stemming from the Jan. 6, 2021, insurrection at the U.S. Capitol without concrete evidence the department intends to do so.

  • April 30, 2025

    Coal Mining Cos.' $15.2M Wage Deal Needs Revision

    A Kentucky federal judge declined to greenlight a $15.2 million settlement resolving miners' class and collective action against several mining companies over unpaid wages, saying the deal must be revised because the wage and hour landscape has changed over the past few years.

  • April 30, 2025

    Judge Orders Mediation In Riley Pope Data Breach Suit

    A South Carolina federal judge on Tuesday ordered parties in a proposed class action over a 2024 cyberattack impacting the employees of law firm Riley Pope & Laney LLC's clients to conduct mediation ahead of trial — one day after the firm asked the court to toss the case, claiming the plaintiff has not alleged any actual misuse of his personal information.

  • April 30, 2025

    Ex-PETA Worker Says 24/7 On-Call Policy Ducked Wages

    People for the Ethical Treatment of Animals implemented an illegal 24/7 on-call policy that cheated social media employees of wages and overtime, and terminated those who complained about it, a former employee said in a lawsuit in California state court.

  • April 30, 2025

    Wine Tasting Death Suit Revived After Judge Rethinks Order

    The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.

  • April 30, 2025

    Barclay Damon Continues Growth With Morrison Cohen Hire

    Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.

  • April 30, 2025

    Boston Hospital Fends Off Doctor's Whistleblower Claims

    A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.

Expert Analysis

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Tips For Employers Facing Looming Immigration Changes

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    As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

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