Employment

  • September 24, 2025

    Merrill Lynch Accuses Ex-Staff, Schwab, Investor Of IP Theft

    Merrill Lynch has filed a trade secrets lawsuit against a dozen former employees, Charles Schwab and Dynasty Financial Partners, alleging the defendants conspired to start a new independent financial advisory firm with Merrill's staff and confidential information.

  • September 24, 2025

    Trans Youth Care Ban Discriminatory, Mo. High Court Hears

    The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.

  • September 24, 2025

    Athletes Say NCAA's Dismissal Bid Rehashes Old Arguments

    A group of Division I athletes looking to be classified as employees filed a succinct reply chiding the NCAA and several prestigious universities for their "hundreds of pages" of "repetitive, overlapping" arguments that rehash points already made in Pennsylvania federal court.

  • September 24, 2025

    Fisher Philips Expands In Calif. With Employment Litigator

    Labor and employment firm Fisher Phillips is expanding its West Coast team, announcing Wednesday it is bringing in a Gibbs Giden Locher Turner Senet & Wittbrodt LLP litigator as a partner in its Woodland Hills, California, office.

  • September 24, 2025

    Officer Accuses Ga. Department Of Unpaid Wages, Retaliation

    A police department in a Georgia city failed to pay a veteran officer for the time he spent conducting field training, then transferred him to a front desk security guard role after he complained about the missing wages, according to a suit in federal court. 

  • September 24, 2025

    PeopleFacts To Pay $2.4M In Background Check Settlement

    PeopleFacts has agreed to pay $2.4 million to job seekers whose criminal history was shared with employers without a notice required by the Fair Credit Reporting Act, according to a motion filed in Michigan federal court.

  • September 24, 2025

    Ex-Bank Compliance Execs' Whistleblower Suit Tossed

    A New York federal judge has dismissed whistleblower and discrimination claims brought by former Shinhan Bank America compliance executives against the bank, finding that they failed to follow the required administrative steps before filing suit and haven't demonstrated that the bank was aware of their allegedly whistleblower-protected activity, among other things.

  • September 24, 2025

    Mich. Hospital Must Bargain With SEIU Amid 6th Circ. Appeal

    A Michigan hospital must keep bargaining with a Service Employees International Union affiliate while it appeals an injunction that forced it to resume working with the union, a Sixth Circuit panel said, finding the hospital is unlikely to show it acted lawfully when it withdrew recognition in 2023.

  • September 24, 2025

    Judge Preserves H-2A Worker Claims Against NC Farm

    A North Carolina federal judge said the owners of Lee and Sons Farms must face a collective action brought by migrant farmworkers and certified several classes of workers alleging breach of contract and wage law violations.

  • September 24, 2025

    Amtrak Beats Retired Worker's Suit Over Benefits Reversal

    A Rhode Island federal judge dismissed an ex-Amtrak employee's suit claiming the company illegally rolled back medical care reimbursement benefits that the rail service said it mistakenly granted him in retirement, finding he wasn't entitled to the extra credits under the plan's terms.

  • September 23, 2025

    UC Researchers Win Expanded Injunction Against Grant Cuts

    A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.

  • September 23, 2025

    FBI Agent's Firing Didn't Violate 1st Amendment, Court Rules

    A D.C. federal judge granted the U.S. government a summary judgment win Tuesday over a former FBI agent who said he was wrongly fired after his text messages disparaging President Donald Trump became public, agreeing with the agency that avoiding the appearance of bias outweighed other concerns.

  • September 23, 2025

    Jersey City, Mayor Pare Back Fired Aide's Retaliation Suit

    A New Jersey federal judge knocked two whistleblower claims off a lawsuit brought against Jersey City and its mayor, Stephen Fulop, by one of his former aides who alleged he was dismissed for questioning the city's investment in cryptocurrency and for supporting his conservative sister's political campaign.

  • September 23, 2025

    Ex-Discover Financial Exec Can Pursue Equity Clawback Suit

    An Illinois federal judge has rejected a bid to toss a retired Discover Financial Services executive's age and gender discrimination lawsuit, finding she has sufficiently alleged at this point that she faced disparate treatment tied to her sex and that Discover's arguments against her age discrimination claim don't hold weight.

  • September 23, 2025

    Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal

    The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.

  • September 23, 2025

    Amazon Workers Get Cert. In Wage Suit Over New Hire Events

    A California federal judge certified a class of Amazon workers who allege the retail giant failed to pay them for time spent at mandatory new hire events, but she granted the company partial summary judgment on some of the wage allegations against it.

  • September 23, 2025

    DHS Floats H-1B Rule To Prioritize Higher-Paid Workers

    The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.

  • September 23, 2025

    Ex-Provost Says UNC Hired Belichick After Unlawful Meeting

    A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.

  • September 23, 2025

    9th Circ. Won't Revive Religious Bias Suit Over COVID Tests

    A split Ninth Circuit panel backed the dismissal of a religious bias suit Tuesday from a Christian hospital worker who said she was fired for objecting to COVID-19 nasal testing, ruling she hadn't made a connection between her opposition to testing and her faith.

  • September 23, 2025

    Feds, Military Officers Support Contractor In Vet Injury Suit

    The U.S. government and senior military officers urged the U.S. Supreme Court to reject a veteran's attempt to revive state-based injury claims against a defense contractor, warning that doing so would disrupt military effectiveness and intrude into federal authority.

  • September 23, 2025

    9th Circ. Won't Upend Retrial Order In UPS Race Bias Suit

    The Ninth Circuit backed a lower court's decision to order a new trial in a Black former UPS employee's race bias suit, saying Tuesday the district court didn't err when it determined that a $238 million jury verdict was tainted by misconduct from the worker's counsel.

  • September 23, 2025

    1st Circ. Revives Fired Airport Worker's Retaliation Suit

    A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.

  • September 23, 2025

    Meta Foiled Man's Disability Leave, Caregiving Time, Suit Says

    Meta failed to accommodate an employee who had disabilities and didn't allow him time off to take care of his terminally ill father in Tel Aviv, a suit filed in California state court claims.

  • September 23, 2025

    Former NJ Workers' Comp Judge's Firing Suit Trimmed

    New Jersey has been granted partial summary judgment in its defense of a suit from a former workers' compensation judge who alleges that she was unconstitutionally removed from her job, with a state judge tossing her due process claims but letting certain discrimination claims proceed. 

  • September 23, 2025

    NLRB Can't Force Reinstatement Of Truck Workers' Union

    An Illinois federal judge denied the National Labor Relations Board an order that would've made a truck seller resume dealing with a union it rebuked twice, rejecting the board's argument that the company's first, questionably legal withdrawal of recognition caused the loss of faith that underlay the second.

Expert Analysis

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • Wash. Law Highlights Debate Over Unemployment For Strikers

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    A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • Protecting Workers Amid High Court-EEOC Trans Rights Rift

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    In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Lively-Baldoni Saga Highlights Insurance Coverage Gaps

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    The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • Age Bias Ruling Holds Harassment Policy Lessons

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    A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.

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