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Employment
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August 22, 2025
Employment Authority: Fallout Of 5th Circ. NLRB, SpaceX Row
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the Fifth Circuit's decision finding SpaceX and other employers demonstrated that removal protections for NLRB members likely violate the U.S. Constitution, what experts have to say about the U.S. Equal Employment Opportunity Commission's approach to employers' accommodation obligations and how federal courts have viewed the Second Circuit's 2015 decision about approval for private Fair Labor Standards Act settlements.
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August 22, 2025
Golden Corral Restaurant Workers See Wage Suit Trimmed
A Virginia federal judge handed down a mixed ruling in a suit accusing several Golden Corral franchises and their owner of cheating restaurant employees out of wages, narrowing their claims under federal law and denying their class certification bids.
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August 22, 2025
Tech Co. Strikes $1.6M Deal To End 401(k) Fee Suit
Financial technology company Jack Henry & Associates has agreed to pay $1.6 million to resolve a proposed class action claiming it cost workers millions in retirement savings by failing to rein in expensive management fees and neglecting to dump a risky investment fund, according to a filing in Missouri federal court.
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August 22, 2025
Housing Supervisor Rebuts Ex-Employee's Retaliation Claim
A former supervisor at the public housing authority in Charlotte, North Carolina, facing accusations of retaliation and creating a hostile work environment told jurors Friday that she never singled out a coordinator for punishment or had any inkling of discrimination within the organization that would rise to the level of violating federal housing laws.
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August 22, 2025
Quinnipiac Axed Coach Over Bias Complaints, Suit Says
A former Quinnipiac University women's lacrosse coach was harassed, underpaid and ultimately fired after speaking out about inequities in how the school treated female athletes compared to those in men's programs, according to a lawsuit filed in Connecticut state court.
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August 22, 2025
Trump Admin To Appeal Susman Godfrey Exec Order Ruling
The Trump administration announced Friday its intention to appeal a June ruling that struck down as unconstitutional an executive order targeting Susman Godfrey LLP, after the court said the order was issued in retaliation for its representation of clients and causes the president opposes.
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August 22, 2025
EEOC Seeks To Pry Loose Info In Native American Bias Probe
The U.S. Equal Employment Opportunity Commission said Friday that it asked a New Mexico federal judge to enforce subpoenas seeking testimony from school administrators in a workplace investigation into Native American bias, after the district balked at the probe and called it a "fishing expedition."
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August 22, 2025
Seton Hall Flags 'Dangerous Precedent' In NJ Venue Dispute
Seton Hall University is urging the New Jersey Supreme Court to review a decision moving a whistleblower case from its former president from Essex to Hudson County, saying letting that action stand would set a "dangerous precedent" regarding case transfers.
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August 22, 2025
Marathon Petroleum Cos. Near Final OK On $7M Wage Deal
A California federal judge on Friday said he'd grant final approval to a $7.2 million deal by Marathon Petroleum and two related companies to resolve a 2,200-member class action accusing the oil refiners of shorting unionized workers on rest breaks and pay.
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August 22, 2025
Jay-Z Aims To Keep Buzbee Suit Alive After Losing Other Case
Texas attorney Tony Buzbee's request to shut down a federal lawsuit in Alabama based on a state trial court's dismissal of a different action in California related to sexual abuse allegations connected to Sean "Diddy" Combs is a "desperate attempt to evade accountability," rapper Shawn "Jay-Z" Carter has argued.
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August 22, 2025
Shopify, Sales Workers End Commission, OT Suit
A California federal judge agreed to conclude a suit accusing e-commerce company Shopify of a slew of California Labor Code violations, including misclassifying sales employees as overtime-exempt and having an illegal commissions plan.
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August 22, 2025
Ex-Calif. Judge Accused Of Sexually Assaulting Court Staffer
A former California Superior Court judge has been charged with sexually assaulting a court employee and seeking to cover up that purported incident and another alleged assault, the U.S. Department of Justice announced Friday.
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August 22, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.
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August 22, 2025
Saladworks Operator Reaches Settlement In Workers' OT Suit
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks reached a settlement with a former employee to end a proposed class action accusing it of misclassifying assistant managers as overtime-exempt, according to a signed order issued in federal court.
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August 22, 2025
9th Circ. Tosses Wash. City's Win In Military Leave Suit
A Ninth Circuit panel threw out a Washington federal judge's ruling that a City of Ocean Shores firefighter was not entitled to pay for military leave after the state's top court decided otherwise.
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August 21, 2025
Pa. Court Revives Fired County Worker's Whistleblower Claim
A Pennsylvania appeals court on Thursday sent back a dispute to a lower court over a fired county employee's whistleblower allegation tied to her reporting that a union representative secretly taped meetings, determining the union official acted as a county employee when she made the recordings.
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August 21, 2025
Challenge To Fed. Layoffs A 'Fishing Expedition,' 9th Circ. Told
A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations. Â
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August 21, 2025
6th Circ. Reinstates Fired USPS Worker's Medical Leave Suit
The Sixth Circuit on Thursday told a lower court to reassess a fired USPS employee's medical leave suit alleging the agency illegally faulted him for sickle cell anemia-related absences, saying the trial judge erred by using a doctor's estimate to cap his time off.
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August 21, 2025
Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe
Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald.Â
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August 21, 2025
DC Circ. Lets Trump's NCUA Board Purge Stand Amid Appeal
A D.C. Circuit panel said Thursday that the Trump administration can continue blocking two ousted National Credit Union Administration leaders from returning to the agency's board while it appeals a lower-court ruling reinstating them.
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August 21, 2025
Pro-Israel Group Seeks Sanctions Against Fired Emory Prof
A pro-Israel foundation has demanded a Georgia federal court sanction a Palestinian-American former Emory University professor who said the foundation was complicit in her ouster from the school, arguing the professor and her attorney have baselessly blamed "an imaginary Jewish conspiracy" for her firing.
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August 21, 2025
UC Grant Cuts Over DEI Likely Stifle Speech, 9th Circ. Says
The Ninth Circuit on Thursday refused to pause a preliminary injunction requiring three federal agencies to reinstate research grants terminated following two of President Donald Trump's executive orders seeking to eliminate diversity, equity and inclusion, saying the terminations likely aimed to suppress speech favorable of DEI and environmental justice.
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August 21, 2025
American Airlines Knocks Out Class Cert. In Military Leave Suit
A Pennsylvania federal judge has granted American Airlines' bid to revoke class certification in a suit alleging the airline unlawfully denied pilots pay and profit-sharing credit for time spent on military leave, agreeing the case raises too many individual questions.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining ÃÛÌÒÊÓÆµ's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the ÃÛÌÒÊÓÆµ in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.