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Employment

  • September 16, 2025

    Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told

    Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.

  • September 16, 2025

    Federal Court Reporter Beats Transcript Omission Claim

    A court reporter for an Illinois federal judge Tuesday defeated a lawsuit brought by a pro se plaintiff alleging she failed to transcribe part of a hearing and left out statements that would be damaging to the judge in an underlying employment dispute.

  • September 16, 2025

    7th Circ. Judge Wary Of Pilots' Bid To Amend Vax Bias Claims

    A Seventh Circuit judge on Tuesday pushed counsel for two United Airlines pilots to address how the lower court abused its "very broad" discretion in refusing to allow them to file a third amended complaint accusing the airline of religious discrimination, after they were placed on unpaid leave despite religious exemptions from the airline's COVID-19 vaccination mandate.

  • September 16, 2025

    4th Circ. Asked To Rehear 'Inspire' Dance Team Case

    A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.

  • September 16, 2025

    Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy

    Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.

  • September 16, 2025

    Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

    Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

  • September 16, 2025

    Ill. Hospital Nonprofit Must Face Tobacco Fee Suit

    An Illinois federal judge refused to toss the bulk of a proposed class action from an Illinois hospital worker who claimed a fee on the employee health plans of tobacco users was discriminatory and breached fiduciary duties under benefits law, finding most allegations sufficiently backed up to survive dismissal.

  • September 16, 2025

    Dems Renew Push To Ban Credit Checks In Hiring

    Democratic lawmakers introduced legislation that would bar employers from requiring job applicants to disclose their credit history as part of the hiring process, saying the bill would remove a barrier that disproportionately hurts women and minority workers.

  • September 16, 2025

    Athletes' NCAA Eligibility At Stake In Pavia Case, 6th Circ. Told

    Attorneys for both the NCAA and for Vanderbilt University football player Diego Pavia acknowledged to a Sixth Circuit panel Tuesday that the court fight over his eligibility to play this season would all but certainly become a debate over the future of all NCAA eligibility rules.

  • September 16, 2025

    United Pays Only For Flying Time, Ex-Flight Attendant Says

    United Airlines paid flight attendants only for the time they spent flying, leading to millions of dollars of unpaid wages and overtime, a former flight attendant for the airline said in a proposed class action in New Jersey federal court.

  • September 16, 2025

    Detainees Urge Justices To Ax Early Appeal In GEO Wage Row

    Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.

  • September 16, 2025

    Maritime Recruiter Settles Naval Engineers' No-Poach Claims

    A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.

  • September 16, 2025

    FTC Chair Pledges 'Action' Against Late Merger Fixes

    Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."

  • September 16, 2025

    Wilcox Urges Justices Not To Pick And Choose Firing Fights

    If the U.S. Supreme Court steps in to review the legality of former Federal Trade Commission leader Rebecca Slaughter's firing before the D.C. Circuit does, it should also intervene to consider former National Labor Relations Board member Gwynne Wilcox's firing, Wilcox told the justices.

  • September 16, 2025

    Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit

    A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.

  • September 16, 2025

    ​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

    The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

  • September 16, 2025

    Media Co. Told Employees To Falsify Breaks, Worker Says

    A California media company pressured employees to falsely record breaks and fired those who complained about wage and hour violations or sought a raise, a former production coordinator claimed in a suit filed in state court.

  • September 15, 2025

    FTC Dem Urges Justices Not To Disturb Her Reinstatement

    U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.

  • September 15, 2025

    Tom Goldstein Can't Pay Attys With 'Tainted Funds,' DOJ Says

    Indicted appellate luminary Tom Goldstein cannot cover his legal bills by selling his multimillion-dollar home, because it's a "tainted asset" worth "far less" than his attorney fees, the U.S. Department of Justice said in a blistering court filing, adding that Goldstein may flee the country as his reputation and marriage collapse.

  • September 15, 2025

    Ousted Public Defender's Bias Suit Meets Skeptical Judge

    A Connecticut judge on Monday seemed skeptical of a former chief state public defender's challenge to her ouster, questioning whether the lawyer could support her claim that the Public Defender Services Commission should have called live witnesses to testify during an administrative hearing that led to her termination.

  • September 15, 2025

    Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

    A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

  • September 15, 2025

    NLRB Fights NY Law That Grew State Labor Agency's Power

    The National Labor Relations Board is fighting the state of New York's decision to expand its Public Employment Review Board's powers, accusing the state in a new lawsuit of trying to turn its labor agency into a miniature NLRB while the federal agency lacks a quorum.

  • September 15, 2025

    Appeals Panel Says Wash. Spam Law Covers Recruiter Texts

    A Washington Court of Appeals panel said Monday that the state's commercial email prohibition extends to "text messages sent to further the growth or prosperity of a business," finding logistics company CRST broke the law by sending unsolicited recruitment texts to contractors.

  • September 15, 2025

    DC Circ. Says Fed's Cook Can Keep Job For Now

    A D.C. Circuit panel said Monday that Federal Reserve Gov. Lisa Cook can remain on the central bank's board while challenging President Donald Trump's effort to fire her, clearing the way for her to participate in a key interest-rate policy vote this week.

  • September 15, 2025

    Trans Hog Farm Worker Settles Bias Suit That EEOC Dropped

    An Illinois federal judge officially closed the book on a sexual harassment dispute between a transgender former hog farm worker and the business on Monday, approving a court clerk's judgment acknowledging the parties' settlement following employment regulators' exit from the case.

Expert Analysis

  • 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.

  • Opinion

    Juries Are Key In Protecting The Rule Of Law

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    Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Tips For Managing Social Media And International Travel Risks

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    Employers should familiarize themselves with the legal framework governing border searches and adopt specific risk management practices that address increasing scrutiny of employees’ social media activities by immigration enforcement, say attorneys at Thompson Hine.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

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