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Employment
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September 29, 2025
NLRB Judge Rejects Waiver Defense In Health Cost Row
A National Labor Relations Board judge on Monday said a Kentucky energy nonprofit violated federal labor law by hiking workers' healthcare costs without negotiating, rejecting the employer's argument that the workers waived their right to bargain.
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September 29, 2025
FOP Chief Sues NC City After Critical Posts Got Him Docked
A veteran police officer in North Carolina who is head of his local Fraternal Order of Police chapter said he was placed on unpaid leave and transferred to patrol duty in retaliation for posts on an FOP Facebook page criticizing the department and its spokesperson after a deadly shooting.
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September 29, 2025
Firefighter Fired After Race Bias, Wage Complaints, Suit Says
A Black former New York City firefighter told a Manhattan federal court he was fired weeks after filing grievances about racial discrimination and wage theft, saying he was routinely required to work off the clock and worked hundreds of hours without compensation.
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September 29, 2025
3rd Circ. Denies Pilots' Bid To Revive Military Leave Class
The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.
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September 29, 2025
Mass. Appellate Court Revives Hospital Worker's Vaccine Suit
A former surgical technician at UMass Memorial HealthAlliance-Clinton Hospital who was fired after her request for a religious exemption from a mandatory coronavirus vaccination policy was deemed to be based on "demonstrably false" information will get another chance to prove her discrimination claim, Massachusetts' intermediate-level appeals court ruled Monday.
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September 29, 2025
Ga. HVAC Co. Hit With Wage Theft Collective Action
A west Georgia heating and air company was hit with a proposed collective action Friday from a former worker who said the company violated federal labor laws by docking the pay of its service and installation technicians and refusing to compensate them for their travel time between jobsites.
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September 29, 2025
Seyfarth Beats DQ Bid In Amazon COVID Screening Case
A Colorado federal judge Monday denied Amazon warehouse workers' bid to disqualify Seyfarth Shaw LLP from representing the e-commerce giant in a proposed wage class action, rejecting arguments that Amazon wrongly represented former managers who may be class members since the firm immediately withdrew from that representation once informed of the possible conflict.
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September 29, 2025
Penn Law Professor Takes Bias Suit Loss To 3rd Circ.
Suspended University of Pennsylvania law professor Amy Wax is appealing the dismissal of her federal discrimination lawsuit accusing the school of disciplining her based on her race.
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September 29, 2025
Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions
Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."
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September 29, 2025
NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule
A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.
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September 29, 2025
BigLaw Partners Group Backs ABA In Trump Intimidation Suit
A coalition of more than 850 BigLaw partners is supporting the American Bar Association in its D.C. federal lawsuit against the Trump administration over its allegedly unconstitutional campaign of intimidation against law firms, saying executive orders targeting firms threaten the legal profession and the rule of law.
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September 29, 2025
Va. Immigration Firm Accuses Ex-CFO Of Diverting Funds
A Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels.
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September 29, 2025
Black Atty Sues Ga. Firm Alleging Race, Disability Bias
The Chartwell Law Offices LLP has been sued in Georgia federal court by a Black attorney who alleged she faced "systematic discrimination, harassment and retaliation" and was ultimately fired from the firm due to her race and disability.
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September 26, 2025
NY Judge Grills CA Atty Over Botched Pro Hac Vice Filings
The Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now.
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September 26, 2025
Construction Co. Urges Court To Ax Labor Deal Requirements
A construction company called on the U.S. Court of Federal Claims to order the Army Corps of Engineers to eliminate requirements that companies negotiate labor prices and work terms with a labor union to be eligible for a construction contract.
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September 26, 2025
Conn. Psych Facility Faces Class Claims Over Data Breach
A residential psychiatric treatment facility in Connecticut fell victim to a cyberattack that exposed the personal information of more than 5,000 current and former patients and employees, according to a putative class action that alleges The Children's Center of Hamden Inc. was negligent with its data security.
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September 26, 2025
Employment Authority: Female Workers Quit Without WFH
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at government data showing how employers' back-to-work push led to a dip in female workers' ranks, three wage and hour tips for employers to follow if they want to implement a uniform or dress code policy and a preview on a case in the D.C. Circuit that is set to consider the National Labor Relations Board's Cemex test.Â
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September 26, 2025
Court Agrees To Venue Transfer In Worker Death Suit
A Pennsylvania appeals court has agreed with a Philadelphia County trial court that a suit against Hanover Foods Corp. over the death of a worker who fell into a bean hopper properly belongs in York County.
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September 26, 2025
Pa. Cannabis Patient Says Job Offer Withdrawn Over Drug Test
A medical marijuana patient is suing vehicle auctioneer Copart Inc. in a federal lawsuit claiming that it violated Pennsylvania state law by rescinding a job offer after a pre-employment drug test, despite him telling the company of his cannabis card.
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September 26, 2025
Metal Singer Wants Ex-Bassist's 'Break-Up Case' Trimmed
The vocalist for the Grammy-nominated metal band Hatebreed and the group's business arm have asked a Connecticut state court to strike several claims that the band's founding bassist filed after his sudden termination, including breach of contract and negligent infliction of emotional distress, arguing that they are not adequately supported by facts.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Philly PD Fights Cops' OT Class Certification Bid
The city of Philadelphia and several officials said that they followed the collective bargaining agreement to compensate ranking officers, telling a federal court that a proposed class in an overtime suit would require individualized inquiries that clash with certification.
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September 26, 2025
Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law
Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.
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September 26, 2025
Wells Fargo Nears Deal With Investors In 'Sham' Hiring Suit
Wells Fargo and investors who said they lost money after allegations surfaced that the bank conducted fake interviews to show it met diversity goals have told a California federal court they've reached a settlement in principle, less than two weeks after the company announced a deal in a derivative lawsuit over similar claims.
Expert Analysis
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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DOJ's New Initiative Puts Title IX Compliance In Spotlight
Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.
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Evaluating The SEC's Rising Whistleblower Denial Rate
The rising trend of U.S. Securities and Exchange Commission whistleblower award claim denials represents a departure from the SEC's previous track record and may reflect a more conservative approach to whistleblower award determinations under the current administration, say attorneys at Troutman Pepper.
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7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Trump NLRB Picks May Usher In Employer-Friendly Precedent
If President Donald Trump's National Labor Relations Board nominees are confirmed, the board would regain a quorum with a Republican majority and would likely reverse several union-friendly decisions, but each nominee will bring a unique perspective as to how the board should operate, say attorneys at BakerHostetler.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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DOJ Memo Shifts Interpretation Of Discrimination Laws
While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.