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Employment
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May 15, 2025
Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says
Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.
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May 15, 2025
7th Circ. Doubts Officers' Vaccine Reporting Exemption Claim
A Seventh Circuit panel seemed skeptical Thursday that a group of COVID-19 vaccine-exempt police officers in Chicago should be allowed to pursue religious discrimination claims targeting the suspensions and other adverse actions they faced for not reporting their vaccination status in the city's data portal.Â
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Wells Fargo Opposes Atty Fee Bid After $22M ADA Verdict
Wells Fargo said it is "vigorously" contesting an attorney's request for at least $1.4 million in fees after winning a $22.1 million verdict in an Americans with Disabilities Act case against the bank, telling the court the request to double the lodestar amount is unsupported.
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May 15, 2025
Kroger Worker Fights NLRA Preemption Of State Claim
A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.
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May 15, 2025
Colorado Hog Farm Inks Deal In EEOC Sex Harassment Suit
A Colorado hog farm has agreed to pay $330,000 to close a U.S. Equal Employment Opportunity Commission suit claiming it failed to take action when female workers complained that male managers propositioned them for sex and walked in on them changing.
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May 15, 2025
Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit
A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.
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May 15, 2025
9th Circ. Questions University's Limits On Professor's Speech
Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.
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May 15, 2025
Colo. Justices To Weigh Self-Defense In At-Will Firings
The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.
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May 15, 2025
Mass. Town's $102K Deal For Firefighters Gets Final OK
A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.
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May 15, 2025
House Tax Bill's Foreign Rules May Finish Off Energy Perks
House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
Ala. Jury Awards Industrial Worker $640K In Race Bias Case
An Alabama federal jury has awarded $640,000 in damages to a millwright who said he was called a racist slur, demoted and then fired within months of being hired by an industrial services company.
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May 15, 2025
Sills Cummis Adds Employment Pro From Crowell & Moring
Sills Cummis & Gross PC brought on a labor and employment attorney from Crowell & Moring LLP who brings more than two decades of experience to the firm's New York office advising employers on how to navigate disputes and ensure they comply with prevailing wage laws.
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
EEOC Says Maui Hotel Owner's Sex Harassment 'Rampant'
The U.S. Equal Employment Opportunity Commission slapped a Hawaii hotel with a lawsuit Thursday accusing its owner of widespread, long-running sexual harassment that allegedly included sexual advances, inappropriate touching and demands for massages while he was naked. Â
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May 15, 2025
11th Circ. Upholds Fla. Atty's COVID Relief Fraud Conviction
The Eleventh Circuit upheld the 75-month sentence given to a Florida lawyer for a COVID-19 loan fraud scheme, finding that the lower court did not err by admitting a co-conspirator's testimony about a threat the attorney allegedly made.
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May 15, 2025
Flooring Company Miscalculates Overtime, Ex-Manager Says
A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.
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May 15, 2025
House Bill Aims To Nix FMLA Leave Cap For Married Couples
A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.
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May 14, 2025
NJ Attys Reveal Workplace Probe Tips Amid New Limits
Witness misunderstandings in workplace probes can be avoided by clarifying the terms of the interview and the roles of the participants, lawyers said Wednesday at the New Jersey State Bar Association's annual meeting in Atlantic City.
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May 14, 2025
DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says
The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.
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May 14, 2025
Labor Groups Sue HHS Over Workplace Safety Agency Cuts
Unions representing employees in the nursing, education, mining and manufacturing industries on Wednesday sued the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr. in Washington, D.C., federal court over efforts to gut an agency tasked with protecting workers' health and safety.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
Expert Analysis
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.