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Employment
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July 09, 2025
Top Dems Press EEOC On 'Shakedown' Of Major Law Firms
Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.
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July 08, 2025
Gordon Rees Taps Calif. Employment Atty As Next Firm Head
Gordon Rees Scully Mansukhani LLP announced Tuesday that a 20-year veteran employment litigator who has long been involved with firm management has been tapped to become the firm's new managing partner effective next year. Â
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July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit
Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
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July 08, 2025
Americor Need Not Respond To Arbitral Order; Texas Judge
A bid by the Bermudian owner of debt consolidation company Beyond Finance LLC to force a competitor to turn over documents in arbitration over an ex-employee's alleged violation of a noncompete agreement should be denied, a magistrate judge said Monday.
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July 08, 2025
Chicago Nabs Early Win In City Workers' Genetic Bias Suit
The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.
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July 08, 2025
Ex-Parks Worker Claims Viral Elk Video Led To Firing
A former employee of the Evergreen Park and Recreation District claimed in Colorado state court Monday that he was fired and threatened with imprisonment over a viral video of his interaction with an elk.
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July 08, 2025
Judge Halts Plan To Slash AmeriCorps Workforce, Funding
A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.
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July 08, 2025
GOP Senators Unveil Employment Bills Package
Senate Health, Education, Labor and Pensions Committee Chairman Bill Cassidy, R-La., and two other Republican senators jointly introduced a package of bills that would give independent contractors access to retirement and health benefits, and introduce a new independent contractor definition.Â
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July 08, 2025
Docs Sue Colo. Mental Health Co. For Wage Theft, Defamation
Two physicians sued their former employer Monday in Colorado state court, saying the healthcare company incorrectly classified them as independent contractors, didn't pay them on time and later denied wages entirely.
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July 08, 2025
Job Site Monster.com OK'd For Swift Ch. 11 Auctions
A Delaware bankruptcy judge Tuesday signed off on online job search site CareerBuilder + Monster's plans to hold Chapter 11 auctions for its assets next week, approving bid procedures with three separate stalking horses.
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July 08, 2025
4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling
The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.
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July 08, 2025
Pa. Panel Grants Immunity To Nursing Board In Exam Dispute
A Pennsylvania appellate court on Tuesday narrowly rejected a lawsuit filed by an ex-nurse who contends a state board violated her rights by ordering her to undergo a mental health exam, finding instead that the board members are entitled to quasi-judicial immunity.
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July 08, 2025
Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed
Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.
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July 08, 2025
Academic Researchers Defend Publisher Antitrust Claims
Academic researchers are defending a proposed class action in New York federal court accusing six of the largest academic journal publishers of colluding to block compensation for peer review services while suppressing competition for scholarly manuscripts.
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July 08, 2025
Cannabis Co. Escapes Sales Commissions Suit
A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.
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July 08, 2025
HHS Can't Dodge Suit Over Nixed LGBTQ Bias Protections
A New York federal judge declined Tuesday to toss a transgender woman's suit challenging President Donald Trump's decision to roll back anti-discrimination regulations for LGBTQ patients during his first term, rejecting arguments from the government that the case is moot given that a Biden-era rule restored the protections.
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July 08, 2025
3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit
The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.
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July 08, 2025
Weil Executive Comp Atty Rejoins Sullivan & Cromwell
An experienced executive compensation attorney has departed Weil Gotshal & Manges LLP and returned to Sullivan & Cromwell LLP, where she's spent much of her legal career.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Calif. Agency Rolls Out Guidance For Violence Survivor Leave
The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.
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July 08, 2025
Merits Not At Issue For Health Co. Wage Collective, Court Told
A healthcare facility operator is focusing too much on the merits of unpaid wages claims rather than whether it had common policies that detracted from employees' pay, a respiratory therapist told a North Carolina federal court, saying collective status is appropriate.
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July 08, 2025
NY Lawyer Wants Jay-Z's Claims In Suit Against Buzbee Tossed
A New York City lawyer wants a court to dismiss allegations that she took part in a conspiracy with prominent attorney Tony Buzbee to extort Shawn "Jay-Z" Carter via a since-dropped rape case, arguing that the hip-hop mogul's claims against her were brought in an improper forum and that he failed to state a claim.
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July 08, 2025
Calif. Justices Say Elected Officials Lack Whistleblower Shield
California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.
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July 08, 2025
NLRB Defends Multiemployer Talks Ruling At 6th Circ.
The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.
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July 07, 2025
5th Circ. Says Apple Didn't Suppress Union In NYC
The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.
Expert Analysis
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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.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.