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Employment
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September 11, 2025
Connecticut City HR Chief Loses Pay Cut Case
A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.
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September 11, 2025
Hyundai, Parts Co. Must Face DOL Child Labor Suit
Hyundai and a manufacturing company cannot avoid a U.S. Department of Labor suit accusing them of violating federal child labor law, an Alabama federal judge ruled while letting a now-defunct staffing company off the hook, saying an injunction against it would be futile.
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September 10, 2025
Class Action Atty Sanctioned For 'Egregious' Bogus Citations
A California federal judge has sanctioned a California class action attorney for filing a motion riddled with "egregious" erroneous citations, finding that the citations "bear the hallmarks" of cases hallucinated by artificial intelligence despite the lawyer's insistence that she'd never even heard of AI until opposing counsel made the accusation.
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September 10, 2025
En Banc 11th Circ. Ruling Hints At Broad Reach For Skrmetti
The Eleventh Circuit invoking a U.S. Supreme Court ruling that backed a Tennessee ban on gender-affirming care for minors to rule against a transgender Georgia sheriff's deputy who challenged her health plan's coverage exclusions invites lower courts to import the justices' rationale into workplace discrimination cases, experts say. Â
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September 10, 2025
NJ Comptroller Targets Firm Linked To Exonerated Mogul
A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.
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September 10, 2025
'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit
An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.
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September 10, 2025
6th Circ. Splits In Racial Bias Suit Over Hearsay Evidence
A divided Sixth Circuit panel upheld an elevator manufacturer's defeat of a former employee's retaliation suit Wednesday, saying a human resources representative's secondhand statement about the reason for the employee's termination was correctly kept out of the case.
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September 10, 2025
State AGs Back Trans Worker In Liberty U.'s 4th Circ. Appeal
A group of 19 states and Washington, D.C., urged the Fourth Circuit to back a trial court's decision to keep a former Liberty University employee's transgender bias case in court, arguing the religious university's interpretation of the First Amendment would decimate anti-discrimination efforts.
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September 10, 2025
Calif. Gig Worker Union Bill Sent To Newsom's Desk
A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds
The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.
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September 10, 2025
Emirates Wants To Land Laid-Off Workers' Class Cert. Bid
A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
4th Circ. Backs Dismissal Of Black VCU Prof's Retaliation Suit
A split Fourth Circuit panel refused Wednesday to revive a Black professor's suit claiming Virginia Commonwealth University pulled her off a supplemental director role because she made race bias complaints, despite a dissent from one judge who said the suit should go to a jury.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Sidelined Athlete Says NCAA Ignores Injunction-Denial Harm
A University of Wisconsin football player on Wednesday pushed back against the NCAA's attempt to thwart his second bid for an injunction that would allow him to play another year, arguing the organization failed to address the harm he would suffer if he remains sidelined.
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September 10, 2025
Prison Term Delayed For Former CEO Who Didn't Pay Taxes
A former software executive slated to start his prison sentence for failing to pay employment taxes was allowed by a North Carolina federal judge Wednesday to push the date back a second time to have medical operations, including one the government described as elective.
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September 10, 2025
DC Circ. Temporarily Reinstates Copyright Head After Firing
The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.
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September 10, 2025
Massachusetts Grocery Chain Ousts CEO In Power Struggle
The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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September 09, 2025
5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit
The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.
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September 09, 2025
7th Circ. Doubts Proof In Chicago Cop's COVID-19 Death Case
A Seventh Circuit panel seemed unconvinced Tuesday that a Chicago police officer's widow has enough evidence to go to trial on claims that he contracted COVID-19 and died days later because his superiors never responded to his work accommodation request.
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September 09, 2025
NFL Insists Ex-Raiders Coach Case Belongs In Arbitration
The NFL and Commissioner Roger Goodell have urged the Nevada Supreme Court to reconsider its decision to keep out of arbitration a lawsuit filed by former Las Vegas Raiders head coach Jon Gruden accusing the league of character assassination, arguing that the current ruling "would have destabilizing consequences" for contract negotiations in a number of industries.
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September 09, 2025
11th Circ. Won't Rehear Bakery's $15.6M Union Pension Row
An Eleventh Circuit panel is standing by its decision to make a wholesale bakery pay up to $15.6 million after withdrawing from a union pension fund, saying Tuesday that it won't rehear the case.
Expert Analysis
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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.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.