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Employment
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September 17, 2025
Defense Co. Says Worker Fired For Harassment, Not Religion
Defense contractor L3Harris fired an engineer for his mistreatment of non-Christian colleagues, not because he is a Christian, the company told a Texas federal court as it urged the toss of the former employee's bias suit.
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September 17, 2025
Nonprofit Loses TM Injunction Bid Against 'Making PA Better'
A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers'Â Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.
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September 17, 2025
Purdue Can Pay CEO Ch. 11 Bonus After Trimming Comp
A New York bankruptcy judge Wednesday approved a nearly $3 million incentive program for Purdue Pharma's chief executive after he agreed to reduce his total compensation by $500,000.
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September 17, 2025
H-2A Truck Drivers' Wage Suit Heads To Arbitration
Four seasonal truck drivers did not cross state lines when they transported agricultural products from fields to a cooling facility, and therefore their wage and hour suit belongs in arbitration, a California federal judge ruled.
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September 17, 2025
Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling
Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.
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September 17, 2025
NCAA Volunteer Coaches Secure $49M Wage-Fix Settlement
A California federal court approved a $49 million settlement between the National Collegiate Athletic Association and 1,000 Division I volunteer baseball coaches that resolves an antitrust dispute stemming from a now repealed bylaw that allegedly prevented the coaches from receiving market value wages.
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September 17, 2025
Kimberly-Clark Settles Black Worker's Bias, Retaliation Suit
Consumer goods company Kimberly-Clark has resolved a suit filed by a Black manufacturing employee who said she was denied a promotion and unfairly disciplined for complaining she was being paid less than colleagues, according to a filing in Alabama federal court.
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September 17, 2025
4th Circ. Won't Revisit $9M Nurse Misclassification Ruling
The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.
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September 16, 2025
Harborview Nurses In Ga. Score Collective Status In OT Suit
A pair of nurses who worked at Harborview Health Systems' facility in Rome, Georgia, brought enough evidence to show they and other similarly situated nurses were subjected to pay practices that shorted them on overtime wages to proceed as a collective action, a New York magistrate judge said Tuesday.
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September 16, 2025
Military Contractor Tells Justices To Nix Army Vet's Injury Suit
Fluor Corp. has urged the U.S. Supreme Court to toss a suit seeking to hold the defense contractor liable for a military veteran's injuries sustained in a 2016 suicide bombing in Afghanistan, saying federal law preempts the state-based injury claims.
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September 16, 2025
DOJ Fights Court Order To Reinstate NCUA Board Members
The Trump administration has told the D.C. Circuit that the president had the right to remove two National Credit Union Administration board members at will, and that a lower court was wrong to reinstate them and read extra job protections into the law.
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September 16, 2025
UC Groups Sue Trump Admin Alleging Free Speech Violations
A coalition of faculty, staff and unions affiliated with the University of California system sued the Trump administration in federal court Tuesday, arguing the suspension of $584 million in research projects along with threats to terminate billions more violates the law and is an attempt to violate their free speech.
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September 16, 2025
White House Fights Seattle's Bid To Block DEI Grant Rules
The Trump administration on Tuesday called on a Washington federal judge to let it proceed with federal grant conditions forcing recipients to drop efforts related to diversity and "gender ideology," contending that Seattle is challenging the terms based on mere speculation that the city may one day be targeted for "hypothetical noncompliance." Â
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September 16, 2025
Wells Fargo Brass Reach Settlement In 'Sham' Hiring Suit
Wells Fargo investors and executives have told a California federal judge they've reached a settlement in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices.
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September 16, 2025
Trump Admin Says Judge Can't Protect Agency Union Pacts
If six federal agencies accept President Donald Trump's invitation to cancel their union contracts, a D.C. federal judge cannot intervene, the Trump administration has argued, claiming that the unions must bring their fight to protect the contracts to a federal labor-management relations agency, not a judge.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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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.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.