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Employment
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June 18, 2025
Law Firm Inks $21K Deal To End Paralegal's OT Suit
A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.
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June 18, 2025
Nixon Peabody Adds 25-Year Kilpatrick Employment Atty
Nixon Peabody LLP has hired a former Kilpatrick Townsend & Stockton LLP attorney, who has spent some 25 years at his prior firm representing clients on employee benefits compliance and other employee compensation and corporate matters, the firm recently announced.
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.
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June 17, 2025
Block On Job Corps Cuts Extended As Judge Weighs Injunction
A New York federal judge on Tuesday extended a temporary restraining order prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, which contractors and others say is tantamount to shuttering the youth education and vocational training program and will likely result in student homelessness.
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June 17, 2025
6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit
The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."
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June 17, 2025
DC Judge Won't Pause Halt Of State Dept. Union Exec Order
A D.C. federal judge on Tuesday chose not to pause an injunction order blocking the U.S. State Department from carrying out President Donald Trump's executive order gutting collective bargaining rights for federal workers, finding the government failed to prove it would face a high level of harm.
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June 17, 2025
5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit
The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.
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June 17, 2025
Bloomberg Campaign Can't Get Redo Of Ruling In Wage Suit
A New York federal court refused Tuesday to reconsider a decision finding there are still questions over whether field organizers for Michael Bloomberg's 2020 presidential campaign are individually covered under federal wage law, and denied the entity's bid for an immediate appeal in the workers' suit claiming unpaid minimum wage.
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June 17, 2025
8th Circ. Says NLRB Misapplied Standard In Starbucks Case
The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.
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June 17, 2025
Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit
Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.
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June 17, 2025
Health Insurance Co. Owes Workers OT Wages, Suit Claims
Humana Inc. and Humana Government Business Inc. were hit with a proposed class action in Georgia federal court on Tuesday over allegations they failed to pay registered nurse case managers proper overtime wages.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
NFL Coach's Lawyer Faces Scrutiny Over NY Practice Claims
A federal judge on Tuesday chastised a lawyer defending a former NFL coach in his discrimination suit against the league, ordering him to show why he claimed he could practice in the Southern District of New York even though it appears "that is not accurate."
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June 17, 2025
General Motors Says Precedent 'Eviscerates' EEOC Bias Suit
General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
UMB Says It Granted Ex-VP's Request For More Cancer Leave
UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.
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June 17, 2025
Ex-Stone Hilton Employee Adds Sexual Harassment Claim
A onetime executive assistant has expanded a federal lawsuit against her ex-employer Stone Hilton PLLC — founded by former top prosecutors in the Texas attorney general's office — to include a sexual harassment claim after the Texas Workforce Commission found there is reasonable cause.
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June 17, 2025
1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA
A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.
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June 17, 2025
Healthcare Worker's Wage Collective 'Amorphous,' HCA Says
A respiratory therapist's proposed collective is far too expansive and "amorphous" and is based on scant evidence that HCA Healthcare Inc. illegally manipulated workers' time sheets, the company told a North Carolina federal court, urging it to deny certification.Â
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June 17, 2025
Nationwide Mutual Unit Didn't Pay For Time Spent Booting Up
Nationwide Life and Annuity Insurance failed to pay remote workers for the time they spent booting up and logging into their computers before their scheduled shifts, a proposed class action in California state court claims.
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June 17, 2025
Eversheds Hires ERISA Expert From Groom Law In DC
Eversheds Sutherland announced Tuesday that it has hired an employee benefits attorney from Groom Law Firm in Washington, D.C., who has more than 25 years of experience counseling clients on related compliance matters.
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June 17, 2025
Fuel Co. Says Fired CEO's 'Incompetence' Dooms Bias Suit
A Michigan-based petroleum distributor urged a federal judge to toss its ex-CEO's suit claiming she was fired from the family-run business out of gender and disability bias, arguing that her claims fall flat against evidence that she was sacked for years of lackluster profits under her leadership.
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June 17, 2025
2nd Circ. Seems Inclined To Uphold FedEx Race Bias Win
A Black fired FedEx driver may not have laid out sufficient evidence to get his race discrimination and retaliation suit revived, a Second Circuit panel indicated Tuesday, with one judge saying she wasn't sure how the facts he had presented would be enough for an initial case.
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June 17, 2025
PepsiCo Makes Workers Undercount Hours, PAGA Suit Says
PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.
Expert Analysis
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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.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.