Employment

February 13, 2025
More CFPB Employees Axed As Union Presses For Injunction

The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.
February 13, 2025
Fed. Unions' New Suit Fights Layoffs, Resignation Incentive

A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.
February 13, 2025
DOD Says Injunction Isn't Needed In Transgender Ban Suit

The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.
February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances

Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal

Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
February 13, 2025
Tax Atty's Firing Not Due To Husband's Testimony, Judge Says

A man failed to prove that his testimony against a Connecticut Department of Revenue Services official during a state legislative hearing cost his high-level tax attorney wife her job, a federal judge has ruled, issuing a win to two agency leaders.
February 13, 2025
Wash. Justices Say Cops At Jan. 6 Riot Can't Stay Incognito

The Washington State Supreme Court on Thursday said four Seattle police officers who attended the Jan. 6 "Stop the Steal" mayhem in D.C. can't litigate their privacy claims under John Doe pseudonyms as the justices rejected their claim that their identities should be shielded under the state's public records law.
February 13, 2025
Dem AGs Urge Companies To Keep DEI Programs In Place

A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.
February 13, 2025
Walmart Says CFPB Suit Should Wait Amid Agency Chaos

Walmart and fintech company Branch Messenger Inc. asked a Minnesota federal judge to stay the Consumer Financial Protection Bureau's enforcement case over allegedly mandatory deposit accounts for delivery drivers until policymakers untangle the agency's role under the Trump administration.
February 13, 2025
Judge Extends Restraining Order On USAID Gutting

A D.C. federal judge extended his temporary restraining order barring USAID from placing thousands of employees on administrative leave for another week on Thursday, saying he needed more time to rule on the plaintiff employees unions' preliminary injunction request to stop the agency's overhaul while the case proceeds.
February 13, 2025
Ore. Cannabis Labor Pact Law Is Unconstitutional, Cos. Say

An Oregon state law requiring businesses to have labor peace agreements with unions in order to obtain a license is preempted by federal labor law and violates the 14th Amendment, two cannabis companies argued as they urged a federal court to block enforcement of the law.
February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
February 13, 2025
Ex-VP's Defamation Suit Against Cardinals Sent To Arbitration

An Arizona federal judge has sent the defamation suit by a former Arizona Cardinals executive to an arbitration process overseen by the NFL, making a previous tentative ruling official after the two sides agreed to call off a scheduled Thursday hearing.
February 13, 2025
Ohio Ordered To Get Rescinded Unemployment From DOL

An Ohio court on Wednesday ordered the state government to "take all action necessary" to get its share of a COVID-19 pandemic unemployment relief program that Gov. Mike DeWine pulled it out of in 2021 and to distribute that money to qualified residents who missed out.
February 13, 2025
DOL Board Revives Mich. Gutter Co.'s H-2B Bid For Helpers

A U.S. Department of Labor appeals board judge partly reversed the denial of a Michigan gutter company's petition to hire five foreign workers for temporary installation help, ruling a certifying officer, or CO, unreasonably rejected payroll info that the company submitted to justify its need.
February 13, 2025
Cruise Co.'s Bid To Force Spa Worker Into Arbitration Fails

A Florida federal judge denied Norwegian Cruise Line's bid to force a masseuse's negligence and unseaworthiness lawsuit into Bahamian arbitration, saying the company isn't a signatory to her underlying employment agreement and that it failed to establish an exception to send the case out of court.
February 13, 2025
Landscape Workers Seek Sanctions Over Lacking Class Lists

U.S. citizens and H-2B landscape workers have called on a Kansas federal judge to sanction a company accused of cheating them out of overtime pay, saying it supplied "woefully incomplete" class lists that were not in compliance with court orders.
February 13, 2025
House Republican Debuts Independent Contractor Status Test

A U.S. House Republican who has vocally opposed Democratic-backed analyses for determining whether a worker is an independent contractor or employee announced two bills related to the issue Thursday, proposing a new worker classification standard in one of the measures.
February 13, 2025
Ga. Plant Boss Accused Of Trying To Bribe Opposing Counsel

The director of a Georgia plastics manufacturing plant has been accused of offering to pay the attorney representing a brother and sister in a federal discrimination lawsuit in exchange for a quick settlement, with the siblings claiming the defendant's "assertions are tantamount to bribery and fraud."
February 13, 2025
Congress' Dems Call For Fired NLRB Member's Reinstatement

President Donald Trump should immediately reinstate the Democratic member of the National Labor Relations Board he fired in January, House and Senate Democrats told the White House on Thursday, saying that leaving the board without a quorum "encourages bad employers to violate the law and trample on workers' rights."
February 13, 2025
Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit

A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.
February 13, 2025
Small But Mighty Busy: 1st Circ. A Hub For Anti-Trump Suits

The Boston-based First Circuit will play an outsize role in litigation challenging the aggressive start to President Donald Trump's second administration, but the liberal stronghold's philosophic divergence with the U.S. Supreme Court may make any victories fleeting.
February 13, 2025
Goldstein Freed As Judge Doubts Feds' Crypto Claims

A Maryland federal magistrate judge on Thursday ordered Tom Goldstein released from jail after expressing skepticism toward federal prosecutors' claims that the SCOTUSblog publisher and U.S. Supreme Court advocate secretly made millions of dollars' worth of cryptocurrency transactions in recent days.
February 13, 2025
6th Circ. Won't Revive Ex-Professor's Promotion Bias Suit

The Sixth Circuit stood by a lower court's ruling against a Black former English professor at Delta College in her promotion bias suit, ruling that she failed to provide meaningful evidence that she was passed over for a promotion because of her race and her pro-unionization sentiments.
February 13, 2025
Ex-DraftKings Engineer Wants Parental Leave Suit Kept In Play

A former DraftKings engineer asked a Massachusetts federal court not to toss his suit accusing the company of firing him the day after he asked to take parental leave, saying he can benefit from a Massachusetts paid leave law despite living in Wisconsin.

Expert Analysis

What To Expect In Higher Ed Enforcement Under Trump

Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
How Trial Attys Can Wield Amended Federal Evidence Rules

Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
How Trump Admin May Approach AI In The Workplace

Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.