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Employment
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March 31, 2025
Workplace Misconduct Infrequent In Fed. Courts, Survey Says
The vast majority of federal judiciary employees say they have not experienced discrimination, harassment or abuse at work, but many of those workers are still reluctant to report misconduct when they do experience it, according to a report issued Monday.
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March 31, 2025
Justices Probe Wis. Denial Of Exemption To Catholic Charities
Justices of the U.S. Supreme Court seemed deeply skeptical Monday that Wisconsin was on firm constitutional grounds in denying an unemployment tax exemption to a group of Catholic charities because, as the state claimed, they were not operated primarily for religious purposes.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
Paramount Escapes 'Dexter' COVID Safety Worker's Bias Suit
A New York federal judge threw out a COVID-19 safety worker's suit accusing Paramount Global of undermining and firing her because she's an older woman, saying she failed to rebut the "Dexter" producer's argument that she was fired because she was "toxic" and a poor performer.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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March 31, 2025
Amazon's Bid To Kick Drivers From Pay Suit Mostly Denied
A Washington federal judge agreed to oust only two of the 11 workers Amazon asked to dismiss from an 8-year-old suit accusing the company of misclassifying drivers as independent contractors, saying the other nine made enough effort to comply with discovery.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Ga. Housing Authority, Former Worker End Retaliation Claims
Both parties asked a Georgia federal court Friday to toss a former executive director's claims that she was fired by the Housing Authority of Fulton County, Georgia, after reporting her experiences of sexual harassment, saying they had reached a settlement.
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March 28, 2025
FCC Chief Orders Probe Into Disney, ABC DEI Practices
The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.
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March 28, 2025
Employment Authority: Bypassing A Battered NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how unions and employers are drafting contractual mechanisms to sidestep the National Labor Relations Board amid stalled cases and a leadership crisis, why federal agencies are advising employers that affinity groups could be legally risky, and why one lawyer is warning that unpaid wages litigation may rise under Trump administration changes.
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March 28, 2025
States Urge Justices To Skip Teacher Grants Case
California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.
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March 28, 2025
Plan Administrator Wins Electric Co.'s Union Healthcare Fight
An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.
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March 28, 2025
Wash. Uber Driver Fails To Upend Arbitration Over Termination
A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.
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March 28, 2025
DOD Seeks To Void Union Deals Over Efficiency Concerns
The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.
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March 28, 2025
Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now
The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.
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March 28, 2025
FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input
A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.
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March 28, 2025
Ex-Director Of DOJ's Bankruptcy Watchdog Appeals Removal
The former director of the Department of Justice's U.S. Trustee Program, which oversees bankruptcy proceedings, has filed an appeal of her termination, saying it was without cause and violated her due process rights, according to documents obtained by Law360 on Friday
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March 28, 2025
Walgreens Can't Trim Agent's Overtime Lawsuit
Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.
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March 28, 2025
Judge Sides With Ga. County In DOJ's Racial Slur Suit
A Georgia federal judge has ended federal prosecutors' suit against a Georgia county claiming it fired two Black employees after they complained of racist treatment from co-workers, finding there was nothing pretextual about their termination for stealing time with bogus reports.
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March 28, 2025
NJ Says Banking Dept. Retaliation Suit Still Lacks Facts
New Jersey urged a state court to dismiss a discrimination and retaliation suit from a former acting director at the state's Department of Banking and Insurance, arguing she hasn't backed her claims she was paid less than her male counterparts and lost out on a promotion due to her gender.
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March 28, 2025
Ex-Deputy Wins $250K In Retaliation Suit Over Bias Charge
A Florida federal jury awarded a former sheriff's deputy $250,000 in his suit claiming he was fired in retaliation for filing a bias charge against the office, claiming it failed to let him take leave for a disability and wear an Islamic cap in accordance with his religious beliefs.
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March 28, 2025
2nd Judge Grants Injunction Against DOD's Transgender Ban
A Washington state federal judge has blocked the Trump administration's ban on transgender troops following a similar move by a federal judge in Washington, D.C., finding that the prohibition blatantly discriminates based on gender status and sex without any justifying evidence.
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March 28, 2025
Judge 'Cannot Look Away,' Halts Trump Admin Cuts At CFPB
A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."
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March 28, 2025
Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit
A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.
Expert Analysis
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What Trump Admin's Anti-DEI Push Means For FCA Claims
President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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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.