Employment

  • March 18, 2025

    DC Judge Blocks Trans Military Ban As 'Soaked In Animus'

    A Washington, D.C., federal judge on Tuesday blocked the Trump administration from banning transgender people from serving in the military, saying the ban is "soaked in animus and dripping with pretext."

  • March 18, 2025

    9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed

    The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.

  • March 18, 2025

    Feds Say On-Leave Staffers Don't 'Skirt' Alsup's Rehire Order

    The Trump administration Tuesday told Judge William Alsup that fired federal probationary employees are being put on administrative leave as part of the reinstatement process he ordered and not to "skirt" the preliminary injunction, after the judge said Monday putting the workers on leave isn't permissible under his order.

  • March 18, 2025

    Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight

    Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.

  • March 18, 2025

    Let Patent Examiners Telework, Atty Group Tells Lutnick

    A trade group of patent lawyers is asking the U.S. Department of Commerce to maintain longtime "telework protections" for patent examiners in the wake of Trump administration initiatives to require in-person work.

  • March 18, 2025

    6th Circ. Wrestles With Reviving Suit Over Racial Slurs

    The Sixth Circuit grappled Tuesday with reopening two Black truck drivers' race harassment suit against their former employer, with the judges quizzing both sides extensively about the severity of racial epithets and whether sufficient precedent exists that backs the workers' case.

  • March 18, 2025

    Md. Judge Says USAID Dismantling Is Likely Unconstitutional

    A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.

  • March 18, 2025

    Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order

    The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.

  • March 18, 2025

    Vans Facility Subjected Employees To Extreme Heat, Suit Says

    A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.

  • March 18, 2025

    Six Takeaways From California's State Of The Judiciary

    California Supreme Court Chief Justice Patricia Guerrero gave an annual State of the Judiciary address to Golden State legislators Tuesday that highlighted the judicial branch's independence and commitment to providing "fair and impartial justice," while putting less attention than in years past on policies that support diversity and inclusion.

  • March 18, 2025

    DC Circ. Seems Divided Over Firings Of Agency Officials

    A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.

  • March 18, 2025

    MilliporeSigma Says Rival Raided Talent Despite Noncompete

    Life sciences company MilliporeSigma is accusing direct competitor Solvias USA of raiding its roster to hire away several top sales executives, all of whom were still subject to noncompete agreements, according to a lawsuit filed Tuesday in Massachusetts state court.

  • March 18, 2025

    10th Circ. Pokes Holes In Walmart's Defenses In Bias Suit

    A talkative Tenth Circuit panel seemed inclined Tuesday to revive a Walmart employee's lawsuit alleging he was discriminated against for being gay, as the court's chief judge appeared incredulous that evidence of slurs and other derogatory comments being thrown around the workplace weren't enough to sustain his harassment claim.

  • March 18, 2025

    DraftKings Must Face Claims In MLB Players' NIL Suit

    DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.

  • March 18, 2025

    Employment Ace Rejoins Littler In Houston From ADR Firm

    A former Littler Mendelson PC shareholder who spent the last 15 years as a business executive, general counsel and leader of his own alternative dispute resolution firm rejoined his former workplace to pick back up his private practice career.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    News Union Backs NLRB Order Against Pittsburgh Paper

    The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.

  • March 18, 2025

    NJ Firm Blume Forte Hit With Disability Bias Suit

    New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC has been hit with a disability discrimination lawsuit in state court by a staffer who claims she was fired after a seizure and other health setbacks.

  • March 18, 2025

    Dem Ex-EEOC Officials Call Law Firm DEI Letters Overreach

    A group of Democrat-appointed former U.S. Equal Employment Opportunity Commission officials urged acting Chair Andrea Lucas on Tuesday to rescind letters seeking information from 20 law firms about their diversity, equity and inclusion practices, saying she had exceeded the agency's power.

  • March 18, 2025

    White House Asks Agencies For Info On Union Contract Costs

    The Office of Personnel Management has asked federal agencies to detail how much they have spent on bargaining with the unions that represent their workers, launching a probe of potentially "substantial" costs as the Trump administration reexamines the relationship between the government and federal unions.

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.

  • March 18, 2025

    NLRB Judge Won't Issue Bargaining Order At Mo. Starbucks

    Starbucks violated the National Labor Relations Act once during Workers United's organizing drive at a Missouri store, but the violation wasn't severe enough to have caused the union's loss in a representation election, a National Labor Relations Board judge said, rejecting board prosecutors' request for a bargaining order.

  • March 18, 2025

    Pa. Shell Plant Workers Get Cert. For Commute Time Suit

    Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.

  • March 18, 2025

    Whistleblower Says Perdue Farms' DOL Battle Is Premature

    A whistleblower pursuing retaliation claims against Perdue Farms Inc. at the U.S. Department of Labor over the company allegedly sending him unhealthy chickens to raise after he raised concerns about the company's sanitation standards urged a North Carolina federal judge to throw out the poultry producer's case, arguing the court lacks jurisdiction.

  • March 18, 2025

    Carnival Co. Must Face H-2B Visa Workers' Wage Suit

    A traveling carnival business and its president cannot avoid a proposed class action alleging they forced workers employed through the H-2B visa program to work long hours without overtime pay, a Virginia federal judge ruled, saying there's not enough evidence to warrant a pretrial win.

Expert Analysis

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Bid Protest Roundup: Prejudice, Injunctions, New Regulations

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    In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • How To Create A Unique Jury Profile For Every Case

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    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

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    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

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