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Employment
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February 20, 2025
McDonald's Gets Ex-Execs' 4th Depo, Some Fees In Bias Case
Two former McDonald's executives pursuing race bias claims against the fast-food giant must sit for a fourth deposition and pay certain costs after their attorneys produced more than 1,700 documents their previous counsel had failed to disclose in the case, an Illinois federal judge has said.
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February 20, 2025
Unions Call Mass Layoff Of Probationary Fed. Workers Illegal
The U.S. Office of Personnel Management lacked the authority to order federal agencies to lay off tens of thousands of probationary employees, a group of unions representing federal workers argued in a new lawsuit in California federal court, looking to nullify the office's Feb. 13 mass-layoff directive.
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February 20, 2025
Unions' Downsizing Suit Belongs Before FLRA, Judge Says
A D.C. federal judge denied requests Thursday to block the president from carrying out three federal downsizing initiatives, rejecting unions' argument that their challenge is an exception to the rule that federal union disputes belong before the agency charged with adjudicating them.
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February 20, 2025
Barista, NLRB Agree To Put Constitutional Challenge On Ice
A Texas federal judge on Thursday paused a constitutional challenge against the National Labor Relations Board from a Starbucks worker represented by the National Right to Work Legal Defense Foundation, after the parties requested a stay in light of former board member Gwynne Wilcox's suit over her firing.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
Ye Sanctioned Again, Ordered To Sit For Another Deposition
A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.
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February 20, 2025
Dems Seek Answers, Reversals For 'Reckless' VA Cuts
Democrats in Congress asked Secretary of Veterans Affairs Doug Collins to justify how firing 1,000-plus VA employees could possibly benefit veterans, and they called on him to reverse the cuts, stating that they are causing negative impacts.
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February 20, 2025
Intel, Israeli Ex-Exec End Bias Suit Over Pro-Hamas Sentiment
Intel Corp. and an Israeli former executive have agreed to shutter his suit claiming the tech giant fired him following complaints that his boss appeared to support Hamas after the militant group's October 2023 attack took place in Israel, according to a Thursday New York federal court filing.
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February 20, 2025
Worker Says Wilson Sports Co. Firing Tied To Paternity Leave
A former Wilson Sporting Goods Co. employee has filed a Minnesota federal lawsuit accusing the company of firing him for taking parental leave in violation of the Family and Medical Leave Act.
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February 20, 2025
IRS Worker Layoff Could Hamper Enforcement, Groups Warn
Congressional Democrats, tax and economic policy groups and an IRS workers union warned Thursday that the termination of thousands of Internal Revenue Service employees that began the same day could threaten the agency's ability to enforce tax laws and hamper taxpayer services amid tax-filing season.
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February 20, 2025
Unions Demand Insight Into DOGE's Agency Audits
Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.
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February 20, 2025
State Department Narrows Eligibility For Visa Interview Waivers
The State Department reverted its criteria for obtaining a visa interview waiver to the agency's pre-COVID-19 standards, narrowing eligibility to applicants who are seeking to renew their nonimmigrant visa of the same classification within 12 months of its expiration.
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February 20, 2025
Former Sports Nonprofit Employees Seek Docs In RICO Suit
Two former employees of the United States Specialty Sports Association who are suing the sports nonprofit for allegedly running an illegal sports gambling operation have asked a Florida federal judge to force the organization to hand over key documents regarding the misuse of funds and the firing of whistleblowers.
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February 20, 2025
HHS Rescinds Guidance On Gender-Affirming Care For Minors
The U.S. Department of Health and Human Services on Thursday rescinded guidance for health plans and insurers on complying with the Affordable Care Act's nondiscrimination provisions with regard to gender-affirming care for minors, which President Donald Trump called on the agency to do in a January executive order.
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February 20, 2025
Battery Co. Denied 3rd Circ. Redo In $22M Wage Suit
The Third Circuit won't reconsider a decision backing a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent changing in and out of protective gear before and after shifts, according to a Thursday order.
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February 20, 2025
2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand
Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.
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February 20, 2025
Tenn. Player Says NCAA Waiver Denial Ends College Career
A college baseball player said he is being "irreparably harmed" by a Tennessee federal judge's decision denying his early request to override NCAA eligibility rules so he can play for the University of Tennessee for the Spring 2025 season, arguing that if the ruling is not reversed, his "collegiate baseball career will be over."
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February 20, 2025
Conn. Atty Seeks New Injunction Against Ex-Law Partner
Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.
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February 20, 2025
Conn. Justices Advance Veteran's Disability Case Against City
The Connecticut Supreme Court on Thursday advanced a military veteran's stress-related employment accommodation case against the city of Stamford, saying the city could not immediately challenge a hearing referee's decision to allow a new claim during an early-stage workplace discrimination proceeding.
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February 20, 2025
Seton Hall Claims Ex-President Leaked Info On Successor
Seton Hall University has sued its former president in New Jersey state court, claiming he leaked a confidential internal document that found his successor had failed to report allegations of sexual abuse when he headed a Catholic seminary.
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February 20, 2025
NJ Law Firm, Ex-COO Settle Sexual Harassment, Bias Suit
Major New Jersey personal injury firm Garces Grabler & LeBrocq PC has settled a lawsuit with its former chief operating officer, who accused it and attorneys there of sexually harassing her and unfairly burdening her with work that was beneath her position.
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February 20, 2025
Salon Can't Deduct Product Costs From Pay, Colo. Panel Says
A Colorado Court of Appeals panel on Thursday found a Denver hair salon's agreement with a cosmetologist deducting the cost of hair care products from her pay was improper, finding those expenses were part of the salon's cost of doing business and can't be shifted to employees.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 20, 2025
Pot Co. Exec Says He Was Fired For Reporting Antisemitism
A Jewish former executive for Verano Holdings Corp. and Verano Arizona Inc. is suing the companies in federal court, alleging he was discriminated against and fired for reporting antisemitism and "flippant comments about Adolf Hitler and the Holocaust."
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February 20, 2025
2nd Circ. Backs Ex-NBA Ref's $2.9M Win In Vax Pension Row
The Second Circuit on Thursday backed a trial court's ruling that the NBA owed a referee $2.9 million in pension benefits after he was fired for refusing the COVID-19 vaccine, ruling the plan requires payment even if he could be reinstated.
Expert Analysis
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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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.
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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.
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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.
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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.
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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.
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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.
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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.