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Employment
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February 03, 2025
Ill. Bill Seeks Tax Break For Megaproject Building Materials
Illinois would provide an exemption from any state or local use tax or retailers occupation tax for building materials incorporated into real estate at what are known as megaproject sites as part of a bill filed in the state House of Representatives.
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February 03, 2025
Fired SpaceX Workers Want To Know Where Musk Was
An attorney representing fired SpaceX workers urged a California federal judge Monday to reconsider a previous judge's ruling that the retaliation case does not belong in state court and to allow her clients access to records about CEO Elon Musk's past movements to prove the location from which he directed the company.
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February 03, 2025
Ill. House Floats Income Tax Deduction Bill For Union Dues
Illinois would create an income tax deduction for union dues for taxpayers who weren't allowed a deduction under federal law as part of a bill filed in the state House of Representatives.
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February 03, 2025
7th Circ. Says Row Over Pilot Contracts Belongs In Arbitration
The Seventh Circuit has ruled that the Teamsters' challenge to prehire employment agreements with two airlines providing for incentive payments to newly hired pilots must be resolved in arbitration rather than federal court, saying the airlines did enough to show that the incentives are justified by the collective bargaining agreements.
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February 03, 2025
Amazon Military Leave Class Should Be Certified, Judge Says
A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.
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February 03, 2025
Ex-Fox Sports TV Host Accuses Executive Of Sexual Assault
A former on-air Fox Sports host and reporter has sued the network and executive Charlie Dixon in California state court alleging he sexually assaulted her in his hotel room in 2016.
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February 03, 2025
Feds Back Out Of Trans Ga. Deputy's 11th Circ. Rehearing
The U.S. Department of Justice said Friday that it was pulling out of supporting a Georgia transgender sheriff's deputy's bid to have gender-affirming surgery covered by her county government, just days before her case is set to be reheard by the full Eleventh Circuit.
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February 03, 2025
NJ Mayor Says Ex-Aide Was At-Will And Can't Sue Over Firing
Jersey City Mayor Steven Fulop has asked a New Jersey federal judge to toss a retaliation lawsuit by a former aide who was fired after the aide supported his Republican sister's political campaign in Missouri, contending the worker was an "at will" employee whose rights under the First Amendment or the New Jersey Law Against Discrimination were not violated.
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February 03, 2025
NCAA Settles College Baseball Coaches' Wage-Fix Suit
The NCAA and a group of Division I volunteer baseball coaches have reached a settlement "in principle" to end a proposed antitrust class action that challenged the organization's since-repealed "uniform wage fix" bylaw that prevented volunteer coaches from getting compensated market value for their services.
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February 03, 2025
EMS Workers Say Court Misunderstands Their Compensation
Emergency medical services workers told a North Carolina federal court that it's incorrectly examining their unpaid wage claims through an hourly pay legal standard instead of recognizing that they were paid on a salary basis, and the court should revisit their summary judgment motion.
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February 03, 2025
Drexel Owes Prof $350K After Equal Pay Jury Win, Judge Says
A Pennsylvania federal judge said Drexel University owes a philosophy professor $350,000 in damages after a jury found she was willfully paid less than male colleagues out of bias, rejecting the university's position that the award should be reduced because it did not deliberately violate equal pay laws.
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February 03, 2025
Former Acting DOL Head Heads To Harvard As Spring Fellow
Former acting Labor Secretary Julie Su will join the Harvard Kennedy School Institute of Politics as a spring 2025 fellow, the university announced.
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February 03, 2025
IRS Defends Process For Denying Worker Credit Claims
The Internal Revenue Service defended its process for rejecting applications for pandemic-era worker tax credits that it deems too risky to pay out, telling an Arizona federal court that contrary to the claims of two companies suing the agency over denials, its response has been reasonable.
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February 03, 2025
Kroger, Albertsons No-Poach Suit Back In Colo. Court
A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.
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February 03, 2025
NCAA Hit With New Suits As NIL Settlement Trudges Ahead
At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal
A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.
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February 03, 2025
BofA, Merrill Lynch Say Arbitration Policy Covers Bias Suit
Two Black financial advisers' suit accusing Bank of America and subsidiary Merrill Lynch of handing more opportunities to white men belongs in arbitration, the companies told a New York federal court, saying an arbitration policy shared with employees the day the suit was filed covers their claims.
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February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias
A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
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February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says
The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
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February 03, 2025
Trump Furthers NLRB Shakeup By Firing Acting NLRB GC
President Donald Trump continued his shakeup of leadership at the National Labor Relations Board by firing acting general counsel Jessica Rutter, an agency spokesperson confirmed Monday.
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January 31, 2025
McDonald's Settles Suit Over Latino College Scholarships
McDonald's told a Tennessee federal court on Friday that it is revising its Latino scholarship program to get rid of requirements for applicants to be of Hispanic or Latino heritage, ending a lawsuit lodged by a group that had successfully sued Harvard University over its affirmative action policies.
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January 31, 2025
New York Scores Win In Reproductive Rights Labor Law Suit
A New York federal judge Friday tossed an anti-abortion group's lawsuit challenging a New York state law that bars employers from penalizing workers for making certain reproductive health decisions, saying on the five-year anniversary of the case that the group lacked standing to assert its last remaining claim.
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January 31, 2025
Pipeline Inspector Asks Justices To Deem Him An Employee
A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.
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January 31, 2025
NCAA Settles States' Suit Challenging NIL Restrictions
The NCAA has reached a settlement with a coalition of states, led by Tennessee and Virginia, that's been challenging its ban on name, image and likeness compensation for student athletes being recruited by institutions, according to a notice filed Friday in Tennessee federal court, exactly one year after the suit was filed.
Expert Analysis
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.