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Employment
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January 28, 2025
Arguments Lined Up Against NCAA's $2.8B NIL Settlement
A prominent plaintiffs-side sports attorney is joining the Department of Justice and a handful of athletes in trying to stop the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, which he says would impose "a price fix [that] harms athletes."
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January 28, 2025
7th Circ. Considers Faith Of 2-Step Collective Certification
A Seventh Circuit panel considered Tuesday whether to keep or ditch the two-step certification process for collectives, with one judge calling Eli Lilly & Co.'s decertification argument in an age discrimination suit "spectacularly wrong" and another asking how tolling could change.
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January 28, 2025
Union Worker Entitled To Higher Pension Benefits, Judge Says
A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.
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January 28, 2025
Amid Big Bets, Tom Goldstein Argued 'Poker Is Not Gambling'
A federal indictment's jarring portrayal of pioneering U.S. Supreme Court advocate Tom Goldstein as an "ultrahigh-stakes" gambler who dodged taxes has left the legal community virtually speechless. But Goldstein's status as a serious poker player was not a secret, and in past court cases, he proclaimed the card game "fundamentally dissimilar" from conventional gambling, even while preparing to wager millions on matches.
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January 28, 2025
Ex-Athletic Director Accuses Pa. District Of Pregnancy Bias
A former Pennsylvania school district athletic director sued her old employer Tuesday alleging she faced a hostile work environment and was ultimately fired for giving birth to her second child.
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January 28, 2025
White Corrections Officer's Suit Over DEI Training Falls Short
A Colorado federal judge tossed a former corrections officer's suit claiming a diversity training created a hostile work environment toward white workers, ruling that the former employee failed to show how the training negatively affected his job.
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January 28, 2025
Calif. Panel Says Workers Can Be Added To $935K Wage Deal
A California state appeals court declined to upend an order allowing the reopening of a $935,000 settlement that resolved workers' wage and hour lawsuit against an aerospace company, saying the employer failed to show that unionized employees were correctly exempted from the deal.
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January 28, 2025
Grassley And Durbin Question Trump On IG Firings
The top Republican and Democrat on the Senate Judiciary Committee pressed President Donald Trump on Tuesday for an explanation on why he fired almost 20 federal watchdogs late last week.
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January 28, 2025
OPM Looking To Dodge USPTO's Union Telework Exception
U.S. Patent and Trademark Office employees whose telework is protected in a collective bargaining agreement don't have to work in person, the agency has confirmed, but the federal government has told agencies to review how to change those agreements.
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January 28, 2025
Trump Jettisons Dem EEOC Commissioners, General Counsel
Two Democratic members of the U.S. Equal Employment Opportunity Commission and the agency's general counsel said Tuesday that President Donald Trump had removed them, an unprecedented purge that leaves the five-member commission without a quorum.
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January 28, 2025
Logistics Co. Says Director Created Rival While Still Employed
A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.
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January 28, 2025
Gibson Dunn Launches Immigration Task Force
Gibson Dunn & Crutcher LLP announced Tuesday that it has launched a specialized Immigration Task Force aimed at providing clients with up-to-date alerts on the "anticipated complexities and rapid changes in the immigration landscape" under the Trump administration.
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January 28, 2025
Trump Bars Trans Service Members, DOD Diversity Initiatives
President Donald Trump has issued executive orders eliminating diversity, equity and inclusion programs within the military, reinstating service members who refused COVID-19 vaccinations and barring service by openly transgender troops.
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January 28, 2025
Colo. Atty Hits DC-Area Law Firm With Bias Suit Over Firing
A Colorado attorney has sued the Washington, D.C.-area firm Volkov Law Group, alleging it discriminated against her based on age and gender when she was "abruptly and unlawfully fired" in October 2023 at the age of 56, and accusing the firm of wrongfully withholding wages.
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January 28, 2025
Berry Appleman, Ex-Tech Lead Resolve Disability Bias Suit
Berry Appleman & Leiden struck a deal to end a former software tech lead's suit claiming the global immigration firm fired him because side effects from new medication caused him to ask for a reprieve from his demanding workload, according to a filing in Texas federal court.
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January 28, 2025
Trump Removes NLRB General Counsel And Dem Member
President Donald Trump removed National Labor Relations Board general counsel Jennifer Abruzzo and Democratic member Gwynne Wilcox overnight, leaving the agency's panel of adjudicators without a quorum and its prosecutor's office without a top official.
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January 27, 2025
3 Arrested In North Korean IT Worker Scheme, Feds Say
Federal officials alleged in a Florida indictment that they've arrested at least three people in an elaborate fraudulent worker scheme masterminded by the Democratic People's Republic of Korea, saying the individuals helped North Koreans obtain remote information technology employment with companies for the purpose of evading U.S. sanctions.
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January 27, 2025
HSBC Bankers Fall Short Of Pay Class Cert., Judge Suggests
A New York federal magistrate judge recommended that proposed classes of HSBC Bank personal bankers be denied class certification for allegations that the company shortchanged them on pay in various ways, finding the evidence presented to establish commonality of the claims is full of hearsay.
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January 27, 2025
VA To Nix $6.1M In Contracts Under Trump's DEI Order
The U.S. Department of Veterans Affairs announced Monday that it has placed dozens of employees on paid leave and will cancel $6.1 million worth of contracts as part of efforts to root out diversity, equity and inclusion activities.
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January 27, 2025
Perella Weinberg Had $47M Motive To Ax Partners, Judge Told
Counsel for former partners of investment banking firm Perella Weinberg on Monday signaled to a New York state trial judge that the firm had a financial motive to fire them and pointed to emails calling one a "destructive influence."
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January 27, 2025
Legal Aid Attys Fight To Keep Suit Over Union Palestine Vote
The Association of Legal Aid Attorneys infringed on three members' rights by moving to expel them for trying to stop the union from voting on a controversial pro-Palestine resolution, the attorneys said, asking a New York federal judge to preserve claims that the union violated labor and anti-discrimination laws.
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January 27, 2025
6th Circ. Says Union Can't Save Cook For Missing The Boat
The Sixth Circuit upheld a win for the nation's oldest maritime union Monday, finding that the organization had no ability to defend a cook who was fired by a steamship company after she missed her boat.
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January 27, 2025
SEC OKs Nasdaq Pulling Diversity Rules After 5th Circ. Loss
The U.S. Securities and Exchange Commission has greenlighted Nasdaq's proposal to undo the exchange's rules requiring that companies listed on it disclose board diversity data, following a narrow, en banc ruling from the Fifth Circuit last month finding the rules ran afoul of federal securities law.
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January 27, 2025
Fill-In Nurses, Staffing Agency Strike Deal To End Wage Suit
An agency that provides nurses to hospitals when their employees go on strike reached a deal Monday with 42 nurses who accused the company of stiffing them on wages when they were sent to work at a Kaiser Permanente medical center, a filing in Colorado federal court said.
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January 27, 2025
DC Circ. Skirts Google's Employer Status In NLRB Dispute
The D.C. Circuit appeared unlikely Monday to decide whether the National Labor Relations Board correctly tagged Google as the joint employer of quality assurance contractors, with a panel seeming skeptical that it can weigh in a year after Google ended its deal with the workers' direct employer.
Expert Analysis
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.