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Employment
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February 18, 2025
ER Says 3rd Parties Allow For Accurate Blame In Injury Suit
A Texas emergency room told state high court justices Tuesday that refusing to allow it to designate responsible third parties in a nurse's injury suit would create " a dramatic upheaval" by " not letting us blame who's really at fault" for the woman's back injury.
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February 18, 2025
Okla. Civil Rights Groups Spar Over Race Theory Law Docs
Oklahoma is fighting a bid by civil rights' groups to force public school officials to hand over documents related to a controversial bill that bans the teaching of certain racial and gender topics in public classrooms, arguing the request is premature and the discovery they seek is without limitation.
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February 18, 2025
Steward Says Mass. Owes $22M For Withheld Patient Claims
Steward Health Care has sued Massachusetts in Texas bankruptcy court to recover $22 million, which the insolvent hospital operator alleged it is owed for treating low-income patients in Massachusetts after the company filed for Chapter 11 relief.
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February 18, 2025
White House Says City Can't Show Harm From Anti-DEI Orders
The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.
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February 18, 2025
States Ask 5th Circ. To Rethink Contractor Wage Hike Ruling
Republican attorneys general in Texas, Mississippi and Louisiana called on the full Fifth Circuit to reconsider a panel's decision backing the Biden administration's contract worker minimum wage hike, saying the ruling contradicts at least 11 other precedential decisions.
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February 18, 2025
DC Court Asked To Block DOGE's Access To Taxpayer Data
A federal judge should block the U.S. Treasury Department's reported provision of taxpayer data to the Department of Government Efficiency, halt DOGE's access and order its software uninstalled from Treasury systems, unions and advocacy organizations said in a complaint.
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February 18, 2025
Fired White Sox Trainer's Discrimination Suit Gets New Life
An Illinois state appeals court has revived a discrimination lawsuit from the former head trainer for the Chicago White Sox alleging the team fired him due to his sexual orientation, finding that the club may have tried to avoid litigation through deceptive means.
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February 18, 2025
NY High Court Upholds Ethics Commission In Cuomo Case
New York's highest court on Tuesday affirmed the constitutionality of the state's recently revamped ethics commission in an order reversing a lower court ruling that sided with embattled former Gov. Andrew Cuomo amid an investigation related to his use of government employees to help him publish and promote a book.
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February 18, 2025
Goldstein's Overseas Ties Make It 'Easier To Flee,' Judge Says
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein has lost a second attempt to shield his more than $3 million residence in Washington, D.C., from forfeiture in his criminal tax evasion case as a Maryland federal judge ruled Tuesday that he remains a "significant flight risk."
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February 18, 2025
Compliance Boss Took $9M In Clients, Investment Firm Says
A Connecticut investment firm with $360 million in assets under management says its former chief compliance officer violated trade secrets and computer fraud laws by taking eight clients worth $9.3 million and secretly joining a competitor, all despite bearing responsibility for his now-former firm's data confidentiality measures.
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February 18, 2025
EEOC Backs Off Trans Bias Suits, Citing Trump Order
The U.S. Equal Employment Opportunity Commission is walking away from seven lawsuits accusing businesses of discriminating against transgender or nonbinary employees, telling courts the suits conflict with President Donald Trump's executive order stating the government only recognizes two genders.
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February 18, 2025
5th Circ. Won't Rethink DOL Win In OT Threshold Dispute
The full Fifth Circuit refused to reconsider its decision finding the U.S. Department of Labor has the authority to create a salary threshold as part of its role in defining overtime exemptions, rejecting a Dairy Queen franchise owner's argument that the opinion conflicts with U.S. Supreme Court precedent.
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February 18, 2025
DC Circ. Affirms Co. Must Bargain Despite Ballot Box Claim
The D.C. Circuit on Tuesday denied a building management services company's challenge to a union representation election based on the claim that a National Labor Relations Board official left a ballot box unattended, supporting the board's conclusion that the business illegally refused to bargain.
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February 18, 2025
Landscaping Co. Says Workers Exempt From Earning OT
A landscaping company urged a Kansas federal court to grant it a win in a workers' class action accusing it of stiffing them on overtime wages, saying by loading trucks and performing safety checks on trailers, the workers fall under a Fair Labor Standards Act exemption.
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February 17, 2025
Labor Groups Denied Block On DOGE's Agency Access
A Washington, D.C. federal judge again declined to block Elon Musk's Department of Government Efficiency from accessing three federal agencies' data, saying worker and consumer advocates haven't shown that the department's agents don't belong.
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February 16, 2025
Trump Admin Asks Justices To OK Special Counsel Firing
The Trump administration has asked the U.S. Supreme Court to allow the president's firing of a top government ethics watchdog to move forward, arguing a Washington, D.C., federal judge unlawfully seized executive power when she issued an order temporarily reinstating the official pending a legal challenge.
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February 14, 2025
Trump Aims To End Limits On President's Power To Fire
President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.
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February 14, 2025
DC Judge Declines To Block New OPM Email System
A D.C. federal judge on Monday declined to temporarily stop the Office of Personnel Management from using a new centralized messaging system that a putative class of federal employees claims is insecure.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
VA Fires More Than 1,000 As Part Of Trump Cuts
The U.S. Department of Veterans Affairs said it dismissed more than 1,000 probationary employees Thursday, part of a wave of layoffs sweeping across federal agencies as the Trump administration pursues "large-scale" cuts to the government workforce.
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February 14, 2025
9th Circ. Told DOL Can't Shield Contractor Demographic Data
The Center for Investigative Reporting told the Ninth Circuit on Friday that federal contractors' workforce demographic reports were not protected by a commercial data exemption to the Freedom of Information Act, as there was no "intimate information" in those reports.
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February 14, 2025
NHL, CHL Ask Court to Toss Junior Players' Antitrust Lawsuit
The National Hockey League has asked a Washington federal court to toss an antitrust lawsuit challenging a rule that dictates where junior athletes can play, arguing that most enforcement of the rule took place in Canada.
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February 14, 2025
Employment Authority: Inside Trump's EEOC Shake Up
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how litigation priorities have already changed at the U.S. Equal Employment Opportunity Commission under President Donald Trump's second term, how federal-sector unions are fighting the new administration's efforts to reduce the government's workforce, and where the Federal Arbitration Act stands as its clears its 100th birthday.
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February 14, 2025
Diddy, Jay-Z Rape Lawsuit Dropped Amid Legal Ethics Battle
An anonymous woman dropped her New York federal court lawsuit accusing Sean "Diddy" Combs and Shawn "Jay-Z" Carter of raping a teenager together, claims that launched a bitter ethics feud between personal injury attorney Tony Buzbee and Jay-Z's lawyers at Quinn Emanuel Urquhart & Sullivan LLP.
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February 14, 2025
SEC Can't Nix Black Female Branch Chief's Race Bias Claim
The U.S. Securities and Exchange Commission must face discrimination and retaliation claims by a Black female supervisor who alleged she was removed from her position after filing workplace complaints, after a D.C. federal judge on Thursday ruled the plaintiff identified other similarly situated managers who remained in their jobs despite documented misconduct.
Expert Analysis
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Next Steps For FCA Defendants After Fla. Qui Tam Ruling
Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.