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Employment
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
NC Nurse Practitioners Sue Over Commission-Only Pay
A pair of North Carolina nurse practitioners accused the medical office they used to work for in Jackson County of only paying them commission for services rendered, not making up the difference when those commissions fell below minimum wage and failing to pay overtime.
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February 19, 2025
Conn. Trial Firm Split Must Return To Arbitration, Judge Rules
A dispute over the breakup of a Connecticut personal injury firm known for high-dollar verdicts must for now return to arbitration, a Connecticut judge ruled Wednesday, saying an arbiter, not the court, must decide initial questions about the feud's proper forum.
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February 19, 2025
Ex-Defender Again Tries To Revive Sex Bias Suit At 4th Circ.
A former assistant public defender in North Carolina is urging the Fourth Circuit to reverse a bench ruling that dashed her long-running bias suit against the federal judiciary, saying the indifference she allegedly endured after she reported being sexually harassed proves her case.
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February 19, 2025
DOL Nom Seeks Distance From PRO Act Support At Hearing
President Donald Trump's nominee for U.S. Department of Labor secretary said during a Senate confirmation hearing Wednesday that although she previously backed pro-organizing legislation as a member of the U.S. House, she is "no longer" a lawmaker and would follow Trump's agenda.
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February 19, 2025
Amazon, Supermarket Latest Targets Of Lie Detector Litigation
Amazon and New England supermarket chain Market Basket are the latest two companies to face accusations of flouting a nearly 40-year-old Massachusetts law that requires notice to jobseekers that the use of lie detectors in employment decisions is illegal in the Bay State.
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February 19, 2025
Resort To Pay $1.4M To End EEOC National Origin Bias Suit
A resort in Guam will pay $1.4 million to resolve a U.S. Equal Employment Opportunity Commission suit claiming it gave Japanese workers better pay and working conditions than their non-Japanese peers, according to a court filing Wednesday.
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February 19, 2025
Mintz Lands Kasowitz Employment Litigation Head In NY
The longtime chair of Kasowitz Benson & Torres LLP's employment litigation group said Wednesday that he had left that firm to take on the same role at Mintz Levin Cohn Ferris Glovsky and Popeo PC in New York.
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February 19, 2025
Md. Plant Nursery Settles EEOC Pregnancy Bias Suit
A Maryland plant nursery agreed to pay $40,000 to settle a U.S. Equal Employment Opportunity Commission suit accusing it of refusing to bring a laborer back after she took time off to deal with a pregnancy, according to court documents.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Wells Fargo Fights Class Cert. Bid In 'Sham' Hiring Case
Wells Fargo & Co. is seeking to avoid class claims in a lawsuit accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not shown how a downturn in the bank's stock price was caused by the supposedly "sham" job interviews rather than a challenging interest rate environment.
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February 18, 2025
DOL Wants Trial For Tenn. Pork Farm Retaliation Suit
A Tennessee federal judge should let a jury consider a lawsuit accusing a Henry County pork producer of retaliating against two H-2A workers who filed a complaint over unpaid wages, the U.S. Department of Labor said Tuesday.
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February 18, 2025
Special Counsel Says Justices Can't Review Firing Just Yet
A federal employment watchdog urged the U.S. Supreme Court on Tuesday to deny the Trump administration's bid to undo a freeze of his firing, contending that granting the White House's request would suggest that the president is entitled to a special "rocket docket" in high-stakes emergency litigation.
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February 18, 2025
Judge Says 'Animus' Could Doom Trump Transgender Order
A D.C. federal judge Tuesday hammered government attorneys defending President Donald Trump's executive order ostensibly banning transgender people from serving in the U.S. military, challenging their claims that the order has yet to drive any practical changes when the Defense Department has already "paused" ascensions for trans recruits.
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February 18, 2025
Ousted MSPB Chair Wins Temporary Block Of Her Firing
A D.C. federal judge blocked President Donald Trump from removing the Democratic head of the Merit Systems Protection Board on Tuesday, dealing an initial blow to the administration's argument that limits on the president's power to remove agency officials are unconstitutional.
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February 18, 2025
Campbell Drivers' NC Claims Preempted, Court Told
Claims under North Carolina state law by a proposed class of Campbell Soup Co. drivers who alleged they were misclassified as independent contractors instead of employees must be tossed because they're preempted by the federal law, the food giant argued Tuesday.
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February 18, 2025
Judge Probes Unions' Options In Bid To Block Fed. Layoffs
A Washington, D.C., federal judge appeared concerned Tuesday with the havoc the president's downsizing initiatives may wreak on agencies and federal-sector unions but uncertain that those unions can ask the courts to step in.
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February 18, 2025
Judge Won't Hold DOL In Contempt In Farmworker Wage Suit
A Washington federal judge has rejected a farmworker union's claims that the U.S. Department of Labor violated a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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February 18, 2025
CIA Officer Firings Under DEI Ban Halted As Judge Mulls TRO
A Virginia federal judge blocked the CIA and the Office of the Director of National Intelligence on Tuesday from officially firing intelligence officers who have challenged President Donald Trump's executive order directing federal agencies to terminate diversity, equity and inclusion officers.
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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.
Expert Analysis
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.