Employment

March 25, 2025
House Panel Split On Independent Contractor, OT Updates

Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.
March 25, 2025
Media Cos. Want Docs Unsealed In X Workers' Layoff Suit

More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.
March 25, 2025
NCAA Makes New Bid To Sink Athletes' Wage Suit

A group of student-athletes still failed to show that their colleges, universities and the NCAA had the joint control typical of employers even after their cases took a trip to the Third Circuit, the association told a Pennsylvania federal court, launching a renewed bid to toss the students' suit.
March 25, 2025
Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling

A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.
March 25, 2025
2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.
March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
March 25, 2025
Mich. Residents, Some Claims Cut From Frozen Benefits Case

A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.
March 25, 2025
Unions Say Trump Administration Illegally Targeted Columbia

The federal government should restore the nearly $400 million it revoked from Columbia University earlier this month, two unions told a New York federal court Tuesday, also seeking a declaration that threats to pull additional funding if the university doesn't meet certain demands violate the U.S. Constitution.
March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction

The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
March 25, 2025
Staffing Co. Workers Can't Get Class Status In NC Wage Suit

Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.
March 25, 2025
Ogletree Hires Ex-Womble Bond Atty In Phoenix

Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it has expanded its offerings in Arizona with the addition of a litigator from Womble Bond Dickinson.
March 25, 2025
Hartford HealthCare Fights Disclosure Of Antitrust Settlement

Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.
March 25, 2025
Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.
March 24, 2025
Law Firm Bookkeeper Charged With Embezzling $835K

The bookkeeper and office manager of a Hartford, Connecticut, law firm embezzled more than half a million dollars from the firm over 12 years and took more than a quarter-million in separate rental income earned by the law firm's owner, federal prosecutors announced on Monday.
March 24, 2025
Ill. Judge Flips Rulings Applying BIPA Change Retroactively

An Illinois federal judge has scrapped her determination that the Illinois legislature's move to limit damages under the state's Biometric Information Privacy Act applies to disputes filed before the change took effect, aligning with two other district judges who have found the amendment to be a "substantive" one that only affected cases prospectively.
March 24, 2025
Colo. Judge Doubts Iffy Firing Facts Can Get Restaurant A Win

A Colorado federal judge was skeptical Monday that he, rather than a jury, should be the one to decide whether a seafood restaurant fired a worker because of her nationality or because she drank alcohol before a shift, in a suit brought by the U.S. Equal Employment Opportunity Commission.
March 24, 2025
Judge OKs NIL Recruiting Rules Deal Between States, NCAA

A Tennessee federal judge has signed off on a settlement that resolves antitrust litigation over the NCAA's practice of banning the use of possible name, image and likeness compensation when recruiting athletes.
March 24, 2025
No New Trial For Alleged Embezzler Who Waffled On Testifying

The Second Circuit on Monday rejected a bid for a new trial from a former Long Island nonprofit executive who was convicted of embezzlement, rejecting her argument that she'd been denied a right to testify and saying the record showed that she'd chosen not to.
March 24, 2025
Ill. Law Firm Accused Of Suing Wrong Co., Lying About Error

A doctor who sought to pursue an employment discrimination claim against former employer Humana Inc. claims in an Illinois state court lawsuit that the law firm he hired to handle his case filed claims against Cigna instead, forged his signature and didn't fix its attorneys' errors before the statute of limitations ran out.
March 24, 2025
Judge Blocks Texas A&M's Drag Show Ban, Cites First Amendment

A federal judge in Houston on Monday blocked a Texas A&M University System policy banning drag performances on its campuses, writing that a student group's drag performance is a form of theater that could proceed this week as planned.
March 24, 2025
Trump Taps Morgan Lewis Atty To Lead OFCCP

The Trump administration has selected a former Morgan Lewis & Bockius LLP attorney to lead the Office of Federal Contract Compliance Programs, with the lawyer promising Monday to uphold the president's mandate of stripping the agency's legal authority to investigate bias complaints against federal contractors.
March 24, 2025
Ga. Clinic Hit With Retaliation, Confidentiality Allegations

A former employee of a Georgia sexual assault survivors' clinic filed a whistleblower lawsuit against the organization Friday claiming that she was forced out of her position after refusing to help cover up allegations that the clinic was violating victim confidentiality laws.
March 24, 2025
Technicolor Hit With WARN Act Suit Over Calif. Site Closure

Technicolor Creative Services USA illegally fired more than 200 employees without adequate notice as required under the law when it closed its facility in Los Angeles County last month, according to a proposed class action filed in California federal court Friday.
March 24, 2025
Ga. Law Firm Accuses Recruiting Agency Of Contract Breach

Atlanta law firm Mozley Finlayson & Loggins LLP is accusing recruiting company Frederick Fox LLC of breach of contract after it refused to pay back a more than $36,000 placement fee when its candidate quickly left his role.
March 24, 2025
Schools, Unions Sue To Block Education Dept. Shutdown

Two Massachusetts school districts and a coalition of public employee unions sued in federal court Monday, seeking to block the Trump administration from "dismantling" the U.S. Department of Education.

Expert Analysis

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.
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.
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.
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.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
Identifying Deepfakes During Evidence Collection, Discovery

Excerpt from Practical Guidance

Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
5 Proactive Immigration Best Practices For Employers In 2025

Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.