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Employment
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April 07, 2025
High Court Won't Hear Case On Employee Status Of Inmates
The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.
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April 05, 2025
Whistleblowers Fired By Paxton Get $6.68M
A Travis County judge on Friday awarded four of Texas Attorney General Ken Paxton's former deputies $6.68 million, ending their claims that they were fired in retaliation for reporting alleged abuses to the FBI.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Employment Authority: Trump EO On Federal Union Contracts
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an analysis of President Donald Trump's recent executive order aiming to halt collective bargaining between federal agencies and unions, coverage on guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice on employers' using so-called diverse slates and a look at how Trump's solicitor of labor nominee assisted in writing policy recommendations for Project 2025.
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April 04, 2025
6th Circ. Says Fiat Chrysler Engineers' Claims Are Preempted
The Sixth Circuit said Friday that federal law bars Fiat Chrysler engineers from pursuing state-based claims alleging they lost wages and benefits after being transferred in connection to an illicit bribery scheme involving former United Auto Workers officials and company executives.
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April 04, 2025
Airport Staffing Co. Hit With Colo. Holiday Overtime Pay Suit
Two Colorado residents who worked at the Denver International Airport have sued the staffing company that employed them, accusing it in state court of shorting them on overtime by failing to factor in their holiday incentive pay.
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April 04, 2025
HHS Drops 11th Circ. Fight Over ACA Trans Rule Freeze
The U.S. Department of Health and Human Services agreed to drop its bid to overturn an order blocking it from enforcing regulations that extend the Affordable Care Act's anti-discrimination provisions to transgender individuals against Florida organizations, according to filings with the Eleventh Circuit.
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April 04, 2025
11th Circ. Told Worker Was Illegally Fired Over Anti-Gay Article
A former Miami-Dade County employee on Friday urged the Eleventh Circuit to reinstate his lawsuit alleging he was illegally fired for authoring a transphobic and anti-gay blog post on his own time, saying a policy prohibiting the publication of offensive statements is constitutionally overbroad and violates his First Amendment rights.
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April 04, 2025
Colo. Union Vote Overhaul Hangs In Balance With Veto Threat
A proposal to overhaul Colorado's law requiring unions to go through a second election before negotiating union security clauses is undergoing last-minute discussions over its final form in hopes of thwarting the governor's veto threat.
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April 04, 2025
Texas Goodwill Inks $75K Deal In EEOC Disability Bias Suit
The U.S. Equal Employment Opportunity Commission told a Texas federal court Friday that a Goodwill operation has agreed to pay $75,000 to end the agency's suit alleging the organization illegally declined to hire a deaf applicant for a retail role because "hearing and speaking" were job requirements.
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April 04, 2025
NJ Panel Rules Troopers' CBA Unclear On OT Math
An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.
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April 04, 2025
Crypto Firm Shorted Exec On Wages And Commissions, Suit Says
The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.
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April 04, 2025
LA County Inks Historic $4B Juvenile Sex Abuse Settlement
Los Angeles County announced Friday that it's reached a $4 billion tentative settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, a historic deal described by some as the largest-ever payout of its kind.
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April 04, 2025
Houston Housing Authority Hit With Sex Harassment Suit
A female former Houston Housing Authority Corp. employee has alleged in Texas federal court that she was sexually harassed, dealt with sexist remarks, got demoted and was retaliated against by her supervisor when she worked there.
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April 04, 2025
Seattle Children's Faces Class Action Over Nurse Meal Breaks
A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.
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April 04, 2025
Mich. Top Court Preview: Hospital Liability, Suit Deadlines
The Michigan Supreme Court this month will consider whether it should end employers' ability to contractually shorten limitations periods for workers to sue and will examine if a Corewell Health hospital can be liable for the acts of an independent physician.
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April 04, 2025
DOL Adds To Args Against Injunction On Trump DEI Mandates
The U.S. Department of Labor this week urged an Illinois federal judge to reconsider his analysis of a provision in President Donald Trump's recent executive orders directing federal agencies to terminate "equity-related" grants and to limit the scope of any forthcoming preliminary injunction to the Chicago-based trade group that filed suit challenging them.
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April 04, 2025
Starbucks Illegally Called Cops On Protest, NLRB Judge Says
A National Labor Relations Board judge said Starbucks illegally called the police on organizers who leafleted a cafe in New York state, saying a manager called to suppress the protest and not to protect an organizer or get nonemployees off its property.
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April 04, 2025
Liberty University Can Appeal Trans Bias Case Ruling
A Virginia federal judge has allowed Liberty University Inc. to immediately appeal the non-dismissal of a discrimination suit by a transgender woman fired for transitioning, ruling that it's an open question whether religious exemptions to Title VII apply when a firing is "plausibly as sex-based as it was religion-based."
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April 04, 2025
Trucking Co. Ends Calif. Agency's Conviction Bias Probe
An Iowa-based transportation and logistics company agreed to pay $100,000 to end a California Civil Rights Department investigation into allegations that it unlawfully pulled a job offer because of an applicant's criminal history, according to the state agency.
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April 04, 2025
Unions Call Trump's Federal Worker Bargaining EO Illegal
Six unions representing thousands of federal employees fought against President Donald Trump's executive order looking to cease collective bargaining at several agencies with "national security" focuses, telling a California federal court that the order violates the First and Fifth amendments to the U.S. Constitution.
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April 04, 2025
NY Judge Who Blocked VOA Shutdown Sends Case To DC
The Manhattan federal judge who called the Trump administration's move to shutter Voice of America a "classic case" of arbitrary policymaking on Friday ordered the case transferred to D.C. federal court, but said his restraining order remains in effect.
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April 04, 2025
Trump Gets Supreme Court Win In Teacher Grants Case
The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of unlawful court orders restraining the executive branch's power.
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April 04, 2025
Female Public Defenders Settle Bias Case With Pa. County
A proposed class of unionized female public defenders on Friday settled civil rights claims against Delaware County, Pennsylvania, nearly three years after suing their employer for alleged "systemic, enduring and continuing wage disparity" between male and female attorneys in suburban Philadelphia.
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April 04, 2025
Fox Rothschild Employment Atty Joins Pierson Ferdinand
Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.
Expert Analysis
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What Employers Should Consider When Drafting AI Policies
Excerpt from Practical Guidance
As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.
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Green Card Sponsorship Expectations Reset In 2024
In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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What May Have Led Calif. Voters To Reject Min. Wage Hike
County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars at Edgeworth Economics.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.