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Employment
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April 21, 2025
DOJ Defends Wage-Fixing Jury Win From Mistrial Bid
The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.
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April 21, 2025
Dropped Suit Doesn't Support 'Vexatious' Claims, Court Told
The Connecticut employment law firm Hayber McKenna & Dinsmore LLC "cannot ever, under any circumstances" prove that a series of unfair trade practices cases brought by five restaurant chains ended in its favor, so it cannot pursue vexatious litigation claims against two attorneys who filed them, defense counsel said Monday during oral argument in Hartford.
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April 21, 2025
HCA, Workers Eye Mediation in Wage Suit
HCA Healthcare Inc. asked a North Carolina federal court to press pause on a respiratory therapist's class and collective action accusing the company of manipulating workers' time sheets to pay them less overtime wages, saying the parties are planning to attend mediation in July.
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April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight
The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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April 21, 2025
CBS, Male Writer End Bias Suit Over Diversity Quotas
CBS Studios Inc. and its parent have agreed to end a lawsuit brought by a straight white male freelance writer who accused CBS of discriminating against him by repeatedly choosing to hire more diverse candidates for writer roles, according to a stipulation filed in California federal court Friday.
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April 21, 2025
Fired Claims Co. Exec Says Pay Bias Led To Her Ouster
A claims management company paid a former executive less than three of her male colleagues with the same work duties, then fired her after she filed a charge with the U.S. Equal Employment Opportunity Commission, she told a Georgia federal court.
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April 21, 2025
Sacramento State Prof Can Take Race Bias Claims To Trial
A California federal judge is sending race bias claims by a Black lecturer at Sacramento State University to trial, finding a jury needs to parse through his allegations that a colleague may have attempted to sabotage his application to a tenure-track role on the basis of discrimination.
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April 21, 2025
Davis Wright Brings On MoFo Employment Ace In Bay Area
Davis Wright Tremaine LLP announced Monday that the firm has fortified its employment class action group with a partner in San Francisco who came aboard from Morrison Foerster LLP.
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April 21, 2025
Va. City Says It Wasn't Employer Of Atty Bringing FMLA Suit
An attorney cannot sustain his lawsuit accusing the city of Martinsville, Virginia, of unlawfully firing him after he requested leave to care for his mother, the city told a federal court, saying it had no power to terminate him because it was not his employer.
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April 21, 2025
Justices Won't Review Welding Inspector's Contractor Status
The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.
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April 18, 2025
Ex-Katten Partner Hits Firm With $67M Age Bias Suit
A former Katten Muchin Rosenman LLP partner launched a $67 million discrimination lawsuit against his one-time firm in New York federal court, alleging he was pushed out of the aircraft-finance practice group, pressured to resign and then fired because of the firm CEO's "stereotyped views of lawyers in their 60s."
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April 18, 2025
11th Circ. Won't Revive ADA Suit Over Remote Work Firing
The Eleventh Circuit on Friday refused to revive a former call center director's Americans with Disabilities Act suit against a financial services company, holding that the company had legitimate reasons to fire her and reasonably accommodated her request to work from home due to her Crohn's disease during the COVID-19 pandemic.
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April 18, 2025
No Sanctions For Landscaping Co. In OT Suits, Judge Says
It's too soon to determine whether a landscaping company should be sanctioned for its attorneys' failure to produce accurate lists of its current and former employees in a class action alleging unpaid overtime, a Kansas federal judge said, saying both sides' attorneys need to meet.
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April 18, 2025
Trump Moves For More Power To Hire, Fire Federal Workers
The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."
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April 18, 2025
Sunoco Accused Of Age Bias By Ex-Chief Counsel
A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.
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April 18, 2025
Democratic AGs Say Trump Illegally Fired FTC Commissioners
Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause.
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April 18, 2025
Employment Authority: Questions To Ask About AI Tools
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on questions employers should consider before purchasing artificial intelligence tools, a look at how to avoid common overtime claims and the status of the Trump administration's vetting of National Labor Relations Board nominees.
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April 18, 2025
NBA's Suns Sued Again For Harassment, Toxic Workplace
A third former employee of the Phoenix Suns in a five-month span has accused the NBA franchise of discrimination, retaliation and a hostile workplace, with a Hispanic woman suing the Suns on Friday in Arizona federal court.
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April 18, 2025
DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy
The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."
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April 18, 2025
Charter Communications Ends Trade Secrets Suit With Ex-VP
Charter Communications Inc. has settled a trade secrets lawsuit it brought in Connecticut federal court against a former executive it accused of taking confidential information with him when he left for a job with Metronet, one of its competitors, according to a joint stipulation for dismissal.
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April 18, 2025
Ohio Health System Says It Didn't Cheat Workers On Time
Cleveland health system MetroHealth has asked a federal court in Ohio to toss a potential class action alleging a failure to properly pay workers overtime, telling the judge a nursing assistant had not proved the healthcare provider violated the Fair Labor Standards Act.
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April 18, 2025
3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit
The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.
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April 18, 2025
Unions Score Injunction To Stop DOGE's Access To SSA Data
The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.
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April 18, 2025
Del. House Bill Would Exempt Overtime Pay From Income Tax
Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.
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April 18, 2025
Philly Firm Leaders Form Employment, Civil Rights Boutique
Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.