Employment

  • February 25, 2025

    PLA Amendment Moots Contractor Dispute, Gov't Says

    The federal government has asked the U.S. Court of Federal Claims to dismiss a case challenging the requirement that contractors submit a project labor agreement with their solicitations for government projects, saying the requirement has already been removed from the solicitations at issue.

  • February 25, 2025

    4th Circ. Shuts Down HHS Chemist's 'Grinch' Harassment Suit

    The Fourth Circuit shut down a chemist's bid Tuesday to revive his suit claiming he faced sex bias and retaliatory harassment within the U.S. Department of Health and Human Services when a colleague called him the "Grinch," ruling his case is devoid of proof of discrimination.

  • February 25, 2025

    6th Circ. Upholds County Employee's Pension Retaliation Win

    The Sixth Circuit upheld on Tuesday a $180,000 jury victory in favor of a former Michigan county employee who alleged his pension payments were cut off because he publicly criticized the retirement system, backing a lower court's conclusion that his comments were protected by the First Amendment.

  • February 25, 2025

    Ex-Privacy Board Members Sue Trump Over Firings

    Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.

  • February 25, 2025

    FTC Probing $615M Healthcare Staffing Merger

    Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.

  • February 25, 2025

    5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple

    A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.

  • February 25, 2025

    Payments Weren't Admission Philly Cop Got COVID At Work

    A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.

  • February 25, 2025

    Insulet May Face Choice: $452M Award Or Stifling Rival

    A Boston federal judge on Tuesday suggested that a medical device maker could have to choose between portions of its nine-figure trade secrets verdict it won against a rival or its request for a court order to permanently block sales of products based on the stolen technologies.

  • February 25, 2025

    Attys Seek $1.7M Fees For Union 401(k) Plan Case Settlement

    Lawyers for two elevator company employees who settled a proposed class action against their union's retirement plan for $5 million asked a Pennsylvania federal judge to approve about $1.7 million in attorney fees, saying it represents the standard one-third fee dispensed in these cases.

  • February 25, 2025

    5th Circ. Eyes Congress' Quorum As Texas Fights PWFA

    The Fifth Circuit grappled Tuesday with whether the U.S. Equal Employment Opportunity Commission was rightly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, with several judges struggling to pinpoint whether the U.S. Constitution requires lawmakers' physical presence to have a quorum.

  • February 25, 2025

    Fired Worker Couldn't Justify COVID Vax Refusal, 3rd Circ. Says

    A software engineer who refused to comply with his company's COVID-19 vaccine policy couldn't claim he had a "sincere religious objection" while shielding his medical records from disclosure and vacillating on his reasons, a Third Circuit panel ruled Tuesday.

  • February 25, 2025

    Outdoor Co. Renews Challenge To Fed. Contractor Wage Hike

    An outdoor group renewed its bid to block former President Joe Biden's minimum wage hike for federal contractors after the U.S. Supreme Court declined to review a ruling rejecting the group's preliminary injunction request, telling a Colorado federal court the wage hike is illegal.

  • February 25, 2025

    NJ Appeals Panel Upends Custodians' COVID Pay Award

    A New Jersey appellate court reversed an arbitration award Tuesday granting extra money to school custodians who worked during the COVID-19 state of emergency, saying the award conflicts with a state statute that provided school employees with regular pay throughout the pandemic.

  • February 25, 2025

    Pa. Health System Strikes Deal To Exit Workers' OT Suit

    A Pennsylvania health system reached a deal Tuesday to resolve a proposed class action accusing it of stiffing unionized hospital workers on overtime wages, according to a report filed in federal court announcing a successful mediation.

  • February 25, 2025

    5th Circ. Backs FedEx's Win In Worker's Age Bias Suit

    The Fifth Circuit refused to reopen a former FedEx manager's lawsuit alleging he was terminated because he was in his 50s, finding he couldn't overcome the delivery company's assertion that he was fired for failing to take action when a co-worker brought a BB gun to work.

  • February 25, 2025

    Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight

    A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.

  • February 25, 2025

    VA Fires Another 1,400 Employees Amid Dems' Pushback

    The U.S. Department of Veterans Affairs announced Tuesday it is dismissing another 1,400 probationary employees from "non-mission critical" positions amid criticism from Democrats over a round of cuts announced earlier this month.

  • February 25, 2025

    Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel

    Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.

  • February 25, 2025

    DOL Taps Former Agency Official As Exec Secretary

    The U.S. Department of Labor announced Tuesday that a former agency official who served under President Donald Trump's first administration was appointed as its executive secretary.

  • February 25, 2025

    20 Republican AGs Back Trump's Firing Of Wilcox From NLRB

    A coalition of 20 Republican attorneys general asked a Washington, D.C., federal judge to uphold President Donald Trump's removal of Gwynne Wilcox from the National Labor Relations Board, backing the administration's position that board members' job protections written into the National Labor Relations Act are unconstitutional.

  • February 25, 2025

    King & Spalding Beats Bias Suit Over Summer Program

    King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.

  • February 25, 2025

    Special Counsel Calls Out Illegal Federal Worker Firings

    The firings of six probationary federal employees amid the Trump administration's mission to trim the federal workforce were unlawful, the head of the U.S. Office of Special Counsel said, urging the Merit Systems Protection Board to halt the dismissals while indicating more workers are in the same boat.

  • February 25, 2025

    Jones Day, Married Ex-Associates End Suit Over Family Leave

    Jones Day and two former associates have settled their acrimonious and long-running legal battle over the firm's allegedly sexist family leave policy, they told a Washington, D.C., federal court Tuesday.

  • February 25, 2025

    Union Says Train Co.'s Lawsuit Frustrates Bargaining

    A Florida high-speed rail operator is not bargaining in good faith with a transport workers union by claiming it is not subject to federal railway labor law, the union alleged in a lawsuit filed in federal court Tuesday.

  • February 24, 2025

    9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal

    The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.

Expert Analysis

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • A Look At Calif. Biz Code And The Fight Over Customer Lists

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    To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Series

    After Chevron: The Future Of OSHA Enforcement Litigation

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    The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

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