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Employment
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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.
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April 04, 2025
Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ
In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.
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April 04, 2025
More Than 500 Law Firms Sign Onto Perkins Coie Amicus
A group of 507 law firms, including Munger Tolles & Olson LLP and Covington & Burling LLP, have signed onto an amicus brief filed Friday supporting Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the law firm.
Expert Analysis
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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.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.