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Employment
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January 24, 2025
Companies Risk White House Wrath By Keeping DEI Programs
For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.
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January 24, 2025
Mich. Justices Pass On FCA Employee's Racial Slur Appeal
The Michigan Supreme Court on Friday refused to revive a Black man's racial discrimination lawsuit that alleged his supervisor at FCA US LLC regularly called him a racial slur, although two justices, while concurring with the decision, disagreed that the man insufficiently alleged a racially hostile work environment.
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January 24, 2025
DOL Ends All Contractor Bias Probes Following Trump Order
The U.S. Department of Labor on Friday halted all investigations and enforcement in the wake of President Donald Trump's executive order earlier this week pulling a longstanding, core legal authority used to prevent federal contractors from discriminating against workers.
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January 24, 2025
Ex-Koch Managers' Ask 11th. Circ. To Undo Assault Verdict
The Eleventh Circuit on Friday considered whether to reverse assault and battery verdicts against two former Koch Foods human resource managers accused of inviting an employee to their home, propositioning her and subjecting her to disciplinary action at work when she refused their advances.
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January 24, 2025
BCBS Has 'High Hurdle' For New $13M Trial, Mich. Judge Says
A Michigan federal judge on Friday told Blue Cross Blue Shield of Michigan it had a "high hurdle" to meet for him to say a new trial is warranted, after a jury awarded almost $13 million to a worker who was fired after being denied religious accommodation from the company's COVID-19 mandatory vaccine policy.
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January 24, 2025
Employment Authority: Inside Trump's DEI Takedown
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage rounding up President Donald Trump's orders rolling back diversity programs and LGBTQ rights, how employers need to comply with New York's new prenatal leave law, and why a Starbucks' union contract has lost momentum.
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January 24, 2025
Ill. Justices OK Workers' Injury Suits Over Dormant Diseases
The Illinois Supreme Court answered the Seventh Circuit's call on Friday to clarify the state's Workers' Occupational Diseases Act in a widow's wrongful death lawsuit against Goodrich Corp., finding the statute can apply to claims for asbestos-related cancer and other diseases that manifest belatedly despite the statute's other temporal restrictions.
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January 24, 2025
Delivery Co. Flouted FLSA, Amazon Driver Claims
An independent freight carrier that allegedly contracts with Amazon has been hit with a proposed class action in New York federal court claiming its delivery drivers are deprived of meal breaks, overtime pay and other wages.
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January 24, 2025
Ill. Justices Say Performance Bonuses Count In OT Math
Two workers will have another shot at arguing an electric company failed to pay the proper amount of overtime because state law doesn't exclude performance bonuses from overtime math, the Illinois Supreme Court ruled Friday.
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January 24, 2025
Dems Push For Strong Watchdogs As Trump Retakes Office
House Democrats stressed the vital role government watchdogs and whistleblowers play now that President Donald Trump is back in office and offered their help to the independent agencies charged with protecting them.
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January 24, 2025
EEOC Disability Bias Suit Tossed Following Nixed Evidence
A mortgage and financial services company on Friday defeated a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully refused to hire a woman because she took pain medication, after a Washington federal judge ruled midtrial that a key piece of evidence shouldn't have been shown to jurors.
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January 24, 2025
'Vanderpump Rules' Alum's Racism Suit Sent To Arbitration
A Los Angeles judge has ordered arbitration in "Vanderpump Rules" alum Faith Stowers' racism lawsuit against NBCUniversal Media and Bravo, saying the reality TV personality's contracts clearly required such disputes to be handled outside of court.
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January 24, 2025
LA Prosecutors Close Marilyn Manson Probe Without Charges
Los Angeles County District Attorney Nathan J. Hochman announced Friday he's declining to bring criminal charges against rock star Marilyn Manson, saying domestic violence allegations fall outside the statute of limitations and the office is unable to prove various women's sexual assault claims beyond a reasonable doubt.
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January 24, 2025
FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's
The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently-blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
10th Circ. Unsure Exec's Missed Argument Dooms Firing Suit
A Tenth Circuit judge on Friday asked U.S. Bank whether it matters if a former executive knew he had another jurisdictional argument for his wrongful termination claim but failed to pursue it, in an appeal attempting to revive the executive's second suit.
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January 24, 2025
DOJ Seeks End Of SpaceX Challenge To Immigrant Bias Case
A Texas federal judge on Friday paused a SpaceX lawsuit challenging administrative proceedings against the aeronautics company over its refusal to hire refugees and asylees, after the U.S. Department of Justice said it was considering ways to resolve the case.
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January 24, 2025
EEOC Harassment Guidance Can Remain, For Now
A Tennessee federal judge derailed an effort by a coalition of Republican state attorneys general to pause U.S. Equal Employment Opportunity Commission guidance on workplace harassment, after finding that a recent executive order issued by President Donald Trump may have nullified the legal challenge.
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January 24, 2025
Title Insurer Wants Conn. Atty's Suit Over Audit, Ouster Cut
A Hartford real estate attorney's sprawling lawsuit against title insurer CATIC over an allegedly mishandled audit and his removal from company boards should be significantly trimmed because there was no fiduciary relationship and some parties were not properly served, the defendants told a state court in seeking dismissal of 18 counts.
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January 24, 2025
10 AGs Target Major Banks Over DEI, ESG Initiatives
Major financial institutions in the United States, including Goldman Sachs and JPMorgan, could have made business decisions to follow political agendas, attorneys general from 10 states said, urging them to tackle a series of questions about their diversity and inclusion policies.
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January 24, 2025
Employment Group Of The Year: Shegerian & Associates
Shegerian & Associates won two jury trials for an oncologist in her gender discrimination lawsuit and secured a $14 million award for a bank manager who was fired for taking leave to care for her critically ill husband, earning the firm a place among the 2024 Law360 Employment Groups of the Year.
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January 24, 2025
Ex-Seton Hall President Says Moving Suit Was Right Call
Seton Hall University's former president urged a New Jersey state judge on Thursday to stand by her decision to move his whistleblower suit against the school from Essex County to Hudson County in the face of a reconsideration bid from the university and an attorney at the center of the dispute.
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January 24, 2025
Baldoni Rebuts Atty Ethics Claims In 'It Ends With Us' Fight
A lawyer representing Justin Baldoni has told a New York federal judge that statements his counsel has made to the press regarding the actor and director's thorny litigation with Blake Lively and Ryan Reynolds over the film "It Ends With Us" didn't violate ethical rules or prejudice proceedings.
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January 24, 2025
Thomson Reuters Settles With Ex-Worker Who Criticized BLM
Thomson Reuters has settled a lawsuit claiming it wrongly fired a white data scientist in its Boston office for criticizing the Black Lives Matter movement on a company messaging system, according to a filing in federal court.
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January 24, 2025
Calif. Panel Remands Ex-DA Worker's Bias Suit Over Slur
A California appeals panel reopened a discrimination lawsuit against the San Francisco District Attorney's Office by a Black ex-employee, saying a trial court should evaluate the city's response to a co-worker's racial slur given a state Supreme Court ruling that a single epithet can create a hostile work environment.
Expert Analysis
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Opinion
Trump Should Pass On Project 2025's Disparate Impact Plan
The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.