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Employment
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April 10, 2025
3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row
A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.
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April 10, 2025
Amazon Can Withhold Flex Driver Names In Tip Case For Now
A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.
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April 10, 2025
Amazon Worker's Brother Denied Win In Life Insurance Fight
The children of an Amazon worker can proceed with their claim that their uncle exercised "undue influence" to get named as a beneficiary on their father's life insurance plan, an Ohio federal judge said Thursday, noting the Employee Retirement Income Security Act did not preempt the allegations.
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April 10, 2025
3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit
The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.
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April 10, 2025
Fired Gas Co. CFO Offers To Settle Conn. Suit For $1.7M
The former chief financial officer of Hocon Gas Inc. will accept $1.7 million to drop his lawsuit against the company and its owner over alleged unpaid phantom shares and retaliatory firing, according to a filing in Connecticut Superior Court.
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April 10, 2025
CSX Accused Of Punishing Workers For FMLA Leave
Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.
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April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling
A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
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April 10, 2025
Mondelez In-House Atty Returns To Ogletree Deakins In NJ
Ogletree Deakins Nash Smoak & Stewart PC's Morristown, New Jersey, office this week has welcomed back a former partner with 15 years of legal experience who left the firm for an in-house role at the food company Mondelez International.
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April 10, 2025
Insurer Denies $3M Legal Fees After Worker Death Settlement
An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.
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April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read
The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat
Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
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April 10, 2025
DraftKings Engineer's Suit Over Parental Leave Narrowed
A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.
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April 10, 2025
Thompson Hine Appeals Arbitration Denial In Harassment Suit
Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.
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April 10, 2025
6th Circ. Backs Ford In Race, Sexual Harassment Suit
The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
Trump Instructs Agencies To Quietly Repeal Regs If Possible
President Donald Trump on Wednesday directed federal agencies to prioritize repealing regulations that don't comply with a list of recent U.S. Supreme Court decisions regarding, among other things, the environment, administrative courts and affirmative action, instructing them to do so without public notice and comment if possible.
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April 09, 2025
FBI Agent Denounced By OneTaste Execs Likely To Testify
An FBI agent accused of misconduct by two former OneTaste executives will likely be allowed to testify at their upcoming trial on forced labor conspiracy charges, a Brooklyn federal judge said Wednesday.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit
Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
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April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'
A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says
A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
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April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case
Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
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April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge
A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
Expert Analysis
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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.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.