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Employment
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February 07, 2025
Apple Drops Suit Over Leaks To Press As Engineer Apologizes
A California judge on Thursday granted Apple's request to drop a lawsuit against a former employee who allegedly leaked sensitive company information to journalists and others, the same day the software engineer issued a public apology for his "profound and expensive mistake."
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February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity
The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims
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February 07, 2025
9th Circ. Judge Doubts Justices' FLSA Test Fits Cracker Barrel
A Ninth Circuit judge was skeptical Friday of Cracker Barrel's bid to upend an order granting servers collective status based on the U.S. Supreme Court's recent ruling that Fair Labor Standards Act exemptions don't warrant heightened evidence standards, telling counsel the justices' conclusion "doesn't seem like a tight fit" for this case.
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February 07, 2025
Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks
The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.
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February 07, 2025
Wis. Football Player Gets Additional Year Of Eligibility
A federal judge has granted a University of Wisconsin football player another year of eligibility, overriding the NCAA's five-year-rule and noting that the landscape of college athletics has shifted.
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February 07, 2025
Judge OKs $2.7M In Atty Fees From $23M FBI Sex Bias Deal
A D.C. federal judge on Friday approved $2.7 million in fees for attorneys representing a class of women accusing the Federal Bureau of Investigation of holding them to sexist double standards, part of a $22.6 million settlement resolving the lawsuit.
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February 07, 2025
Teamsters Pension Plan Overseers Skirt Mismanagement Suit
The caretakers of a Teamsters pension plan dodged a mismanagement lawsuit Friday, with a New York federal judge dismissing the plan participants' claims that the plan's trustees and advisers greenlighted risky investment decisions and hefty plan management fees.
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February 07, 2025
Employment Authority: Ex-NLRB Member's Firing Suit Impact
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of the impact of former National Labor Relations Board member Gwynne Wilcox's suit challenging her firing, how libertarian law firms will continue their fight against rules the U.S. Department of Labor rolled out during Joe Biden's presidency and what employers can do if they want to maintain diversity, equity and inclusion programs after President Donald Trump's anti-DEI push.
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February 07, 2025
Construction Groups Push To Ax DBA Final Rule For Good
The U.S. Department of Labor made rootless arguments to save its final rule updating how prevailing wages are calculated under the Davis-Bacon Act, construction groups told a Texas federal court, continuing their push to entirely ax the already partially blocked rule.
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February 07, 2025
Pa. Medical Pot Co. Beats Consultant's IP Breach Claims
A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.
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February 07, 2025
Jewish Woman Says Discrimination At Tesla Led To Her Layoff
Tesla is facing a discrimination and retaliation lawsuit in Texas state court from a former sales staffer who says she was subjected to a hostile workplace because she is Jewish and a woman and was then booted from the company after complaining about the bias to human resources.
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February 07, 2025
Ex-Mass. State Sen. Gets 18 Months For Pandemic, Tax Fraud
A former Massachusetts state senator was sentenced to 18 months in prison Friday after being convicted of fraudulently collecting pandemic unemployment benefits and failing to report consulting income he was also earning at the time on his tax returns.
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February 07, 2025
9th Circ. Backs Ex-Bank Auditor's $1.5M Retaliation Suit Win
The Ninth Circuit upheld a $1.5 million jury verdict in favor of a former bank auditor who claimed he was fired for flagging evidence of wrongdoing, finding evidence suggesting he was treated differently from other workers was enough to back up the jurors' decision.
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February 07, 2025
Pa. Bank Settles Fired Worker's Sex Harassment Suit
Republic First has agreed to settle a worker's suit claiming she was fired for refusing sexual advances from her manager under the pretext that she mismanaged her cash drawer, according to a filing in Pennsylvania federal court.
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February 07, 2025
Ariz. Cardinals, Owner Accused Of Harassing Ex-Assistant
A former assistant to Arizona Cardinals owner Michael Bidwill has sued both him and the team in state court, claiming that her former boss "unmercifully harassed" her through an assortment of erratic and intimidating behavior.
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February 07, 2025
Ohio Airport Authority Blasts 'Drastic Relief' In Scabby Row
An Ohio airport authority called on a federal judge to nix a union's amended complaint fighting a policy it says places restrictions on picketing and displaying inflatables like Scabby the Rat, arguing the union lacks standing because its claims are based on hypothetical events.
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February 07, 2025
Judge Won't Block DOGE Access To Labor Dept. Data
A Washington, D.C., federal judge declined Friday to block Elon Musk's Department of Government Efficiency from accessing sensitive U.S. Department of Labor data, saying that while he "harbors concerns" about privacy risks, the suing labor unions haven't established standing.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 07, 2025
Agribusiness Co., Ex-Worker Settle Stolen Clients Claims
An agricultural firm and a former employee it accused of pilfering confidential information on his way out the door in a bid to steal clients have reached a deal to resolve the firm's claims, according to a court order.
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February 07, 2025
Amazon To Pay $3.95M To End DC Tip Fraud Suit
Amazon will pay $3.95 million to resolve a lawsuit the Washington, D.C., attorney general launched accusing the company of misleading consumers to believe that all of the tips they left went directly into drivers' pockets, a Friday news release said.
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February 07, 2025
Judge Blocks USAID From Putting 2,200 Workers On Leave
A D.C. federal judge on Friday issued a "limited" temporary restraining order blocking the U.S. Agency for International Development from putting 2,200 employees on paid administrative leave and ordering the agency to reinstate 500 employees already on leave.
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February 07, 2025
Pullman & Comley Escapes Ex-Tech CEO's Legal Ethics Claim
A Connecticut state judge ruled that the former CEO of WorldQuant Predictive Technologies LLC cannot sue Connecticut law firm Pullman & Comley LLC over the loss of $6 million in WorldQuant stock, determining that he should have raised those concerns earlier in the termination process.
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February 07, 2025
GEO Group Urges Full 9th Circ. To Weigh $23.2M Wage Case
A Ninth Circuit panel decision holding GEO Group to Washington state's minimum wage standards discriminated against the federal government, the private prison giant argued, urging the full court to mull a case that has the company on the hook for $23.2 million.
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February 07, 2025
Applicant Seeks Group Status For Workday Age Bias Claim
A spurned job applicant urged a California federal court to confer collective action status on his claim that Workday's automated hiring tools violate federal age discrimination law, saying the artificial intelligence platform's similar treatment of older job seekers was enough to warrant representative status.
Expert Analysis
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.