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Employment
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March 26, 2025
Yellow Corp. Says It Reached Ch. 11 Plan Deal With Creditors
A Delaware bankruptcy judge agreed Wednesday to delay his decision on $6 billion of contested claims in Yellow Corp.'s Chapter 11 after attorneys for the defunct trucking group said they reached a plan settlement.
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March 26, 2025
Del. Justices Seek Reasons To Revive Raytheon Incentive Suit
Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.
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March 26, 2025
Hospital To Face Doctor's Libel Claim Over Suspension Report
A North Carolina federal judge has dismissed claims for breach of good faith and emotional distress from a gynecological oncologist's defamation suit against the hospital where he used to work, but let libel and loss of job opportunity claims continue in line with a magistrate judge's recommendation.
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March 26, 2025
DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order
A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.
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March 26, 2025
Worker Says Koch Foods Fails To Pay For Off-Clock Tasks
Koch Foods refused to pay workers for the time they spent putting on and taking off protective gear, and it deducted money from their paychecks if they needed items replaced during a workweek, a proposed class action filed in Illinois federal court said.
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March 26, 2025
Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal
An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.
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March 26, 2025
Need For Individual Analyses Sinks Class Bid In Vax Bias Suit
A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.
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March 26, 2025
Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal
The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.
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March 26, 2025
Colo. Rehab Center Must Face Nurse's Civil Theft Claim
A Colorado rehabilitation center can't escape a nurse's civil theft claim in her suit alleging the center required her to work through meal breaks without proper pay, a federal judge ruled, saying a longer statute of limitation applies.
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March 26, 2025
Trump Admin Asks Justices To End 'Fiscal Micromanagement'
The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.
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March 26, 2025
Kaiser Left Holiday Pay, Incentives Out Of OT, Worker Claims
Healthcare company Kaiser Permanente miscalculated workers' overtime by leaving out rates for extra days of work and holidays, according to a proposed class action filed in Colorado state court.
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March 26, 2025
Goldstein's Devices Must Be Monitored, Judge Affirms
A Maryland federal judge on Tuesday rejected U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein's request to dismiss a bail condition that requires his electronic devices to be monitored out of concerns that he's been hiding millions in cryptocurrency from the government and could flee while facing tax evasion charges.
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March 26, 2025
Crunch Fitness Fails To Pay All Wages, Worker Says
Crunch Fitness failed to pay California-based employees for all their hours worked, improperly calculated their overtime pay and lacked a procedure in place by which workers could accrue paid sick time, a Private Attorneys General Act lawsuit said.
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March 26, 2025
House Panel Urges Labor Head To Keep Subminimum Wage
Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.
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March 25, 2025
Diddy Producer's Atty Gets Warning For 'Shocking' Statement
A New York federal judge threatened counsel for one of Sean "Diddy" Combs' former music producers with sanctions Monday for a pattern of false statements and inappropriate insults in civil sexual assault litigation, calling one statement in the attorney's court filings "not just disturbing, but shocking."
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March 25, 2025
Public-Sector Unions Win Bid To Sue In Fed Court For Firings
U.S. District Judge William Alsup said Monday he has jurisdiction to hear claims from public-sector unions over the mass firing of probationary employees within the federal government, flipping from his position last month and splitting from federal courts that have held the claims must be processed through governing labor agencies.
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
Railroad's Trial Win Axed In Suit Over Worker's Cancer Death
Soo Line Railroad Co. must face a new lung cancer trial arising from the death of a former worker after it improperly elicited surprise expert testimony from the man's treating oncologist, a Missouri appeals court ruled Tuesday.
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March 25, 2025
11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case
Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.
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March 25, 2025
Coupang Must Face Ex-In-House Atty's Whistleblower Suit
A Washington federal judge on Tuesday said e-commerce retailer Coupang can't escape a whistleblower complaint brought by a former in-house attorney who alleges he was fired after bringing attention to alleged unlawful transactions with Iran in 2021.
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March 25, 2025
Ohio Snack-Maker To Pay $1.15M In Worker Wage Settlement
An Ohio federal judge on Tuesday approved a $1.15 million settlement ending a collective action that accused snack manufacturer Shearer's Foods of having employees work overtime without pay, including doing necessary preshift sanitation and preparation work.
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March 25, 2025
NCAA Baseball Coaches Ask Court To OK $49M Wage-Fix Deal
A group of Division I volunteer baseball coaches has asked a California federal court to sign off on a proposed settlement under which the NCAA would pay $49.25 million to roughly 1,000 coaches to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
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March 25, 2025
Coach USA's Ex-Owner Wants WARN Suit Tossed
The private equity firm that used to own bankrupt bus operator Coach USA has asked a New Jersey federal judge to dismiss a lawsuit alleging it and executives of the transportation company didn't provide required notice before layoffs took place last summer.
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March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again
North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
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March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo
A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
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.