Employment

  • February 04, 2025

    Trump Trans Care Order Usurps Congress' Power, Suit Says

    The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.

  • February 04, 2025

    Ex-Meta Marketing Director Alleges Sex Bias, Retaliation

    A former Meta marketing director sued the tech giant in federal court Monday for sex discrimination and retaliation, saying despite her "distinguished" 15 years working to grow the company, she was treated differently than male peers, chastised for complaining about bias and discrimination, and booted after taking mental health leave.

  • February 04, 2025

    1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row

    The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.

  • February 04, 2025

    5th Circ. Backs Biden's Gov't Contractor Wage Hike

    The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.

  • February 04, 2025

    Severance Pact Sinks Ex-Mercedes Exec's Age, Race Bias Suit

    The Sixth Circuit upheld the dismissal Tuesday of a former executive's suit claiming the financial arm of Mercedes-Benz pushed her out of the company due to age and racial bias, rejecting her argument that a severance agreement she signed before suing the business wasn't enforceable.

  • February 04, 2025

    NCAA Says Wis. Football Player's Suit Claims 'False Dilemma'

    The NCAA is pushing back against a University of Wisconsin football player's request for a temporary injunction against its allegedly anticompetitive eligibility rule, arguing the rule achieves the exact opposite by giving more students the opportunity to play.

  • February 04, 2025

    Don't Let Trump's Changes Touch Patent Office, IP Attys Urge

    U.S. President Donald Trump's executive order shake-ups have drawn the ire of intellectual property lawyers, who are complaining about how the prospect of mass resignations of federal workers, a hiring freeze and the end of telework policies will impact their work in front of the U.S. Patent and Trademark Office.

  • February 04, 2025

    NLRB Attys Won't Address Member Removal In 5th Circ. Row

    National Labor Relations Board attorneys told the Fifth Circuit that they won't defend NLRB members' firing protections at a Feb. 5 hearing on the agency's constitutionality in the wake of the president's removal of a board member and appointment of a new acting prosecutor.

  • February 04, 2025

    Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact

    Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.

  • February 04, 2025

    UPS, Ex-VP Resolve Race Bias Suit Over Promotion Dispute

    UPS agreed to end a Black former vice president's lawsuit claiming she was passed over for promotion and then replaced by a less experienced white subordinate whom she had trained, according to a Tuesday filing in Georgia federal court.

  • February 04, 2025

    4th Circ. Revives FCA Suit Alleging Faked Therapy Notes

    The Fourth Circuit on Monday sided with a whistleblower who accused her former employer of creating fake notes about addiction therapy sessions that never happened, finding that she had sufficiently detailed the allegations and connected the dots to defeat a motion to dismiss.

  • February 04, 2025

    FBI Agents, Workers Sue To Stop Trump's Threatened Purge

    FBI staff members filed two suits against the Trump administration on Tuesday in D.C. federal court, seeking to stop the president from compiling a list of agents and employees who worked on investigations into the Jan. 6, 2021, insurrection and his retention and storage of classified documents.

  • February 04, 2025

    Trans Deputy's Bias Case Hits Headwinds At 11th Circ.

    The full Eleventh Circuit grappled Tuesday with whether a county health plan's coverage exclusions for gender-affirming surgery conflicted with a 2020 U.S. Supreme Court decision, with several judges taking issue with a panel's ruling that found coverage denials for a transgender employee's vaginoplasty amounted to unlawful discrimination.

  • February 04, 2025

    Pa. Fines Allegheny Co. Contractor For Misclassified Workers

    An Allegheny County contractor will pay $144,000 to settle claims from the Pennsylvania Department of Labor and Industry that it had misclassified nearly 200 workers, the department announced Monday.

  • February 04, 2025

    Insurer Points To Limits In McDonald's Franchisees' Policies

    An insurer told a Washington federal court that it owes limited coverage to two McDonald's franchisees it insures in suits accusing them of illegally withholding specific pay figures in job postings. 

  • February 04, 2025

    Entertainment Cos. Stiff Workers On Wages, Suit Says

    A former stagehand is suing the entertainment companies behind Coachella and many sporting events in California state court, saying she and other hourly workers are required to drive as much as three hours away from their homes for work without any compensation.

  • February 04, 2025

    Dem School Advocate Says Bias Complaints Led To Firing

    The former Massachusetts director of a pair of Democratic educational advocacy groups said she was subjected to retaliatory criticism and then fired after raising concerns about a new CEO's treatment of women and decision to partner with a conservative organization.

  • February 03, 2025

    'Nowhere To Go': Neil Gaiman Accused Of Raping Ex-Nanny

    "American Gods" author Neil Gaiman has for decades engaged in a pattern of sexual misconduct, including repeatedly raping a woman hired to care for his young son, while his estranged wife Amanda Palmer did nothing to stop the abuse, according to a federal lawsuit filed Monday in Wisconsin.

  • February 03, 2025

    5th Circ. Panel Split On NLRB Case After Post-Loper Remand

    Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.

  • February 03, 2025

    DOJ Creates Multiagency Task Force Targeting Antisemitism

    The U.S. Department of Justice announced Monday that it is putting together a multi-agency task force to investigate and prosecute antisemitic crimes, including harassment in schools and on college grounds, in response an executive order issued last week by President Donald Trump.

  • February 03, 2025

    5th Circ. Won't Revisit HHS Win On Scope Of ACA

    The Fifth Circuit has declined to conduct an en banc rehearing after an appellate panel upheld a U.S. Department of Health and Human Services rule that said the Affordable Care Act forbids against transgender bias in healthcare, but one judge argued the court got its analysis wrong.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Trump Names Head Of NLRB's Los Angeles Office Acting GC

    President Donald Trump appointed the director of the National Labor Relations Board's Los Angeles office as the agency's acting general counsel Monday, allowing William Cowen to occupy the seat left vacant by the ousters of Biden-era general counsel Jennifer Abruzzo and the most recent acting general counsel, Jessica Rutter.

  • February 03, 2025

    Allergan Tells 4th Circ. Medicaid Pricing Suit Rightly Tossed

    Allergan told the Fourth Circuit that a district court judge was right to dismiss a whistleblower's claims that its predecessor overcharged Medicaid by not aggregating discounts, saying the Medicaid Rebate Statute doesn't require it to do so.

  • February 03, 2025

    11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits

    The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.

Expert Analysis

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • A Primer On Navigating The Conrad 30 Immigration Program

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    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

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