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Employment
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March 19, 2025
Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
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March 19, 2025
Ex-Managers, New Boss Want Out Of Tech Co.'s Defection Suit
Three former managers of a Georgia-based payroll software company, along with their new employer, asked a federal judge Wednesday to dispatch with allegations that they engineered a "mass defection" of employees, with the former workers saying they haven't conducted enough business in the Peach State for its courts to touch them.
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March 19, 2025
Ex-Eminem Employee Charged With IP Infringement
A former sound engineer for Eminem was charged Wednesday with criminal infringement of a copyright and interstate transportation of stolen goods for selling about two dozen unreleased songs created by the rapper that were then made public on the internet, according to a criminal complaint filed in Michigan federal court.
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March 19, 2025
ACLU Says Biased AI Tech Boxed Out Deaf Intuit Applicant
Intuit and a human resources technology vendor violated federal and state law by turning away a deaf job applicant after interviewing her using artificial intelligence-based video technology that puts disabled and nonwhite applicants at a disadvantage, the American Civil Liberties Union said Wednesday.
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March 19, 2025
Union Says NY Contractor Owes $1.5M In Contributions
A roofers union, its benefit funds and trustees accused a Long Island contractor of failing to pay at least $1.5 million in contributions, telling a New York federal judge that the company breached its collective bargaining agreement.
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March 19, 2025
Judge Questions Standing In DEI Executive Orders Challenge
A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.
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March 19, 2025
Texas Justices Skeptical Boeing Can Dodge Airline Union Suit
Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."
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March 19, 2025
EEOC, DOJ Advise Workers To Look Out For DEI-Based Bias
The U.S. Equal Employment Opportunity Commission paired with the U.S. Department of Justice on Wednesday to issue guidance explaining how workers can recognize and report bias tied to diversity, equity and inclusion programs, part of the Trump administration's broader effort targeting the practices across public and private workplaces.
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March 19, 2025
NFL Keeps Delaying Wrongful Death Suit, NJ Widow Says
A widow in New Jersey, who is suing the NFL alleging it overworked her late husband to the point of exhaustion and caused his fatal car accident, has told a state court the organization is needlessly trying to delay the case with several postponements already on the record and a recent request for another.
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March 19, 2025
Fired Shipyard Worker Drops COVID Complaints Suit
A fired shipyard worker has dropped his Connecticut state court lawsuit alleging a contractor wrongfully terminated him because he complained about the lack of social distancing in his workspace.
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March 19, 2025
Conn. Barber Says She Faced Anti-Polish Bias, Docked Pay
A former barber at a Greenwich, Connecticut, hair salon has taken her ex-employer to federal court for allegedly discriminating against her for being from Poland, failing to pay overtime, and docking her pay for "house charges" to cover amenities she was never given at work.
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March 19, 2025
Trans Worker Looks To Take Over Bias Case After EEOC's Exit
A transgender woman who claims she was harassed while working at a hog farm told an Illinois federal judge she wants to take over the lawsuit, after the U.S. Equal Employment Opportunity Commission dropped the case because the federal government stopped recognizing transgender individuals.
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March 19, 2025
Goldstein Says Feds 'Misled' Court With Obstruction Claim
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein wants a Maryland federal judge to sanction prosecutors in his tax evasion case for a "pattern of false and misleading statements" to the court accusing him of hiding millions in cryptocurrency and bribing his former law firm manager.
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March 19, 2025
MLM Cosmetics Co. Doesn't Pay Any Wages, Stylist Says
A multilevel marketing company illegally classifies stylists as independent contractors, thus forcing them to foot the bill for promoting the company's products, and only pays workers a commission and for recruiting more stylists, a lawsuit filed in California state court said.
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March 19, 2025
UMass Medical Execs To Face Retaliation Claim In Vax Dispute
The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
University Didn't Pay Wages, Benefits, Faculty Members Say
The now-defunct Union Institute & University cheated 35 faculty members out of wages, and misappropriated and lied about their health insurance benefits, the employees said in a lawsuit filed in Ohio federal court.
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March 19, 2025
Conn. Justices Say ALJs Can Clearly Award Disability Benefits
Reversing a lower court, the Connecticut Supreme Court has ruled that state law plainly empowers administrative law judges to award ongoing temporary disability benefits in workers' compensation cases, such as one brought by a hospital worker whose wrist was damaged restraining a patient.
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March 18, 2025
DC Judge Blocks Trans Military Ban As 'Soaked In Animus'
A Washington, D.C., federal judge on Tuesday blocked the Trump administration from banning transgender people from serving in the military, saying the ban is "soaked in animus and dripping with pretext."
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March 18, 2025
9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed
The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.
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March 18, 2025
Feds Say On-Leave Staffers Don't 'Skirt' Alsup's Rehire Order
The Trump administration Tuesday told Judge William Alsup that fired federal probationary employees are being put on administrative leave as part of the reinstatement process he ordered and not to "skirt" the preliminary injunction, after the judge said Monday putting the workers on leave isn't permissible under his order.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
Let Patent Examiners Telework, Atty Group Tells Lutnick
A trade group of patent lawyers is asking the U.S. Department of Commerce to maintain longtime "telework protections" for patent examiners in the wake of Trump administration initiatives to require in-person work.
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March 18, 2025
6th Circ. Wrestles With Reviving Suit Over Racial Slurs
The Sixth Circuit grappled Tuesday with reopening two Black truck drivers' race harassment suit against their former employer, with the judges quizzing both sides extensively about the severity of racial epithets and whether sufficient precedent exists that backs the workers' case.
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March 18, 2025
Md. Judge Says USAID Dismantling Is Likely Unconstitutional
A Maryland federal judge on Tuesday ruled that Elon Musk and his Department of Government Efficiency likely violated the U.S. Constitution "in multiple ways" in their drive to dismantle the U.S. Agency for International Development.
Expert Analysis
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.