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Employment
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March 31, 2025
Hegseth Wants Single Fitness Standard For Combat Roles
Defense Secretary Pete Hegseth has ordered military leaders to revise their physical fitness standards for service members in combat roles, saying the standards need to be "sex-neutral," with no exceptions for current troops.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Minimum Wage Orders Blocked For H-2A Farmworkers In Wash.
The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.
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March 31, 2025
NY Law Allows Ex-Thompson Hine Atty's Harassment Suit
A former Thompson Hine LLP income partner who accused the firm of allowing a "toxic boys club" to flourish at its New York office may continue to pursue the bulk of her harassment claims, a federal judge ruled Monday, finding that a New York law ending forced arbitration of sexual harassment claims invalidates an arbitration agreement.
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March 31, 2025
Va. Judge Halts Firings Of Intelligence Officers In DEI Posts
A Virginia federal judge on Monday blocked the Trump administration from following through with terminating intelligence officers assigned to diversity, equity and inclusion roles in the CIA and U.S. Office of the Director of National Intelligence.
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
School District Argues To Toss Ex-Athletic Director's Bias Suit
The former athletic director for a Western Pennsylvania school district failed to show the connection between her second pregnancy and her firing a month after returning from leave, the school district said in a motion to dismiss the ex-employee's federal lawsuit Monday.
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March 31, 2025
Levi Strauss 'Sandbagged' By Bias Case Witness, Court Told
Levi Strauss urged the California federal judge overseeing a former marketing director's sex-discrimination suit to exclude the woman's therapist from testifying at trial about the alleged emotional distress she suffered while employed by the denim manufacturer, saying Monday that the company was "sandbagged" at the last minute with the witness.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
NJ Panel Denies Double Pay For Union In COVID Case
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Trump Chooses DOL Wage Chief
President Donald Trump on Monday nominated Andrew Rogers, acting general counsel for the U.S. Equal Employment Opportunity Commission, to run the U.S. Department of Labor's Wage and Hour Division, a role that along with the labor secretary oversees wage rulemaking and enforcement.
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March 31, 2025
JB Hunt Drivers Urge 9th Circ. To Revive Piece-Rate Wage Suit
Delivery truck drivers urged the Ninth Circuit to revive their wage-and-hour suit alleging J.B. Hunt used a piece-rate formula that did not separately compensate for tasks done off-the-clock, which included fueling trucks or completing paperwork, arguing Monday the company's system ultimately failed to pay drivers for all hours worked.
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March 31, 2025
Ex-Bridgewater Execs Forced To Arbitrate Discrimination Suit
A Connecticut federal judge on Monday agreed to force arbitration of a dispute from two former Bridgewater Associates LP executives alleging discrimination against the multibillion-dollar asset management firm.
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March 31, 2025
US Steel Beats Fired Medical Pot Patient's Fed. ADA Fight
A Pennsylvania federal judge on Friday granted U.S. Steel summary judgment on a medical cannabis patient's Americans with Disabilities Act claims in a lawsuit alleging the steel giant wrongfully fired him for his medical marijuana license and off-the-job marijuana use.
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March 31, 2025
South Dakota Moves To Halt NCAA NIL Settlement Rollout
South Dakota asked a state court on Monday to stop the NCAA from putting in place a $2.78 billion settlement with athletes in their class action over name, image and likeness compensation, one week before a scheduled hearing for final approval in California federal court.
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March 31, 2025
USPTO Cuts Not A Source Of Savings For Trump, Attys Say
As the Trump administration focuses on shrinking the federal government and reducing agency headcount, the U.S. Patent and Trademark Office should be spared from layoffs and other disruptions because it's fully funded by user fees, attorneys told Law360.
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March 31, 2025
Ex-MSPB Member Asks Full DC Circ. To Hear Firing Case
Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.
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March 31, 2025
10th Circ. Hands Server New Trial In Sexual Harassment Case
The Tenth Circuit granted a former server a new trial Monday on her sexual harassment and retaliation claims against a golf club restaurant, citing "puzzling" jury findings that cleared the restaurant of wrongdoing but awarded the server $125,000 in damages.
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March 31, 2025
Conn. High Court Urged To Expand Amazon Wage Questions
Amazon workers asked Connecticut's top court to expand two questions certified from the Second Circuit over whether post-shift anti-theft screenings should have been compensated, saying the time workers spent walking to screening areas is also part of the issue.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Judge Says Ga. School's Bias Defenses 'Odd' And 'Odder'
A Georgia chiropractic school must face a former groundskeeper's claims that he was fired on bogus grounds because he reported his boss for helping his girlfriend steal company time, after a federal judge dinged the school Monday for the "weakness" of its defenses and suggested it may have falsified records to justify the worker's ouster.
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March 31, 2025
EMS Workers Get Nothing In Wage Suit Against NC County
A North Carolina county violated the Fair Labor Standards Act by underpaying emergency medical services workers during certain pay periods, but the workers are not entitled to any extra money because they were overpaid at other times, a federal judge determined Monday.
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March 31, 2025
Workplace Misconduct Infrequent In Fed. Courts, Survey Says
The vast majority of federal judiciary employees say they have not experienced discrimination, harassment or abuse at work, but many of those workers are still reluctant to report misconduct when they do experience it, according to a report issued Monday.
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March 31, 2025
Justices Probe Wis. Denial Of Exemption To Catholic Charities
Justices of the U.S. Supreme Court seemed deeply skeptical Monday that Wisconsin was on firm constitutional grounds in denying an unemployment tax exemption to a group of Catholic charities because, as the state claimed, they were not operated primarily for religious purposes.
Expert Analysis
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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.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.