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Employment
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April 04, 2025
Mechanic Sues 3 Auto Cos. Over Finger, Face Scan Practices
Three businesses behind an automobile repair shop and truck rental company in Illinois have been hit with a proposed biometric privacy class action from a former mechanic who says the companies illegally used fingerprint and facial scanners to track employees' work time.
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April 04, 2025
Mortgage Lender Sues US For $5M In Worker Credit Refunds
The Internal Revenue Service owes a mortgage lender $5 million in refunds for worker tax credits after it had to suspend operations during the pandemic, the lender told a California federal court, saying the agency denied one of its claims for credits without conducting an audit.
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April 04, 2025
Insurance Co. Can't Nix Religious Bias Suit Over Vax Mandate
A Rhode Island federal judge declined to toss an insurance company worker's suit claiming he was illegally fired for refusing to get vaccinated against COVID-19 for religious reasons, ruling he showed his faith was sincere enough to keep his claims in court.
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April 04, 2025
Child Therapists Reach $127K Deal To End Wage Suit
A Georgia children's therapy provider agreed Friday to pay about $127,000 to resolve a collective action accusing it of failing to pay registered behavior technicians for time they spent working before appointments, performing administrative work and doing other off-the-clock work.
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April 03, 2025
NC Biz Court Trims Semiconductor Co.'s Trade Secrets Suit
A North Carolina Business Court judge has permitted the majority of a silicon carbide technology company's suit to proceed against two former executives and the competitor they allegedly helped unfairly compete against it, preserving its claims that they took off with trade secrets.
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April 03, 2025
Swedish Health Services Found Liable For Wage Violations
A Washington state judge has put Seattle-area hospital system Swedish Health Services on the hook for state wage law violations in an employee class action, finding workers were shortchanged by its timekeeping practices and failure to provide a second meal break on longer shifts.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
Texas Appeals Court Reverses Exxon's $25M Insurance Win
A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.
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April 03, 2025
Unvaxxed Firefighters Face Skeptical 9th Circ. In Firing Appeal
A panel of Ninth Circuit judges questioned the argument made Thursday by eight Washington fire and rescue workers fired after refusing COVID-19 vaccinations, challenging their claim that COVID-19 infections did not create an undue hardship for their department.
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April 03, 2025
7th Circ. Doubts SuperValu's Bid To Lower $22.5M Pension Bill
The Seventh Circuit appeared Thursday to lean against a grocery store's effort to lower its $22.5 million union pension bill, with multiple judges challenging the employer's argument that stores sold months before a complete fund withdrawal should be excluded from its annual payment calculation.
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April 03, 2025
Colo. Orthodontist Says Dentist Group Owes $400K In Wages
A dentist group owes a Colorado orthodontist more than $400,000 in wages and fired him for participating in a Texas arbitration involving the company, according to a lawsuit filed in Colorado state court.
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April 03, 2025
Kroger, Albertsons Argue Colo. No-Poach Suit Is Preempted
Kroger Co. and Albertsons urged a Colorado federal judge to toss a worker's proposed class action claiming the grocers violated state antitrust law with a no-poach agreement, arguing Thursday that the claims are exclusively governed by federal labor law.
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April 03, 2025
Ex-Cop Asks 11th Circ. To Revive Bias Suit Against Fla. City
A former Opa-Locka, Florida, police officer has urged the Eleventh Circuit to revive her gender and age discrimination suit against the city over her termination after she filed a complaint with the U.S. Equal Employment Opportunity Commission.
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April 03, 2025
UFC Asks Court To Deny Class Cert. In Fighters' Antitrust Suit
UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.
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April 03, 2025
5th Circ. Upholds Shriners' Firing Of Unvaxxed Workers
The Fifth Circuit on Wednesday refused to revive a lawsuit accusing Shriners Hospitals for Children of wrongfully firing employees who refused to get vaccinated against COVID-19, shooting down terminated workers' contention that the hospital, acting for the government, violated their right to refuse a vaccine through a mandatory vaccination policy.
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April 03, 2025
Trump Makes First Use Of Mexico Labor Enforcement Tool
The Trump administration called on Mexico to investigate "credible" allegations of worker rights violations at a Mexico City auto parts plant Thursday, marking the Trump administration's first use of a labor-specific enforcement tool first implemented five years ago.
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April 03, 2025
DOGE Cuts Overlook Long-Standing Bids To Improve IRS
As President Donald Trump moves to downsize the federal government, the new administration may be missing an opportunity to evaluate long-standing proposals that aim to make the Internal Revenue Service run more efficiently, such as major technology upgrades and improving the dispute resolution process.
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April 03, 2025
Ex Jushi Exec Says Pot Co. Fired Him For Whistleblowing
The former chief operating officer for Jushi Holdings Inc. is suing the cannabis company, saying he was wrongly terminated after working to ensure the company's facilities met safety and compliance standards.
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April 03, 2025
Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims
A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.
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April 03, 2025
Instagrammer Fights To Keep Dad In Nevada IP, Likeness Suit
Influencer and professional poker player Dan Bilzerian is urging a Nevada federal court not to dismiss his father from a suit alleging that he directed the vape and lifestyle brand that Bilzerian helped start to continue using Blizerian's name and likeness even after he was pushed out of the company.
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April 03, 2025
Echoing EEOC, Red State AGs Target Law Firms Over DEI
A dozen Republican state attorneys general on Thursday urged 20 law firms to fork over information the U.S. Equal Employment Opportunity Commission requested last month about their workplace diversity practices, doubling down on the acting EEOC chair's claim that those practices may be unlawful.
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April 03, 2025
11th Circ. Urged To End For-Cause Firing Of Tax Court Judges
A widow and former licensed practical nurse urged the Eleventh Circuit on Thursday to eliminate a code provision that only allows for-cause removal of U.S. Tax Court judges — saying it restricts presidential power — or else declare the provision unconstitutional because the Tax Court isn't a part of the executive branch.
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April 03, 2025
Law Firm Fights Ex-Paralegal's Anonymity Bid In Bias Suit
A former paralegal at a Pennsylvania law firm made speculative and illogical arguments to take her identity away from her overtime and retaliation suit, the firm said Thursday, urging a federal court to keep her name known.
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April 03, 2025
2nd Circ. Says NLRB Severance Doesn't Stop Enforcement
The Second Circuit has joined a handful of other circuits in finding that it can rule on a National Labor Relations Board enforcement request when the agency has severed part of the underlying case, rejecting a broadcaster's bid to escape an order to bargain.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
Expert Analysis
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Series
Birding Makes Me a Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.