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Employment
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February 06, 2025
Trump's Trans Military Ban Violates Constitution, Suit Says
A group of transgender service members and a human rights organization sued the Trump administration Thursday in Washington federal court, asserting his executive order banning transgender people from serving in the military is discriminatory and unconstitutional.
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February 06, 2025
ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules
The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.
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February 06, 2025
No Imminent Plans To Publish Jan. 6 FBI Agents List, DOJ Says
FBI agents were unable to strike a deal Thursday that would block the federal government from releasing a list of FBI employees who investigated the Jan. 6, 2021, insurrection at the U.S. Capitol, but the U.S. Department of Justice told a judge it does not immediately intend to make that information public.
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February 06, 2025
Colo. Panel Upholds State Attys' Immunity In Defamation Row
A Colorado appeals panel on Thursday upheld the dismissal of a state economist's defamation claims against two government lawyers, finding that nothing in the state's government immunity statute carves out an exception for lawyers and that professional misconduct does not automatically cancel lawyers' immunity.
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February 06, 2025
UFC Fighters Get Final Approval For $375M Settlement
A Nevada federal judge granted final approval Thursday to a $375 million settlement in a more than a decade-long class action in which fighters accused UFC of suppressing their wages, according to a lead attorney on the case.
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February 06, 2025
Papa John's Franchisee Fails To Pay All Wages, Worker Says
A Papa John's franchise owner failed to properly pay workers minimum wage and overtime pay and did not provide workers with meal and rest periods, according to a lawsuit filed in California state court.
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February 06, 2025
Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit
A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.
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February 06, 2025
Former Steelworkers Union Secretary Cops To Embezzlement
A former financial secretary for the United Steelworkers in Freedom, Pennsylvania, has changed his plea to guilty in an embezzlement case brought against him, Acting United States Attorney Troy Rivetti of the Western District of Pennsylvania announced Thursday.
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February 06, 2025
Gutted By Trump Executive Order, OFCCP Scrubs Its Website
The Office of Federal Contract Compliance Programs quietly removed years of policy directives, conciliation agreements and guidance from its website, following President Donald Trump's rescission of a 60-year-old legal authority the agency used to stop federal contractors from discriminating against workers.
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February 06, 2025
Yellow Corp. Scores Partial Win In $540M Pension Plan Row
Bankrupt trucking firm Yellow Corp. has secured a partial victory on summary judgment in a $540 million fight with several union pension funds, with a Delaware bankruptcy judge saying the funds set the company's withdrawal liability too high.
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February 06, 2025
Nixon Peabody Adds Greenberg Glusker Cannabis Co-Chair
Nixon Peabody LLP is boosting its West Coast litigation team, bringing in a former federal prosecutor, who was most recently the founder and co-chair of the cannabis practice at Greenberg Glusker LLP, as a partner in its Los Angeles office.
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February 06, 2025
Musk's Access To Records Blocked In DOGE, Treasury Suit
A Washington, D.C., federal judge on Thursday approved a consent order blocking Elon Musk and additional Department of Government Efficiency employees from accessing the federal government's payment systems, although a "special government employee" will have limited access as the Treasury Department and suing plaintiffs spar over a preliminary injunction.
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February 06, 2025
NJ Personal Injury Firm Hit With Bias Suit From Fired Atty
A solo personal injury attorney is suing his former firm in New Jersey state court alleging that he was discriminated against based on his Ecuadorian heritage and because of his requests for accommodations when he became a father.
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February 06, 2025
Union Funds Call For Sanctions In CBA Fight With Crane Co.
Benefit funds for an Operating Engineers local asked a Michigan federal court to adopt a magistrate judge's recommendation of sanctions against a crane rental company in the parties' contributions spat, accusing the business of being "blatantly disingenuous" in its objections to her findings.
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February 06, 2025
Jay-Z Gets Nod To Withdraw Sanctions Bid Against Buzbee
Rapper Jay-Z has dropped his sanctions bid against Texas attorney Tony Buzbee for filing a lawsuit that claims Jay-Z and Sean "Diddy" Combs raped a 13-year-old more than 20 years ago, accusations he has called "knowingly false."
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February 06, 2025
Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit
A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.
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February 06, 2025
Inspection Workers Get Collective Status In Wage Suit
A Pennsylvania federal judge on Thursday signed off on a collective of inspectors accusing an inspection services firm of shorting them on wages, saying the employees showed in their suit that they were all subject to the same pay policy and thus sufficiently similar.
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February 06, 2025
Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told
A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.
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February 06, 2025
Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism
One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 06, 2025
XPO Says Ex-Account Execs Poached Its Customers For Rival
Logistics company XPO Inc. is accusing two ex-employees of violating their nonsolicitation and confidentiality agreements by poaching its clients after leaving to work for a rival firm, but the workers say the contracts are unenforceable, anyway.
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February 05, 2025
Cuomo Faces Skeptical Panel In AG Document Lawsuit
Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.
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February 05, 2025
Jay-Z Sex Assault Suit Invalid Under Law, Rapper Says
A suit accusing Shawn "Jay-Z" Carter of sexually assaulting a 13-year-old with Sean "Diddy" Combs more than 20 years ago is invalid because it was filed under a New York City civil rights statute that didn't exist at the time of the alleged incident, the rapper said in a dismissal bid Tuesday.
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February 05, 2025
Colo. University Hit With Suit Over 'Culture Of Chauvinism'
A doctor and former genetics researcher at the University of Colorado sued the institution in Denver federal court on Tuesday alleging her supervisor created a "culture of chauvinism and misogyny" and that she was fired and badmouthed throughout the industry after complaining.
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February 05, 2025
DOL Scores Partial Win In Farmworker Union Wage Rate Fight
A Washington federal judge has granted the U.S. Department of Labor a partial win in a farmworker union's challenge to federal policies that have allegedly depressed farmworker wages, concluding that some claims challenge DOL actions that aren't final agency actions.
Expert Analysis
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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.
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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.