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Employment

  • November 25, 2025

    9th Circ. Offers Mixed Ruling On Jack In The Box Wage Claims

    A trial must address whether Jack in the Box willfully deducted too much from workers' wages, the Ninth Circuit ruled on Tuesday, flipping workers' win on claims the fast-food company over-deducted their wages while reviving their claims over deductions for nonslip shoes.

  • November 25, 2025

    Delta Retirees Seek Court Clearance For Benefits Class Action

    A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.

  • November 25, 2025

    3rd Circ. Restores NCAA Junior-College Eligibility Rule

    An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.

  • November 25, 2025

    Court Rejects Cherokee Entity's Push To End Bias Dispute

    A Missouri federal court judge won't reconsider an order that denied a bid by a Cherokee Nation entity to dismiss a discrimination claim lodged last year by a former employee, saying it failed to show why a second chance is warranted.

  • November 25, 2025

    CSX Must Face Jury On Retaliation Claim, 2nd Circ. Says

    Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.

  • November 25, 2025

    Texas Woman Says Business Group CEO Assaulted Her

    The founder of a Texas business advocacy group is suing the state's largest business association and its CEO, saying he maneuvered his way to head her group and used his leverage to try to coerce her into a sexual relationship, then assaulted her.

  • November 25, 2025

    4th Circ. OKs Fees In Health Co. Workers' OT Suit

    A healthcare company must pay $410,000 in attorney fees and costs in overtime suits filed by nearly a dozen former employees, the Fourth Circuit ruled Tuesday, upholding a lower court's calculations after initially rejecting them.

  • November 25, 2025

    Teamsters Say UPS' 'Roadie' Siphons Off Union Work

    A Teamsters unit has sued UPS in Illinois federal court, alleging the company is undermining a collective bargaining agreement covering about 10,000 workers in Chicago by giving bargaining unit work to a subsidiary called Roadie.

  • November 25, 2025

    Jefferson Health Sued Over Handling Of 'Mass Layoff'

    Thomas Jefferson University's healthcare division has been hit with a proposed class action alleging the institution violated the Worker Adjustment and Retraining Notification Act when it recently laid off over 500 workers.

  • November 25, 2025

    Legal Challenge To EEOC Disparate Impact Pivot Tossed Out

    A D.C. federal judge on Tuesday threw out a suit from a former Amazon delivery driver who accused the U.S. Equal Employment Opportunity Commission of unlawfully refusing to investigate charges premised on a disparate impact theory, finding the worker didn't have standing to bring the case.聽

  • November 25, 2025

    Unions Say More Info Is Needed In DOGE Data Access Dispute

    A union coalition urged a New York federal judge Monday to order the federal government to disclose how much access to federal workers' personal information it gave the Department of Government Efficiency and what the White House unit formerly headed by Elon Musk did with that information.

  • November 25, 2025

    3rd Circ. Backs Pa. City's Win In Worker's Sex Bias Suit

    The Third Circuit has declined to reinstate a former Reading, Pennsylvania, mayor's office employee's sexual discrimination claim against the city, rejecting her argument that an investigation into her after reporting alleged harassment by a male colleague was a pretext for firing her later.

  • November 25, 2025

    DOJ Official Sues Over Firing For Epstein Talk On Hinge 'Date'

    A longtime official at the U.S. Department of Justice who was fired after he was secretly recorded discussing the Epstein files has sued the agency and U.S. Attorney General Pam Bondi in D.C. federal court.

  • November 25, 2025

    Insurance Broker Says Competitor Stole Employees, Clients

    The parent company of insurance brokerage Trucordia told聽the聽Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.

  • November 25, 2025

    Marketing Cos. Say Ex-CFO, Husband Stole Over $5M

    A Georgia woman and her husband are facing a new round of fraud claims in federal court from a group of healthcare marketing companies that have alleged she used her position as their onetime chief financial officer to embezzle nearly $5.7 million out of their coffers.

  • November 25, 2025

    MSG Seeks To Boot Atty From Ex-Exec's Bias, Retaliation Suit

    A Reavis Page Jump LLP attorney representing a former Madison Square Garden security executive in a discrimination suit is too enmeshed in the facts of the case, MSG said, urging a New York federal court to kick the lawyer and firm off the suit if it's not outright dismissed.

  • November 25, 2025

    Texas Law Firm, Atty Reach Tentative Deal In Age Bias Suit

    An attorney who sued a Houston-based law firm alleging she was fired in retaliation for having complained about age discrimination has reached "a tentative agreement" to resolve the matter, according to a filing in Illinois federal court.

  • November 25, 2025

    Littler Names New Co-Chair Of Women's Leadership Group

    The longtime co-chair of Littler Mendelson's PC's drugs and alcohol practice group has been named co-chair of the firm's Women's Leadership Initiative, succeeding a partner who is retiring after close to 32 years at the firm.

  • November 25, 2025

    NJ Panel Confirms Utility Co. Misclassified Workers

    A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.

  • November 25, 2025

    NJ Hospital Fired Doc In Bid 'To Get Younger,' Suit Says

    A New Jersey physician who worked in the neonatal intensive care unit at Hackensack University Medical Center was fired because of his age, according to a complaint filed this week in New Jersey state court.

  • November 25, 2025

    Health System Can't Dodge Worker's Time-Rounding Claims

    An Ohio county health system can avoid a nursing assistant's claim that it failed to pay semimonthly wages on time, but she can continue pursuing her claims that the company illegally rounded down workers' time, a federal judge ruled.

  • November 25, 2025

    Winston & Strawn Promotes 18 To Partner

    Winston & Strawn LLP has elevated 18 attorneys to partner, two shy of last year's class.

  • November 25, 2025

    Employer Name Error Doesn't Nix Arb. Award, 6th Circ. Says

    A Michigan power plant operator must rehire a union-represented worker who it fired after he was approved for long-term disability, the Sixth Circuit ruled, upholding an arbitration award against Holtec over its protests that the company was misnamed in the paperwork.

  • November 25, 2025

    DOL Seeks To End 5th Circ. Fiduciary Rule Battle

    The U.S. Department of Labor asked the Fifth Circuit to dismiss two appeals defending a package of Biden-era investment advice regulations that had expanded the definition of a fiduciary under the Employee Retirement Income Security Act, which two Texas courts had blocked in 2024.

  • November 25, 2025

    Ogletree Deakins Welcomes Saber Law Employment Atty In SF

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its West Coast team, bringing in a Saber Law Group employment litigator as a shareholder in its San Francisco office.

Expert Analysis

  • Workday Case Shows Auditing AI Hiring Tools Is Crucial

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    Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

  • Identifying The Sources And Impacts Of Juror Contamination

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    Jury contamination can be pervasive, so it is important that trial teams be able to spot its sources and take specific mitigation steps, says consultant Clint Townson.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of聽Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Series

    Writing Novels Makes Me A Better Lawyer

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    Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at聽BakerHostetler.

  • Personnel File Access Laws Pose New Risks For Employers

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    The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at聽Tannenbaum Helpern.

  • Trader Joe's Ruling Highlights Trademark Infringement Trends

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    The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York鈥檚 recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a 鈥渒eep everything鈥 approach, says Philip Favro at Favro Law.

  • What's At Stake In Justices' Merits Hearing Of FTC Firing

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    In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • How Calif. Law Cracks Down On Algorithmic Price-Fixing

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    Gov. Gavin Newsom signed two laws this month significantly expanding state antitrust enforcement and civil and criminal penalties for the use or distribution of shared pricing algorithms, as the U.S. Department of Justice has recently wielded the Sherman Act to challenge algorithmic pricing, say attorneys at Pillsbury.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together 鈥 a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

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