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Employment
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October 27, 2025
USPTO, NWS Unions Try Blocking Order Ending Labor Rights
Two unions that represent employees at the U.S. Patent and Trademark Office and the National Weather Service have asked a District of Columbia federal judge for a preliminary injunction to block an executive order ending their collective bargaining rights, saying the order relied on a flawed finding that the two agencies have national security as a primary function.
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October 27, 2025
Wash. AG Tells 9th Circ. Seattle DEI Policies Protect Workers
The Washington state attorney general joined several voices urging the Ninth Circuit to back Seattle's defeat of a white former employee's lawsuit challenging the city's diversity, equity and inclusion programs, arguing that thoughtful diversity initiatives "uplift," rather than violate, the law.
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October 27, 2025
Trump Asks Justices To Stay Copyright Chief's Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to stay a D.C. Circuit ruling that reinstated the fired leader of the U.S. Copyright Office while she challenges her removal, arguing that allowing a terminated official to remain in place causes irreparable harm to the president's authority.
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October 27, 2025
NC Fire Chief Settles Race Bias Suit, For Real This Time
A Charlotte, North Carolina, fire chief says he has reached a settlement with the city over his claims of racial bias, years after he thought the deal was done the first time.
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October 27, 2025
Feds Fight Union Bid To Protect Jobs During Gov't Shutdown
The Trump administration is fighting a group of unions' request for a California federal judge to block the government from laying off federal workers during the shutdown, saying the injunction request from eight unions is far too broad.
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October 27, 2025
Temp Agency Placed Unqualified Nursing Aides, Charges Say
A Massachusetts temporary staffing agency sent unqualified nursing aides into at least four healthcare facilities by misrepresenting their credentials, and it allowed one of them to use the identity of a former employee, the state's attorney general alleged in an indictment announced Monday.
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October 27, 2025
3rd Circ. Skeptical That Union Prez's Case Took Too Long
A Third Circuit panel seemed skeptical Monday that a former union leader convicted of embezzlement was denied a speedy trial by being tried alongside ex-International Brotherhood of Electrical Workers business manager John Dougherty, who was sent to jail in a sprawling corruption case.
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October 27, 2025
Colo. Doctor Sues Ex-Employer For Disability Discrimination
A Colorado emergency physician has filed a discrimination lawsuit against his former employer, alleging the healthcare provider terminated him because of his disability and accommodation requests.
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October 27, 2025
Pa. Hospital Workers Seek Initial Approval For OT Suit Deal
A health system agreed to a $70,000聽deal to end a proposed class action alleging it failed to pay unionized hospital workers proper overtime wages, according to an unopposed motion for preliminary approval that the workers filed in Pennsylvania federal court Friday.
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October 27, 2025
NC District Attorney Pans Race Bias Lawsuit As 'Inflammatory'
A Black assistant district attorney's race bias lawsuit accusing her boss of discriminating against her should be tossed as the assistant DA failed to show she was an "employee" under Title VII, nor did she allege enough to underpin her retaliation claims, a North Carolina federal court was told.
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October 27, 2025
'Terrifier' Actor Sues Filmmakers Over Royalties, Nude Scene
An actor from the first "Terrifier" movie sued the filmmakers in California federal court Sunday, saying she is potentially owed millions of dollars in royalties and was subjected to sexual harassment and unsafe conditions during filming, including performing a nude scene without consent.
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October 27, 2025
Baldoni Says Insurer Must Join Calif. Lively Coverage Dispute
Justin Baldoni, the "It Ends With Us" lead and director facing sexual harassment claims from co-star Blake Lively, asked a New York federal court to dismiss an insurer's lawsuit seeking to avoid coverage, noting that he and other insureds have already filed a similar coverage action in California state court.
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October 27, 2025
Target To Pay $4.6M To End Warehouse Workers' Wage Claims
Target has agreed to pay $4.6 million to a class of about 13,700 warehouse team members who said they were denied pay for time they spent going from their distribution centers' entrances to their time clocks, according to a filing in New Jersey federal court.
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October 27, 2025
Houston Atty Rejoins Ogletree Deakins From In-House Role
Management-side employment law firm Ogletree Deakins announced Monday that a Houston-based shareholder has returned to the firm after serving for more than a year as assistant general counsel to David Weekley Homes.
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October 24, 2025
DC Circ. Wonders If Prosecutor's Bias Suit Was Killed Early
The D.C. Circuit may revive the discrimination claims of an assistant U.S. attorney in Washington who says she was given more work than her white male colleagues, not because the panel took much stock in her claims, but because the lower court improperly quashed them.
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October 24, 2025
Employment Authority: EEOC Faces Policy Pivot Pushback
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the lawsuits brought against the聽U.S. Equal Employment Opportunity Commission for reversing course on certain legal positions, how the government shutdown is impacting the National Labor Relations Board, and why exports are hopeful the U.S. Supreme Court may answer whether聽last-mile drivers are exempt from arbitration requirements.聽
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October 24, 2025
Curaleaf Urges Block On NJ Pot Shop Union Rule
Curaleaf asked a New Jersey federal judge Friday to block state cannabis industry regulators from making cannabis retailers sign labor peace agreements with unions, saying the requirement treads on the retailers' rights under the National Labor Relations Act.
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October 24, 2025
Jury Awards $3.65M To Hotel Manager In Sex Harassment Suit
A former assistant manager at a Howard Johnson in聽Queens, New York, was awarded $3.65 million in damages after a federal jury found the hotel violated state and city anti-harassment laws by failing to address her complaints about residents' violent behavior and sexual comments.
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October 24, 2025
X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late
Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."
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October 24, 2025
DC Circ. Urged To Freeze DOT's Immigrant Truck Driver Rule
Immigrant drivers and unions on Friday asked the D.C. Circuit for an emergency pause on a new U.S. Department of Transportation rule that blocks certain immigrants from driving commercial trucks and buses, denying that these drivers pose safety risks permitting the agency to immediately cut off licensing.
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October 24, 2025
Off The Bench: NBA Gambling Woes, Golfer's $50M Trial Win
In this week's Off The Bench, the NBA faces a gambling scandal during its opening week, a Florida jury hands golfer Jack Nicklaus a $50 million victory in his defamation lawsuit, and DraftKings and the NHL step into the realm of prediction markets.
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October 24, 2025
Ex-Denver Police Officer Alleges Racial Discrimination
A former Denver police officer has filed a federal lawsuit against the city, alleging the Denver Police Department subjected him and other Black officers to systemic racial discrimination.
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October 24, 2025
Pa. County Beats Fired Prosecutor's Retaliation Suit
A Pennsylvania county on Friday escaped a lawsuit from a former assistant district attorney who said he was fired for complaining that the district attorney was treating women and employees with disabilities more harshly than men, with a federal judge ruling the county wasn't his employer.
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October 24, 2025
Immigration Firm, Ex-CFO Settle Money Misuse Claims
The ex-chief financial officer for a Virginia immigration law firm has settled her former employer's lawsuit alleging she routed firm funds to companies she controls and charged the company for personal expenses, court records show.
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October 24, 2025
RunItOneTime Tells Judge Debtor In Talks For More DIP Cash
RunItOneTime LLC told a Texas bankruptcy judge on Friday it is in talks with its post-petition financing lender for more funds as it prepares to face the loss of operating cash from assets subject to sales the debtor hopes to close.
Expert Analysis
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Opinion
It's Time For The Judiciary To Fix Its Cybersecurity Problem
After recent reports that hackers have once again infiltrated federal courts鈥 electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.
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Workday Case Shows Auditing AI Hiring Tools Is Crucial
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.
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Identifying The Sources And Impacts Of Juror Contamination
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.
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Pa. Court Reaffirms Deference To Workers' Comp Judges
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.
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Series
Writing Novels Makes Me A Better Lawyer
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.
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Personnel File Access Laws Pose New Risks For Employers
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.
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Trader Joe's Ruling Highlights Trademark Infringement Trends
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.
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SDNY OpenAI Order Clarifies Preservation Standards For AI
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.
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What's At Stake In Justices' Merits Hearing Of FTC Firing
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.
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Examining The Quietest EEOC Enforcement Year In A Decade
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.
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State Paid Leave Laws Are Changing Employer Obligations
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.
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In NY, Long COVID (Tolling) Still Applies
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.
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How Calif. Law Cracks Down On Algorithmic Price-Fixing
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.
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3rd Circ. Ruling Forces A Shift In Employer CFAA Probes
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.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
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.