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Employment
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October 06, 2025
8th Circ. Revives Part Of Legal Tech Worker's OT Dispute
The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.
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October 06, 2025
Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit
The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.
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October 06, 2025
High Court Won't Weigh NLRB 'Substantial Evidence' Standard
The U.S. Supreme Court will not take up an Oregon distillery's challenge to how federal courts weigh whether to affirm National Labor Relations Board decisions, declining Monday to place a case on its docket that questioned what is known as the substantial evidence standard of review.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
DJ Company Misclassified Workers, NJ Panel Rules
A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.
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October 06, 2025
Baseball's Antitrust Exemption Escapes High Court Review
The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.
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October 06, 2025
Mass. Justices Say Harvard Must Face Cadaver Theft Claims
Massachusetts' highest court on Monday reinstated claims against Harvard University over what one justice called a "ghoulish" and "macabre scheme" by its former medical school morgue manager to dissect, steal and sell body parts from donated medical research cadavers.
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October 06, 2025
Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit
The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.
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October 06, 2025
High Court Won't Revisit Packaging Co.'s Win In ADA Case
The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday聽declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Justices Deny Certiorari In Auditor's $1.5M Retaliation Suit
The U.S. Supreme Court on Monday聽declined to hear Axos Bank's petition challenging a $1.5 million award to a former auditor who claimed he was fired for whistleblowing, rejecting a matter that concerns how companies defend against such retaliation claims.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Decline Case Over Scope Of Forced Arbitration Ban
The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.
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October 06, 2025
Justices Skip Fight Over NJ Healthcare Worker Vax Mandate
The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.
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October 06, 2025
Justices Won't Weigh If Home Care Travel Time Compensable
The U.S. Supreme Court declined on Monday to review whether the time that home health aides spend traveling between clients' homes is compensable in a case brought by the U.S. Department of Labor.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.聽
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket聽鈥 over presidential authorities, transgender athletes and election law聽鈥 in what might be a strategically slow start to a potentially momentous term.聽Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Portland Labor Peace Rule Not Preempted By NLRA, City Says
The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
New York Jets Hit With Firing Suit Over Harassment Report
A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Amazon Union Seeks To Defend New York's NLRB Fill-In Law
The Amazon Labor Union has asked a New York federal judge to let it defend a New York law empowering state enforcers to fill in for the beleaguered National Labor Relations Board, saying Amazon's bid to nullify the new law imperils an unfair firing charge it filed with the state.
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October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case
A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
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October 03, 2025
Employment Authority: Religion, Pregnancy Top EEOC Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what the U.S. Equal Employment Opportunity Commission got up to over the last fiscal year, why Trump's聽National Labor Relations Board picks are set to face tough questions at their Senate confirmation hearings, and a roundup on where child labor laws stand in the United States.聽
Expert Analysis
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government鈥檚 increased scrutiny of, and importers鈥 corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges 鈥 like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions 鈥 can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean 鈥淒iddy鈥 Combs show how disclosure timing can substantially affect defendants鈥 ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers鈥 analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it鈥檚 more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.