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Employment

  • November 26, 2025

    DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court

    The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.

  • November 26, 2025

    Ex-Amarin CEO Loses Suit Over Ouster After Proxy Fight

    A New Jersey federal judge on Wednesday tossed a lawsuit against聽Amarin Pharmaceuticals Inc. from its former CEO over his removal, finding that the allegations did not amount to "good cause" under Swiss law and that no qualifying "change of control" occurred to trigger severance benefits.

  • November 26, 2025

    Updated Deal To End School Bus Driver's Wage Suit Gets OK

    A Georgia school district will pay nearly $9,000 to end a former bus driver's Fair Labor Standards Act suit alleging it didn't pay her for three months after she returned from an injury-related leave, with a federal judge finding the parties had addressed issues with a previous version of the settlement.聽

  • November 26, 2025

    2nd Circ. Revives Bid For SSA Disability Benefits Over Anxiety

    An administrative law judge must reconsider the Social Security Administration's denial of a former security guard's disability benefits, a split Second Circuit panel found, concluding that the judge needs to back up her determination that the worker's anxiety wouldn't impede his ability to keep a job.

  • November 26, 2025

    Ex-Media Exec Launches Counter Fees Bid In Severance Fight

    A former media executive is pushing back on聽Morgan Lewis & Bockius LLP's聽demand for more than $500,000 in legal fees, arguing that a New Jersey federal court should instead award him more than $600,000 in fees because he is actually the prevailing party in a suit against his former employer over severance pay.

  • November 26, 2025

    Nurse For App-Based Health Co. Can't Revive Retaliation Suit

    A Washington appeals court refused to revive a nurse's suit claiming she was fired from an app-based medical provider for complaining that it underpaid and overworked independent contractors, ruling she failed to show her termination was because of her concerns rather than reports that she was unprofessional.

  • November 26, 2025

    Abbott Accused Of Miscalculating Workers' Overtime

    Abbott Laboratories miscalculated employees' overtime by failing to include periodic award pay in the regular rate of pay when they worked more than 40 hours per week, a former employee said in a proposed collective action in Illinois federal court.

  • November 26, 2025

    6 December Argument Sessions Benefits Attys Should Watch

    Workers who say Prudential mismanaged their retirement savings will ask the Third Circuit to reinstate their class action, while a union pension fund will ask the Eighth Circuit to put General Electric back on the hook for a $230 million in pension withdrawal liability. Here's a look at six upcoming oral argument sessions benefits attorneys should have on their radar.

  • November 25, 2025

    AI Jury Simulator Says Fired Co-Founder Stole Trade Secrets

    Artificial intelligence jury simulator Juries.ai sued its recently fired co-founder, claiming he has refused to hand over control of a number of the company's accounts or return its source code and other confidential information, according to a complaint filed in California federal court.

  • November 25, 2025

    6th Circ. Backs Theater In Ex-Manager's Sex Harassment Suit

    A former movie theater manager can't reopen her lawsuit claiming her boss' repeated requests for a date and inappropriate comments created an unlawfully toxic workplace, with the Sixth Circuit ruling Tuesday that she hadn't shown his sporadic invites created an abusive environment.

  • November 25, 2025

    Ex-Coach Kelly Urges LSU To Declare Firing Without Cause

    Louisiana State University's fired football coach Brian Kelly聽said he would be willing to withdraw his lawsuit against the school over his Oct. 26 firing if it confirms in writing that he was terminated without cause and agrees to pay him about $54 million in damages.

  • 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.

Expert Analysis

  • Opinion

    It's Time For The Judiciary To Fix Its Cybersecurity Problem

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    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.

  • 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.

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