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Employment
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February 03, 2025
Drexel Owes Prof $350K After Equal Pay Jury Win, Judge Says
A Pennsylvania federal judge said Drexel University owes a philosophy professor $350,000 in damages after a jury found she was willfully paid less than male colleagues out of bias, rejecting the university's position that the award should be reduced because it did not deliberately violate equal pay laws.
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February 03, 2025
Former Acting DOL Head Heads To Harvard As Spring Fellow
Former acting Labor Secretary Julie Su will join the Harvard Kennedy School Institute of Politics as a spring 2025 fellow, the university announced.
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February 03, 2025
IRS Defends Process For Denying Worker Credit Claims
The Internal Revenue Service defended its process for rejecting applications for pandemic-era worker tax credits that it deems too risky to pay out, telling an Arizona federal court that contrary to the claims of two companies suing the agency over denials, its response has been reasonable.
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February 03, 2025
Kroger, Albertsons No-Poach Suit Back In Colo. Court
A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.
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February 03, 2025
NCAA Hit With New Suits As NIL Settlement Trudges Ahead
At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal
A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.
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February 03, 2025
BofA, Merrill Lynch Say Arbitration Policy Covers Bias Suit
Two Black financial advisers' suit accusing Bank of America and subsidiary Merrill Lynch of handing more opportunities to white men belongs in arbitration, the companies told a New York federal court, saying an arbitration policy shared with employees the day the suit was filed covers their claims.
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February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias
A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
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February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says
The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
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February 03, 2025
Trump Furthers NLRB Shakeup By Firing Acting NLRB GC
President Donald Trump continued his shakeup of leadership at the National Labor Relations Board by firing acting general counsel Jessica Rutter, an agency spokesperson confirmed Monday.
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January 31, 2025
McDonald's Settles Suit Over Latino College Scholarships
McDonald's told a Tennessee federal court on Friday that it is revising its Latino scholarship program to get rid of requirements for applicants to be of Hispanic or Latino heritage, ending a lawsuit lodged by a group that had successfully sued Harvard University over its affirmative action policies.
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January 31, 2025
New York Scores Win In Reproductive Rights Labor Law Suit
A New York federal judge Friday tossed an anti-abortion group's lawsuit challenging a New York state law that bars employers from penalizing workers for making certain reproductive health decisions, saying on the five-year anniversary of the case that the group lacked standing to assert its last remaining claim.
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January 31, 2025
Pipeline Inspector Asks Justices To Deem Him An Employee
A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.
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January 31, 2025
NCAA Settles States' Suit Challenging NIL Restrictions
The NCAA has reached a settlement with a coalition of states, led by Tennessee and Virginia, that's been challenging its ban on name, image and likeness compensation for student athletes being recruited by institutions, according to a notice filed Friday in Tennessee federal court, exactly one year after the suit was filed.
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January 31, 2025
Justices Implored To Consider Tipster Medical Device Row
A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.
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January 31, 2025
Trump Ties DOT Funds To Immigration And Other Dictates
The Trump administration's Department of Transportation says it's not going to provide federal assistance to any states that don't comply with its efforts to deport as many people as possible or those that have vaccine or mask mandates.
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January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit
A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
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January 31, 2025
SpaceX Likely To Beat Sanctions Bid In Pay Equity Case
A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.
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January 31, 2025
Employment Authority: Impact Of Trump's NLRB Firings, EOs
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of President Donald Trump's myriad moves on labor and employment law in his first days in office: how the firings of top National Labor Relations Board officials affect the agency, how his recent executive order ending a six-decade-old nondiscrimination directive for federal contractors could lead to False Claims Act suits and four questions arising from Trump's offer for federal workers to resign and receive paid administrative leave.
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January 31, 2025
3rd Circ. Backs DOL's $7M Win In Care Co. Wage Suit
The Third Circuit refused on Friday to overturn a $7 million judgment in favor of the U.S. Department of Labor in its lawsuit against a home care company, saying the time workers spent traveling between clients' homes is fundamental to their jobs and must be compensated.
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January 31, 2025
Transcription Co. Hit With Wage Action Over Unpaid Prep Time
A Colorado worker for Vitac Corp., which provides transcription and closed captioning services using artificial intelligence, filed a proposed collective action in federal court on Friday alleging she and other employees weren't paid for preparation tasks necessary to perform their jobs.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
University Of Ill. Trustees Want SEIU's Free Speech Suit Nixed
The University of Illinois' board of trustees called on a federal judge to find that the board can lawfully bar comments about collective bargaining issues at public meetings, disputing arguments from a Service Employees International Union local that the ban on these discussions is unreasonable and violates the First Amendment.
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January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial
SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
Expert Analysis
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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How Trump Admin May Approach AI In The Workplace
Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.