Appeals court overturns order that stripped some protections from pregnant Texas state workers

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By ALEXANDRA OLSON

NEW YORK (AP) — A federal appeals court has upheld a law strengthening the rights of pregnant workers, vacating a judge’s earlier order that had stripped those protections from Texas state employees.

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The ruling was a victory for advocates of the Pregnant Workers Fairness Act, a law that passed with bipartisan support in 2022 but quickly became embroiled in controversy over whether it covers workers seeking abortions and fertility treatments.

A federal judge last year blocked enforcement of the Pregnant Workers Fairness Act for Texas state employees, ruling that its passage was unconstitutional because a majority of House members were not physically present to approve the law as part of spending package in December 2022.

In a 2-1 decision, the Fifth Circuit appeals court disagreed, finding that the law was properly passed under a COVID-19 pandemic-era Congressional rule allowing members to vote by proxy to meet the quorum requirement.

The Pregnant Workers Fairness Act strengthens the rights of women to receive workplace accommodation for needs related to pregnancy and childbirth, such as time off for medical appointments and exemptions from heavy lifting. Its passage came after a decades long campaign by women’s advocacy groups highlighting the struggles of pregnant workers, especially those in low-wage roles, who were routinely forced off the job after requesting accommodations.

The Texas case differed from other lawsuits that have narrowly focused on federal regulations stating that abortion, fertility treatments and birth control are medical issues requiring protection under the new law. The lawsuit, filed by Texas Attorney General Ken Paxton, instead took aim at the entirety of the Pregnant Workers Fairness Act, drawing opposition from Republican lawmakers including former Senate Majority Leader Mitch McConnell, who defended the pandemic-era proxy voting rule.

Under the Trump administration, the Department of Justice has continued to fight Paxton’s lawsuit, which if successful, could help open the door to legal challenges of other pandemic-era laws passed by proxy.

Paxton’s office did not reply to emails seeking comment, and it was not clear whether he would appeal Friday’s ruling. The Justice Department declined to comment.

“This is a big win for women’s rights. We are really happy to see that the Fifth Circuit agreed with us that the Pregnant Workers Fairness Act was passed constitutionally and will continue to fight for the PWFA to stay legal,” said Inimai Chettiar, president of a Better Balance, an advocacy group that spearheaded the campaign for passage of the law.

Texas state employees are not immediately protected, however, because the appeals court ruling doesn’t become final for several weeks to give time for a possible appeal, Chettiar said.

Conservative officials and religious groups, meanwhile, have been largely successfully in challenging the regulations passed by the Equal Employment Opportunity Commission, which established that workers seeking abortions are entitled accommodations.

In May, a federal court struck down the abortion provisions of the EEOC regulations in response to lawsuits brought by states of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses.

The Trump administration is almost certain to comply with that ruling. President Donald Trump in January fired two of the EEOC’s democratic commissioners, paving the way for him to quickly establish a Republican majority at the agency. EEOC Acting Chair Andrea Lucas, a Republican, has signaled her support for revising the regulations, arguing the agency exceeded its authority by including not only abortion but fertility treatments and birth control as medical needs covered by the law.

FTC sues ticket reseller, saying it illegally exceeded purchase limits for Taylor Swift, other shows

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By DEE-ANN DURBIN

The U.S. Federal Trade Commission filed a lawsuit Monday against a ticket broker, alleging the company used illegal tactics to exceed purchasing limits for popular events and then resold tickets at significantly higher prices.

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In a lawsuit filed in federal court in Maryland, the FTC said Maryland-based ticket broker Key Investment Group has used thousands of fictitious Ticketmaster accounts and other methods to buy tickets for events, including Taylor Swift’s Eras Tour.

According to the FTC, Key Investment Group – which does business under brand names like Epic Seats and Totally Tix – purchased at least 379,776 tickets from Ticketmaster between Nov. 1, 2022, and Dec. 30, 2023. The company spent nearly $57 million to buy the tickets and resold them on secondary marketplaces for approximately $64 million.

For just one Taylor Swift concert, Key Investment Group allegedly used 49 different accounts to purchase 273 tickets, dramatically exceeding the Eras Tour’s 2023 six-ticket purchase limit per event, the FTC said. Fans were so frustrated by the difficulty getting tickets for Swift’s tour that the U.S. Senate wound up grilling Ticketmaster in a 2023 hearing.

In a statement released Monday, Key Investment Group said it will vigorously defend itself against the FTC’s lawsuit.

“The case threatens to dismantle the secondary ticket market for live events, further consolidating power in the hands of the industry’s largest monopoly,” the company said.

Key Investment Group said the FTC is misapplying the Better Online Ticket Sales Act, a 2016 law which it said was meant to target malicious software, not legitimate resale businesses. Key Investment Group sued the FTC in July to try to prevent the agency from using the law against it, saying it uses human employees — not bots — to buy tickets.

But the FTC said that law also prohibits anyone from circumventing security measures and other controls meant to enforce posted ticket limits.

In March, with Kid Rock by his side in the Oval Office, President Donald Trump signed an executive order directing U.S. officials to ensure ticket resellers are complying with Internal Revenue Service rules. The order also directed the FTC to ensure “price transparency at all stages of the ticket-purchase process” and to “take enforcement action to prevent unfair, deceptive, and anti-competitive conduct in the secondary ticketing market.”

Maine police officer arrested by ICE agrees to voluntarily leave the country

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By PATRICK WHITTLE

OLD ORCHARD BEACH, Maine (AP) — A Maine police officer arrested by immigration authorities has agreed to voluntarily leave the country, U.S. Immigration and Customs Enforcement said Monday.

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ICE arrested Old Orchard Beach Police Department reserve Officer Jon Luke Evans, of Jamaica, on July 25, as part of the agency’s effort to step up immigration enforcement. Officials with the town and police department have said federal authorities previously told them Evans was legally authorized to work in the U.S.

An ICE representative reached by telephone told The Associated Press on Monday that a judge has granted voluntary departure for Evans and that he could leave as soon as that day. The representative did not provide other details about Evans’ case.

Evans’ arrest touched off a dispute between Old Orchard Beach officials and ICE. Police Chief Elise Chard has said the department was notified by federal officials that Evans was legally permitted to work in the country, and that the town submitted information via the Department of Homeland Security’s E-Verify program prior to Evans’ employment. Assistant Secretary of Homeland Security Tricia McLaughlin then accused the town of “reckless reliance” on the department’s E-Verify program.

FILE – This image provided by the U.S. Immigration and Customs Enforcement shows Jon Luke Evans. (U.S. Immigration and Customs Enforcement (ICE) via AP, File)

E-Verify is an online system that allows employers to check if potential employees can work legally in the U.S.

The town is aware of reports that Evans plans to leave the country voluntarily, Chard said Monday.

“The town reiterates its ongoing commitment to meeting all state and federal laws regarding employment,” Chard said in a statement. “We will continue to rely on the I-9 Employment Eligibility Verification form and the E-Verify database to confirm employment eligibility.”

ICE’s detainee lookup website said Monday that Evans was being held at the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island. However, a representative for Wyatt said Evans had been transferred to an ICE facility in Burlington, Massachusetts. ICE officials did not respond to requests for comment on the discrepancy. It was unclear if Evans was represented by an attorney, and a message left for him at the detention facility was not returned.

ICE officials said in July that Evans overstayed his visa and unlawfully attempted to purchase a firearm. WMTW-TV reported Monday that Evans’ agreement to a voluntary departure means he will be allowed to leave the U.S. at his own expense to avoid being deported.

Gophers defensive end Anthony Smith ‘can be the best’

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Going into this season, Koi Perich has received the most buzz of any Gophers defensive player, being named to a slew of watch lists for national awards and mentioned on various All-America teams.

Minnesota Gophers defensive linemen Jah Joyner (17), Anthony Smith (9) and Jalen Logan-Redding (97) are photographed during the team’s football media day in Minneapolis on Wednesday, July 12, 2023. (John Autey / Pioneer Press)

But the Esko native might not be the most dangerous play-wrecker on that side of the ball.

Imposing and versatile defensive lineman Anthony Smith ranked 12th in the Big Ten in tackles for lost yards (11 1/2) last season, and the 6-foot-6, 285-pounder is the Gophers’ best bet to keep alive the program’s six-year streak of having a first- or second-round NFL draft pick.

New defensive coordinator Danny Collins has been around the U program for the entirety of head coach P.J Fleck’s nine-year tenure. He thinks Smith has the highest ceiling of any D-lineman in that span, including Seattle’s second-round pick Boye Mafe.

“I think Anthony Smith can be the best one to ever play here, since we’ve been here on the defensive line,” Collins said Monday. “What he’s able to do in terms of playing defensive end, like you said, moving inside (to tackle), pass rushing, stopping the run.The guy takes care of his body. He’s a leader, taking that next step as well. I think the sky is the limit for him.”

With last year’s top defensive ends, Jah Joyner and Danny Striggow, getting shots in the NFL, Smith’s role will be vital this fall. Robbinsale Cooper product Jaxon Howard appears in line to be a starter at the U’s other edge spot, with Karter Menz the top back-up.

Collins will have the ability to move Smith around to find the best matchup this fall. The Shippensburg, Pa., native had 27 tackles and a team-high six sacks last season.

Situational football

The Gophers will likely need to be outstanding in one-possession games in order to reach their outspoken goal of making the College Football Playoff.

Fleck knows it will be about his team making fewer mistakes than the opposition and cutting down on those has been an emphasis in training camp.

“Everybody wants to win, but when you’re going through training camp are you intentional about winning situational football?” Fleck said. “Working on situational football, creating those situations for your players, creating that added pressure constantly.”

Last season, Minnesota was 3-4 in one-score games, and that put a cap on a 8-5 record.

The Gophers will end training camp Tuesday and will soon start full preparations for the season opener against Buffalo on Aug. 28.

Five as one

The U will have a rebuilt group of starting offensive linemen this season, and their ability to coalesce early in the season will be important.

“That’s the one unit that takes the longest to gel,” offensive coordinator Greg Harbaugh said. “I’ve loved how that group has really begun to click; that’s what I’ve seen over the last two weeks. Really just the consistency of them working together as a unit.”

Redshirt freshman Nathan Roy appears to be the starter at left tackle, with transfer Marcellus Marshall (Central Florida) penciled in at right guard and Dylan Ray (Kentucky) pegged at right tackle.

Experienced, returning lineman in right guard Greg Johnson and center Ashton Beers round out the starting five. Fleck has said Johnson, who moved from center, is one of the best O-linemen he has coached.

Briefly

New Gophers starting quarterback Drake Lindsey celebrated his 20th birthday on Monday. … Redshirt cornerback Mike Gerald was mentioned by U coaches on Tuesday as a candidate to play a significant role in the opener. He appears to be in a competition with transfers John Nestor (Iowa) and Jayden Bowden (North Carolina Central) for the starting spot opposite redshirt sophomore Za’Quan Bryan. … Fleck said on KFAN radio that he and Illinois coach Bret Bielema discussed the prospect of having joint practices between the two programs at a neutral site. But that’s on hold because the NCAA doesn’t currently allow those sessions. … The U has a $10 ticket offer for the home opener and sold approximately 3,000 seats through the first three hours.

Minnesota Gophers defensive lineman Anthony Smith (0) sacks Penn State Nittany Lions quarterback Drew Allar (15) in the first quarter of a NCAA football game at Huntington Bank Stadium in Minneapolis on Saturday, Nov. 23, 2024. (John Autey / Pioneer Press)

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