Jury Rejects Bulk Of EEOC Skills Test Suit Against Walmart

Walmart largely prevailed over the U.S. Equal Employment Opportunity Commission on the agency's claims that the retailer used a skills test to push out workers with disabilities, with an Arkansas federal jury siding with Walmart on almost all the EEOC's allegations. 

Clouds over a stone building with columns and steps

Justices Get Chance To Tackle Growing Criticism Of Bias Test

Two certiorari petitions that the U.S. Supreme Court is scheduled to consider Monday call for the demise of a decades-old framework for evaluating workplace discrimination cases, and experts say the requests to do away with the legal standard may be increasingly compelling as resistance to the doctrine grows.

NLRB seal above an open book

NLRB Nixes Precedent Shift On Worker Outbursts

The National Labor Relations Board's expanded Republican majority reversed its first precedent on Wednesday, nixing a set of discipline tests that gave workers leeway to lose their cool during pickets and other actions the National Labor Relations Act protects.

Expert Analysis

What Greek Tragedy Teaches About Mediating AI Disputes

Giuseppe De Palo

While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and f... (more story)

Tracking Trends In State-Level Regulatory Enforcement

Andrew Szwez, Heather Wilson and Corey Gildart

State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and ... (more story)

Tips From Apex Ruling On Handling Workers' Public Criticism

Allegra Lawrence-Hardy, Lisa Haldar and Michelle McClafferty

A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee... (more story)

Labor More

Ogletree Lands New GC From Cooley In NY

Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has tapped Cooley LLP's deputy general counsel to serve as its legal leader, the firm announced Thursday.

Litigation Spending To Keep Climbing While Biz Risks Mount

Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

NLRB envelope
NLRB Guards Atty-Client Docs From Union Info Requests

Employers do not need to disclose communications protected by attorney-client privilege to unions as part of information requests, the National Labor Relations Board held Wednesday, saying a balancing test tha... (more story)

Circuit Rift On Pension Credit May Catch Supreme Court's Eye

The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with th... (more story)

NLRB Orders Pizzeria To Bargain In Union Cert. Row

A Texas pizzeria must bargain with a union as the exclusive collective bargaining representative for a unit of its employees, the National Labor Relations Board ruled Wednesday, handing out a decision that wil... (more story)

Teamsters Seek Order Protecting Creamery Staff's Healthcare

A billion-dollar dairy cooperative that is trying to close a century-old creamery in Vermont shouldn't be allowed to revoke the staff's health insurance while the staff's union argues that the shutdown is unla... (more story)

NY Librarian Says Dues Requirement Violates 1st Amendment

A librarian at the Brooklyn Public Library is challenging a requirement in its collective bargaining agreement compelling employees to pay union dues in order to continue working at the library, according to a... (more story)

Discrimination More

9th Circ. Reinstates Vax Objector's Religious Bias Case

The Ninth Circuit on Thursday reopened a nurse's lawsuit alleging an Oregon hospital unlawfully put her on unpaid leave rather than accommodate her religious objection to its COVID-19 vaccine mandate, faulting... (more story)

EEOC Asks 5th Circ. To Reopen Black Truck Driver's Bias Suit

The U.S. Equal Employment Opportunity Commission called on the Fifth Circuit in a new amicus brief to reinstate the retaliation allegations brought by a Black truck driver who said he was punished for flagging... (more story)

Torso of a man dressed in a dark suit with a white tallith, or prayer shawl, over the jacket holds an open religious book in front of him as one hand appears to hold a page to turn
Fired Jewish Doc Faced Harassment 'Barrage,' EEOC Says

A Jewish orthopedic surgeon faced antisemitic harassment on the job that surged after Hamas' October 2023 attack on Israel and culminated in his firing, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

Retailer Rejected Deaf Warehouse Applicant, EEOC Says

A bargain retailer refused to hire a deaf job applicant for four jobs at a Texas warehouse because of unlawful qualification standards requiring workers to have the ability to hear, the U.S. Equal Employment O... (more story)

Philly Jury Sides With Drexel In Professor's Retaliation Case

A Pennsylvania jury has cleared Drexel University of liability in a professor's lawsuit alleging the school retaliated against her for winning a separate case claiming the university paid her less than her mal... (more story)

Gay JPMorgan Ex-Worker Claims Discrimination By Supervisor

A gay former employee of JPMorgan Chase sued the bank Wednesday, claiming a supervisor discriminated against him because of his sexual orientation and in response to his work with an LGBTQ+ affinity group at t... (more story)

Google Ex-Executive Says Bias Led To Layoff

A former Google sales executive hit the tech giant with a lawsuit in Colorado state court claiming it pushed him out because of his age and retaliated after he complained that his manager was discriminating ag... (more story)

Wage & Hour More

Mental Health Network Hit With Clinician Misclassification Suit

A nationwide mental health treatment network misclassified clinicians as independent contractors and failed to pay them for administrative work and overtime, a former nurse practitioner claimed in a proposed c... (more story)

UnitedHealth Blocked From Early Appeal In NM Nurse OT Suit

A New Mexico federal court has refused to let UnitedHealthcare seek an early appeal of a ruling allowing a nurse case manager's proposed class action to proceed despite an expired statute of limitations, findi... (more story)

Hand holding a key inserted into a prison cell's lock
Detainees Push Back On GEO's Bid To Pause Labor Suit

Detainees at a Colorado immigration detention facility have pushed back against a prison company's bid to pause their federal forced labor lawsuit before November's trial, arguing the company is treating the U... (more story)

Liquor Distributor's Insurer Fights Coverage Of Worker's Suit

Employers Mutual Casualty Co. filed suit in Washington federal court Wednesday seeking an order declaring that the insurer has no duty to defend or indemnify policyholder American Northwest Distributors Inc. a... (more story)

Delta Anti-Moonlighting Suit Sent Back To Wash. State Court

A federal judge has sent a proposed class action accusing Delta Air Lines of barring low-wage workers from holding second jobs back to Washington state court, finding the worker who brought the suit failed to ... (more story)

Health Workers Win OK Of $4M Deal In Time-Rounding Suit

Workers at an Indiana hospital network secured final approval of a $4 million settlement to resolve their claims that the company systematically shaved time from their pay through a biased rounding system, wit... (more story)

Baker Law Group Hit With Wage Suit In Colorado

A former paralegal and law clerk at Baker Law Group PLLC claimed in Colorado federal court Monday that the firm misclassified administrative staff, failed to pay for nonbillable work hours, and changed or dele... (more story)