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5th Circuit Decision Hints At Salary Debates To Come

What constitutes a bona fide salary for overtime-exempt professionals continues to be a source for debate, and a recent Fifth Circuit decision affirms long-standing principles behind federal salary regulations while presaging future battles around whether those regulations are valid, attorneys say. 

Southwest Airlines planes are parked at the terminal at Long Beach Airport, Tuesday, April 18, 2023, in Long Beach, Calif. Southwest Airlines planes were grounded nationwide for what the airline called an intermittent technology issue, causing more than 1,700 flight delays Tuesday just four months after the carrier suffered a meltdown over the Christmas travel rush. The hold on departures was lifted by late morning, shortly after it was announced, according to Southwest and the Federal Aviation Administration, but not before traffic at airports from Denver to New York City backed up. (AP Photo/Ashley Landis)

4 Argument Sessions In June Bias Lawyers Should Know

A group of Republican state attorneys general will urge a federal judge Monday to Equal Employment Opportunity Commission to block regulations implementing the Pregnant Workers Fairness Act, and the Fifth Circuit will hear Southwest Airlines’ push to overturn an anti-abortion former flight attendant's win in her religious bias suit. ​​​​​Here are four June argument sessions discrimination lawyers should have on their radar. 

Curaleaf (iStock.com/Lawrence Glass)

DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz

The D.C. Circuit determined Friday that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."

Expert Analysis

After Years Of Popularity, PAGA's Fate Is Up In The Air

Paul Sherman

The last two years held important victories for plaintiff-side employment attorneys in California Private Attorne... (more story)

Cos. Must Stay On Alert With Joint Employer Rule In Flux

Francine Esposito, Rachel Gonzalez and Daniel Pierre

While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's propos... (more story)

One Contract Fix Can Reduce Employer Lawsuit Exposure

Sara O'Keefe and William Wortel

A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provisi... (more story)

Labor More

Blockbuster Summer: 10 Big Issues Justices Still Must Decide

As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 l... (more story)

US, Mexico Reach Truce On Steel Factory Labor Violations

A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review ... (more story)

Workers United and Starbucks said they have reached tentative agreements related to just cause, union representation and transparency in their collective bargaining talks for their first contract. (AP Photo/Ross D. Franklin)
Starbucks, Workers United Secure Tentative Accords In Talks

Starbucks and Workers United said Friday that collective bargaining talks have resulted in tentative agreements related to just cause, union representation and transparency between the parties, marking another... (more story)

Texas Justices Won't Review Boeing, Union Back Pay Suit

The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages ... (more story)

DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal

An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she i... (more story)

CWA, Microsoft Reach Neutrality Deal Over ZeniMax Workers

The Communications Workers of America and Microsoft notched a neutrality pact that applies to all ZeniMax workers, according to an announcement from the union, with the company agreeing not to interfere if emp... (more story)

NY Forecast: Judge Considers IATSE Movie Pay Dispute

This week, a New York federal judge will hear arguments over the International Alliance of Theatrical Stage Employees' attempt to force a film production company to make wage and benefits payments the union cl... (more story)

Discrimination More

Colo. AI Bias Law Lays 'Foundation' For New State Patchwork

Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and eve... (more story)

Maritime Employees Stiffed On Sick Leave, Wash. Court Told

A nonprofit representing shipping industry employers and a Washington state marine terminal operator have not been providing longshoremen with paid sick leave in violation of state wage law and a Seattle city ... (more story)

The U.S. Equal Employment Opportunity Commission alleged that PepsiCo fired a blind worker after failing to accommodate his need for screen-reading technology necessary for his call center role. (Photo by Jakub Porzycki/NurPhoto via Getty Images)
PepsiCo Illegally Fired Blind Call Center Worker, EEOC Says

PepsiCo fired a blind employee after refusing to find a screen-reading tool that worked with its software system to allow him to do his job as a call center worker, the U.S. Equal Employment Opportunity Commis... (more story)

Mass. Town Settles Ex-Superintendent's Gay Bias Suit

A Massachusetts town settled a former school superintendent's suit claiming he was investigated and fired for exchanging personal texts with a former student because he was gay, shortly after a trial had started.

Race Bias Suit Against Ga. Housing Authority Trimmed

A Georgia federal judge has narrowed the scope of a civil rights lawsuit filed by a woman who said she was denied a senior position with a local housing authority after leaders found out she'd sued her prior e... (more story)

Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit

A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, f... (more story)

Former Allstate Lawyer Settles Disability Bias Suit

A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.

Wage & Hour More

3rd Circ. Preview: Labor Battles Heat Up In June

Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair L... (more story)

NYC Landlord Inks Deal To End Wage Theft Suit

A former maintenance worker has agreed in principle to settle his proposed wage theft collective action against a New York City landlord and its property manager, according to a letter filed Friday in New York federal court.

A New Hampshire high court held that four City of Manchester police officers must repay the city for sick leave benefits they received while waiting for compensation claims to process, as per an updated ordinance. (iStock.com/vmargineanu)
Split NH High Court Says Cops Must Pay Back Sick Leave

An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pe... (more story)

Complaints About BC Tennis Coach Led To Firing, Suit Says

A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was... (more story)

Steptoe Adds To Employment Department In Pittsburgh Office

A commercial litigator's plan to refocus her practice on employment law prompted a recent move to Steptoe & Johnson PLLC's Pittsburgh office after more than eight years with Sherrard German & Kelly P.C.

Store Applicant Wants Pay Range Case In State Court ASAP

A job applicant told a Washington federal judge not to grant retailer Aaron's bid to appeal to the Ninth Circuit his case accusing it of violating a state requirement to include pay ranges in job advertisement... (more story)

Ex-OneMain Atty Joins Semmes' Baltimore Employment Team

LaTonya D. Reynolds had early dreams of being an international corporate attorney, but a passion for finance and taxation, and later, employment law, ultimately led her to her new role as counsel in the labor ... (more story)