Expert Analysis

How NY Stay-Or-Pay Law Shifts Leverage Dynamics

The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but... (more story)

H-1B Registration Tips For New Wage-Weighted Selection

Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under ... (more story)

Proposed DOL Rule Could Simplify Contractor Classification

If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classifi... (more story)

Labor More

Honeywell Can't Restrict Workers' Speech, NLRB Judge Says

Honeywell violated federal labor law by broadly barring employees from disclosing confidential information or disparaging the company, a National Labor Relations Board judge ruled, saying the prohibition was b... (more story)

Browning-Ferris Urges NLRB To Clarify Joint Employer Ruling

Waste management company Browning-Ferris urged the National Labor Relations Board on Tuesday to revise its recent ruling finding that the company must bargain with a contractor's employees, arguing that the bo... (more story)

Biz Groups Fight Union's Challenge To Joint Employer Rule

A coalition of business groups asked the D.C. Circuit to turn away a union's challenge to a 2020 regulation making it easier for corporations to avoid bargaining when their franchisees or contractors unionize,... (more story)

Feds Ask DC Circ. Not To Halt Immigrant Truck Driver Rule

The Trump administration urged the D.C. Circuit to reject an attempt by unions and workers to block the U.S. Department of Transportation from implementing new restrictions next week on so-called nondomiciled ... (more story)

Nexstar Says Union Can't Enter NLRB Constitutionality Fight

Nexstar's latest challenge to the National Labor Relations Board's constitutionality in federal court does not concern the union that is fighting with the media company's Denver hub in the NLRB's in-house cour... (more story)

UPS, Subsidiary Fight Teamsters' Work Diversion Suit

UPS and a subsidiary have urged an Illinois federal court to toss allegations that the company violated its collective bargaining agreement with a Teamsters unit by redirecting bargaining unit work to the subs... (more story)

CVS Can't 'Relitigate' Price-Gouging Class Cert.

A Rhode Island federal judge refused to narrow the certified classes of health plans alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding that PBM E... (more story)

Discrimination More

Airport Settles Suit Over Firm's 'Harmless Flirting' Ad

An airport authority in Syracuse, New York, has agreed to settle a suit from an employment law firm claiming the authority violated the First Amendment when it rejected a billboard from the firm calling out co... (more story)

6th Circ. Says Waiver Sinks Laid Off Dow Worker's Bias Suit

The Sixth Circuit has waved away an argument that a woman who was laid off by a Dow Chemical unit could still bring race and gender discrimination claims against the company because she didn't know what the re... (more story)

Photo illustration of therapeutics company signage and logo along with a stock trading graph seen on a smartphone screen
Biopharma Co. Can't Beat Former Exec's Age, Race Bias Suit

A Merck subsidiary can't dodge a former executive's suit claiming she was unlawfully laid off because she's an Asian woman in her 40s, a New York federal judge ruled Tuesday, saying it's too early for the comp... (more story)

Recycling Co. Can't Rope Staffing Firms Into EEOC Bias Suit

An Alabama federal judge on Tuesday shut down a recycling plant's bid to drag three staffing companies into a sex bias case from the U.S. Equal Employment Opportunity Commission claiming the company refused to... (more story)

Postal Delay Unfair Grounds For Tossing Suit, 11th Circ. Says

A Georgia federal judge should have cut a break to a construction worker whose race bias suit barely missed its statutory filing deadline thanks to hurricane-induced postal delays, an Eleventh Circuit panel said Tuesday.

4th Circ. Backs W.Va.'s Trans Care Coverage Exclusion

The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. S... (more story)

After Mistrial, EEOC Settles Worker's Promotion Bias Suit

The U.S. Equal Employment Opportunity Commission struck a deal to end a longtime agency employee's lawsuit claiming she was unlawfully passed over for a promotion, a month after jurors deadlocked over whether ... (more story)

Wage & Hour More

Sales Agents Showed Insurance Co. Willfully Flouted FLSA

Sales agents supported their claims that an insurance marketing and sales organization willfully violated the Fair Labor Standards Act, a New Jersey federal judge ruled, applying a longer statute of limitation... (more story)

6th Circ. Upholds Ax Of Hospital Security Guard's Wage Suit

A former security guard for a Tennessee hospital did not plausibly allege that lunch periods were compensable work time under federal wage law, the Sixth Circuit ruled, affirming the dismissal of his proposed ... (more story)

5th Circ. Revives J&J Sales Rep's Wage Dispute

A Texas federal court did not take into consideration relevant factors to determine whether a former Johnson & Johnson sales representative's failure to retain local counsel in his wage and hour suit represent... (more story)

Wash. Adopts New Labor Standards For Domestic Workers

Nannies, housekeepers and other domestic workers in Washington state will soon have many of the same labor protections as employees in traditional workplace settings thanks to a bill that Washington Gov. Bob F... (more story)

NC Judge Rebuffs Perdue's DOL Whistleblower Challenge

Perdue Farms Inc. lost its case challenging the constitutionality of the U.S. Department of Labor's administrative proceedings for whistleblower complaints after a North Carolina federal judge found such proce... (more story)

Nonprofit Accused Of Firing Director For Medical Leave

The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

Water Damage Co. Faces Class Action Over Wages

A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to ta... (more story)