Expert Analysis

3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim ... (more story)

Class Actions At The Circuit Courts: September Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involvi... (more story)

How Employers Can Navigate NLRB Rulings Ripe For Reversal

Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance ... (more story)

Labor More

1st Circ. Rejects Harvard's Bid to Nix Union Award

The First Circuit has declined to vacate an arbitration award ordering Harvard University to include a group of doctoral psychology students in a bargaining unit for graduate student workers, rejecting the col... (more story)

NLRB Atty Says Evidence Doesn't Support 'Salts' Bias Case

It would be prohibitively tough to prove a fire sprinkler company violated federal labor law by rejecting several union organizers for jobs given evidence it exclusively hired workers who, unlike these "salts,... (more story)

An S made up of red flowers on the Stanford campus
NLRB Shields Some Stanford Student Data In Disclosure Row

The National Labor Relations Board has partially granted Stanford's challenge to a regional director's decision requiring the university to produce a voter list for an upcoming representation election, ruling ... (more story)

Texas Biz Court Pares Southwest Union's Boeing Suit

A Texas Business Court judge pared back the scope of claims brought by the pilots union for Southwest Airlines against The Boeing Co. after regulators grounded the 737 Max aircraft, saying Monday that the pilo... (more story)

9th Circ. Rejects Worker's Bid To Revive Dues Challenge

The Ninth Circuit has upheld a ruling tossing claims that an affiliate of the Service Employees International Union forged a government employee's signature on a dues authorization form, ruling that the employ... (more story)

Greenberg Traurig Adds Employment Atty In West Palm Beach

Greenberg Traurig has hired a former Carlton Fields attorney in West Palm Beach to help lead the continued growth of the Florida office's labor and employment practice, the firm announced on Tuesday.

10th Circ. Sides With Early Retirees In Union Pension Fight

The Tenth Circuit on Tuesday backed a group of union retirees who alleged they were wrongly denied early retirement benefits from a multiemployer pension plan after they withdrew from work that was covered by ... (more story)

Discrimination More

Smithfield Foods Can't Escape EEOC Age Bias Suit

Meat processor Smithfield Foods must face a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired a senior sales employee because she was approaching 60, after a Georgia federal judge conclude... (more story)

EEOC Sues Staffing Firm Over 'ONLY H1B' Job Notice

The U.S. Equal Employment Opportunity Commission has sued an information technology recruiting firm over alleged discriminatory practices after the company allegedly broke off contact with an American applican... (more story)

White building with pillars
2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment a... (more story)

'Bikini Barista' Owner Asks Judge To Trim $1.8M Award

The owner of Beehive Espresso, which operates Seattle-area kiosks known as bikini barista coffee stands, asked a state judge to rethink a $1.86 million judgment for baristas, arguing that the court imposed uni... (more story)

Restrictions On Lifting Got Pregnant Worker Fired, EEOC Says

A disability services organization placed a pregnant employee on leave rather than accommodate her lifting restrictions, and then fired her when that leave ran out, the U.S. Equal Employment Opportunity Commis... (more story)

UC Davis Women Athletes Get Less Financial Aid, Suit Says

University of California, Davis has been discriminatorily awarding less athletic financial aid to women varsity student-athletes than their male counterparts for at least the last decade, in violation of Title... (more story)

Bombardier's Pre-Hire Test Regimen Flouted ADA, EEOC Says

Canada-based jet manufacturer Bombardier and its subsidiary Learjet subjected prospective employees to a battery of pre-hire medical and physical examinations that unlawfully screened out people with disabilit... (more story)

Wage & Hour More

GAO Calls For DOL Fixes As Child Labor Violations Rise

The U.S. Department of Labor needs to improve how it tracks injuries and deaths among working children and targets child labor investigations as the number of violations cited by the agency has generally risen... (more story)

Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the ... (more story)

Front facade of a large stone courthouse building with arched windows, columns, dark double doors and engraved capital letters above the entrance.
Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury ... (more story)

Ga. Delivery Co. Wraps Up Former Driver's OT Suit

An Atlanta-area FedEx delivery contractor and a former worker have resolved a proposed collective action in Georgia federal court that accused the company of paying drivers a flat wage and withholding overtime pay.

Target Accused Of Shorting Colo. Workers On Pay And Breaks

A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for busine... (more story)

4th Circ. Says Unequal Ranks Don't Bar Sex Bias Comparison

The Fourth Circuit on Tuesday reopened a lawsuit alleging a Virginia sheriff's office refused to promote a female lieutenant and gave her insufficient resources when she filled in for a station commander, sayi... (more story)

DC Prison Guards Seek Class Certification For Wage Suit

Three Washington, D.C., prison guards are seeking class action status for the wage lawsuit they filed against the city this summer, asking a D.C. federal judge Tuesday to certify their suit.