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Mealey's Employment

  • November 21, 2025

    Wis. Appeals Court: Identity Theft Threat Doesn’t Create Data Breach Suit Standing

    WAUSAU, Wis. — Workers who filed a class complaint against their employer following a data breach alleged only a risk of future harm, which was insufficient to show standing for their negligence, breach of contract and other putative class claims, a Wisconsin appellate court ruled, affirming the trial court’s dismissal of the case.

  • November 21, 2025

    11th Circuit Affirms Judgment For Psychiatry Center In FCA Retaliation Suit

    ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a lower court ruling granting summary judgment for a psychiatry center in a former employee’s suit alleging that the center violated the federal False Claims Act by retaliating against him for advising a judge that the center allegedly colluded with a hospital to defraud Medicare and Medicaid, finding that the former employee failed to rebut the center’s explanations for terminating him.

  • November 21, 2025

    4th Circuit Will Not Revisit Md. Hospital Worker’s COVID Shot Termination Ruling

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals will not revisit a panel’s decision to affirm the firing of a Maryland hospital employee over a refusal to get a COVID-19 vaccine after she was denied a religious exemption in denying the employee’s request to apply Title VII standards mapped out in Groff v. DeJoy that arguably require proof that allowing her to work unvaccinated would have created a health risk.

  • November 20, 2025

    Amicus Firm Urges High Court To Take Up Proposed Collective Propriety Notice Case

    WASHINGTON, D.C. — In support of a medical company’s U.S. Supreme Court petition for writ of certiorari seeking a clear standard for district courts to authorize and facilitate notice to nonparties on behalf of plaintiffs when joining lawsuits as a collective, a national labor and employment law firm admonishes the “easy availability” of conditional certification orders that they contend have led to a drastic increase in Fair Labor Standards Act (FLSA) cases.

  • November 20, 2025

    8th Circuit Vacates NLRB Order In Worker’s Display Of ‘BLM’ On Home Depot Apron

    ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel vacated and remanded a National Labor Relations Board decision and order finding that Home Depot violated the National Labor Relations Act (NLRA) when it directed an employee of a suburban Minneapolis store to remove “BLM” lettering from their uniform, opining that “the Board improperly evaluated the ‘special circumstances’ and business justification defenses asserted by Home Depot in defending” the action.

  • November 19, 2025

    Teacher’s Pandemic Speech Case Settled After Jury Award Partially Upheld

    NEW HAVEN, Conn. — A federal judge in Connecticut deemed a teacher’s lawsuit against a Connecticut school board and principal settled in a Nov. 18 docket entry following the approval of a settlement by the board for an amount not disclosed in court records; the settlement was reached after a renewed motion for judgment notwithstanding a jury verdict or for a new trial was partially granted following a jury’s $1.1 million award on the teacher’s claims that she was subjected to retaliation and defamation after making public comments and social media comments regarding the COVID-19 pandemic.

  • November 18, 2025

    Dozens File U.S. High Court Amicus Briefs Supporting Removed FTC Commissioner

    WASHINGTON, D.C. — Purportedly removed National Labor Relations Board Member Gwynne Wilcox filed one of more than 30 amicus briefs in the U.S. Supreme Court supporting an FTC commissioner who was purportedly removed by President Donald J. Trump and who argues that agencies such as the Federal Trade Commission have at-will removal protections created by Congress and affirmed by Humphrey’s Executor v. United States.

  • November 17, 2025

    3rd Circuit Denies 2nd Rehearing In CFAA Suit Against Ex-Debt Firm Workers

    PHILADELPHIA — After issuing a modified opinion that did not change the disposition of the appeal, a Third Circuit U.S. Court of Appeals majority denied a second petition for rehearing en banc of a decision affirming that two former employees of a national debt collection firm did not commit computer fraud, steal trade secrets or violate other state and federal laws through the creation and sharing of a spreadsheet containing passwords and protected login information.

  • November 17, 2025

    Appeal Dropped By Agreement In Religious-Based COVID-19 Vaccine Refusal Case

    CHICAGO — Pursuant to a joint stipulation of dismissal with prejudice, the Seventh Circuit U.S. Court of Appeals dismissed a former employee’s appeal of an Illinois federal court ruling dismissing the employee’s lawsuit alleging that she was denied a religious accommodation for the employer’s mandatory vaccination policy in violation of Title VII of the Civil Rights Act, having deemed the employee’s objections to the COVID-19 vaccine medical rather than religious.

  • November 17, 2025

    Advocacy Group Says Car Makers Conceal Use Of Prison, Child Labor

    LOS ANGELES — A labor advocacy group filed a lawsuit in California state court accusing the makers of Hyundai- and Kia-brand automobiles of violating California’s unfair competition law (UCL) under the unlawful, unfair and fraudulent prongs by misleadingly marketing their electric vehicles (EV) to state agencies while allegedly seeking to conceal their alleged use of “child, forced, and prison labor” to manufacture EVs.

  • November 14, 2025

    2nd Circuit: Vt. Law Misapplied When Attorney Fees Reduced In Termination Suit

    NEW YORK — A federal judge in Vermont properly reduced attorney fees for an employee’s counsel in a wrongful termination case after determining that the counsel’s billing was unreasonable; however, the judge’s additional reduction based on the worker’s degree of success was incorrect as it was based on the disproportionality of the requested amount to the monetary relief for the worker, a Second Circuit U.S. Court of Appeals panel ruled, vacating the attorney fee award and remanding for recalculation.

  • November 14, 2025

    6th Circuit OKs ‘Anti-Union’ Order But Claws Back Remedy For Fired Starbucks Worker

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals majority found that the National Labor Relations Board presented sufficient evidence to show that Starbucks Corp. showed an “anti-union animus” under the National Labor Relations Act when it terminated a Michigan employee who was making staunch efforts to unionize but ruled that the board “exceeded its statutory authority in awarding” the worker “‘direct or foreseeable’ monetary damages.”

  • November 13, 2025

    Parties Settle In COVID-19 Vaccine Refusal Religious Discrimination Case

    DENVER — The parties to a lawsuit by a former employee of a nursing facility alleging religious discrimination by her employer stemming from her termination as a result of the employee’s refusal to be vaccinated for COVID-19 filed a notice of settlement on Nov. 12 indicating that they expect to file a stipulated motion to dismiss with prejudice on or before Dec. 15.

  • November 13, 2025

    Workers File WARN Act Class Suits Against Sonder In New York, Delaware

    Employees of Sonder USA Inc. in San Francisco and New York filed two class complaints, one in a federal court in New York and one in a federal court in Delaware, accusing the company that manages short-term rentals of violating the federal Worker Adjustment and Retraining Notification (WARN) Act and state WARN acts when it abruptly ceased operations and terminated employees with one day’s notice.

  • November 12, 2025

    Existence Of Circuit Split In ADA Interpretation Disputed In SCOTUS Back Pay Case

    WASHINGTON, D.C. — A former correctional officer who sued the county and the sheriff that employed him for alleged violations of the Americans with Disabilities Act (ADA) and the U.S. Constitution for requiring release of his medical records to complete a fitness-for-duty exam to return to work after he was put on leave says his former employers “are flatly incorrect” in asserting in a U.S. Supreme Court petition “that decisions from four circuits disagree” with an appellate panel’s interpretation of the ADA that reversed a lower court’s denial of back pay.

  • November 12, 2025

    University Of Pennsylvania Alumna Files Class Suit Following Data Breach

    PHILADELPHIA — The University of Pennsylvania (UPenn) failed to protect its network containing personally identifiable information (PII) of students, alumni, faculty and donors, resulting in cybercriminals obtaining access to the university’s systems and sending “‘a series of mass emails’” to more than 700,000 people that were critical of the university’s security practices and institutional culture, a UPenn alumna alleges in a putative class complaint filed against the school’s trustees in a federal court in Pennsylvania.

  • November 11, 2025

    Education Department’s Shutdown Email Auto Replies Deemed Unconstitutional

    WASHINGTON, D.C. — The U.S. Department of Education “infringed upon its employees’ First Amendment rights” when it “commandeer[ed] its employees’ e-mail accounts to broadcast partisan messages” during the federal government shutdown, a federal judge in the District of Columbia ruled, granting summary judgment to a union that sued over auto replies set up by the department on workers’ email accounts.

  • November 11, 2025

    High Court Denies Petitions From Workers Fired Over COVID-19 Vaccines, Protocols

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 10 denied multiple petitions filed by employees who were terminated from their positions for refusing to adhere to COVID-19 vaccine mandates and safety protocols, leaving stand appellate court rulings that dismissed their claims and granted summary judgment to their employers.

  • November 11, 2025

    FTC Commissioner Argues Removal Protections Don’t Violate Separation Of Powers

    WASHINGTON, D.C. — Agencies such as the Federal Trade Commission have at-will removal protections created by Congress and affirmed by Humphrey’s Executor v. United States, an FTC commissioner who was purportedly removed by President Donald J. Trump argues in a U.S. Supreme Court respondent brief.

  • November 11, 2025

    Copyright Register Opposes High Court Stay Of Injunction In Court Battle Over Post

    WASHINGTON, D.C. — President Donald J. Trump and others should not be granted a stay of an interlocutory injunction by the U.S. Supreme Court in a case over the president’s ability to remove Shira Perlmutter from her position as the register of copyrights and director of the U.S. Copyright Office as the applicants have failed to show they are likely to succeed on the merits of their claims or that they will be irreparably harmed without such a stay, Perlmutter argues in a Nov. 10 opposition.

  • November 11, 2025

    Consolidation Of 13 Data Breach Class Action Cases Granted, Interim Counsel OK’d

    MILWAUKEE — A Wisconsin federal judge consolidated 13 class action lawsuits against a corporation over a 2023 data breach that exposed personal information of its employees and clients; the judge additionally granted the consolidated plaintiffs’ request to appoint interim co-lead class counsel and an executive committee to oversee the coordinated litigation.

  • November 11, 2025

    U.S. High Court Won’t Consider Question On Pleading Standard In Defamation Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 10 denied an employer’s petition for a writ of certiorari asking the justices to consider the pleading standard in a case it brought against a union for a malicious defamation when it argued that the “speech implies false and defamatory facts about the plaintiff.”

  • November 10, 2025

    Supreme Court Hears Arguments On Immunity Appealability In Forced Labor Class Case

    WASHINGTON, D.C. — Federal government contractors following federal government instructions are immune from a class case alleging forced labor, and a denial of such immunity is immediately appealable, the attorney representing the for-profit company that operates a private immigration detention facility in Colorado argued Nov. 10 before the U.S. Supreme Court.

  • November 10, 2025

    5th Circuit: NLRB Lacks Authority To Award Full Damages To Fired Striking Workers

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel ruled, in partially granting a Houston restaurant’s petition for review and remanding the case for further proceedings, that the National Labor Relations Board “lacks statutory authority to award full compensatory damages” to a group of employees who were terminated for striking due to a series of workplace grievances.

  • November 10, 2025

    High Court Denies Writ Challenging ‘Integral’ Activities Measurement Ruling

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 10 denied a petition for a writ of certiorari filed by a Pennsylvania battery manufacturer asking for review of the proper measurement for time spent performing “‘integral and indispensable’” activities and to consider overruling Steiner v. Mitchell, thus affirming a Third Circuit U.S. Court of Appeals panel’s order requiring the company to pay its workers for the time they actually spent completing tasks rather than the time the employer determined was “reasonable.”