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Mealey's Employment

  • February 10, 2026

    2nd Circuit Affirms NLRB Subpoenas, Rejects Fee Review In Fired Tour Guide Case

    NEW YORK —  A Second Circuit U.S. Court of Appeals panel affirmed a New York federal judge’s order enforcing four administrative subpoenas duces tecum and awarding attorney fees and costs to the National Labor Relations Board stemming from the firing of a New York City tour guide over unionization efforts, but the panel held that it lacked jurisdiction to review the lower court’s order fixing the amount of fees and costs due to the employee not filing a timely appeal.

  • February 10, 2026

    4th Circuit: DEI Executive Orders Preliminary Injunction Is ‘Too Strong’

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel vacated as “too strong” a preliminary injunction entered by a federal judge in Maryland in a case challenging two January 2025 executive orders (EOs) targeting diversity, equity and inclusion (DEI) and diversity, equity, inclusion and accessibility (DEIA) policies.  The panel noted that while the ruling was sought by the federal government parties, the groups that challenged the EOs and had been granted the preliminary injunction had asked the district court to vacate the injunction shortly after the appeal in order to amend their complaint.

  • February 10, 2026

    AFGE Opposes Final Rule That Transfers Federal Worker RIF Review To OPM

    WASHINGTON, D.C. — The American Federation of Government Employees (AFGE) issued a statement on Feb. 9 opposing a final rule published three days earlier that the Office of Personnel Management (OPM) states will designate federal agencies’ “policy-influencing positions” as at-will positions that will be “excepted from adverse action procedures or appeals.” 

  • February 09, 2026

    Government’s Appeals Of Firms’ 4 Cases Over EOs Consolidated; Briefing To Commence

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals in a Feb. 6 order consolidated federal government parties’ appeals of rulings for four law firms that separately sued after each was targeted in March and April 2025 executive orders (EOs) in which President Donald J. Trump described the firms’ “risks” to the country.  The consolidation order stated that the appellants’ combined opening brief is due March 6 and directed the consolidated cases to go before the same panel considering the government’s appeal in another case in which attorney Mark S. Zaid alleges that his security clearance was revoked in retaliation for representing whistleblowers and others who have complained about the federal government.

  • February 09, 2026

    Appeal Of Removed FLRA Chair’s Reinstatement Dismissed As Moot

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals granted a motion to dismiss as moot the appeal by President Donald J. Trump and the then-Federal Labor Relations Authority (FLRA) chair of the reinstatement of the former FLRA chair who sued after being removed by Trump in February 2025; the motion to dismiss was filed by appellee Susan Tsui Grundmann.

  • February 09, 2026

    High Court Grants Extension To Respond To Union’s Intervention Denial Petition

    WASHINGTON, D.C. — The U.S. Supreme Court gave the federal government more time to respond to a petition for a writ of certiorari filed by the Office and Professional Employees International Union (OPEIU) asking the high court to decide whether it was proper, despite meeting all the necessary criteria for intervention pursuant to federal law, for a Fifth Circuit U.S. Court of Appeals panel majority to deny its motion to intervene in a trio of consolidated cases in which preliminary injunctions were issued that halted unfair labor practice complaints against three employers that challenged the constitutionality of the National Labor Relations Board.

  • February 06, 2026

    AI Employment Discrimination Plaintiffs Push Back On Dismissal Attempt

    SAN FRANCISCO — The filing of an amended complaint did not revive arguments deemed waived in an artificial intelligence discrimination case, and nothing in any statute or case law precludes a disparate impact action and a punitive damages claim, plaintiffs tell a federal judge in California in opposing dismissal.

  • February 06, 2026

    Citing Recent Ruling, 6th Circuit Remands GM Worker’s Reverse-Discrimination Case

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel vacated a ruling in favor of the defendant that granted judgment on the pleadings and remanded a fired GM employee’s reverse-discrimination case to a Michigan federal court, finding that the “background circumstances” that were previously necessary to plead reverse discrimination no longer apply following the U.S. Supreme Court’s recent decision in Ames v. Ohio Dep’t of Youth Servs.

  • February 06, 2026

    Extension Granted For Response To Macy’s High Court Union Lockout Case Petition

    WASHINGTON, D.C. — The federal government was granted more time to respond to a petition for a writ of certiorari that Macy’s Inc. filed with the U.S. Supreme Court seeking to settle a circuit split and asking whether a neutral employee practice with no antiunion intent can be classified as “inherently destructive” under the National Labor Relations Act (NLRA) and whether the National Labor Relations Board can expand its remedial authority to make employers compensate workers for direct or foreseeable financial harms.

  • February 04, 2026

    9th Circuit: Employer’s New Arbitration Terms During Class Suit Are Unenforceable

    SAN FRANCISCO — An employer’s attempt to roll out a new, mandatory arbitration agreement in the midst of class litigation that automatically opted employees out of the class unless they quit their jobs or opted out of the arbitration agreement “subvert[s]” Federal Rule of Civil Procedure 23, a Ninth Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s decision to decline enforcement of the agreement.

  • February 04, 2026

    Judge Seeks More Settlement Details In Class Suit Over Tire Company Data Theft

    MADISON, Wis. — A federal judge in Wisconsin denied preliminary approval of a tire company’s cyberattack class settlement that would provide the class of customers and employees with credit monitoring, losses of up to $5,000 per person or an alternative cash payment of $45, compensation for lost time and business changes and directed the lead plaintiff, a former employee of the defendant, to provide more information about the amount in controversy, the settlement class, the proposed payments to class members and the proposed attorney fees.

  • February 04, 2026

    D.C. Circuit Denies Rehearing Requests By Ousted NLRB, MSPB Members

    WASHINGTON, D.C. — In separate orders issued approximately three weeks apart, the District of Columbia Circuit U.S. Court of Appeals denied rehearing requests by a member of the Merit Systems Protection Board (MSPB) and a member of the National Labor Relations Board after their firings by President Donald J. Trump were upheld by a divided panel; both removed members had, in September 2025, unsuccessfully petitioned the U.S. Supreme Court for a writ of certiorari before judgment.

  • February 04, 2026

    California Top Court Remands Hard To Read Arbitration Terms Ruling In Nissan Case

    SAN FRANCISCO — A divided California Supreme Court clarified that while an employment contract’s format is generally irrelevant to the substantive unconscionability analysis that focuses on the fairness of the terms, “courts must closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness,” remanding for further consideration a lower court’s ruling that small, barely readable print supports findings of substantive and procedural unconscionability in the case of a former Nissan employee who sued for wrongful termination after signing such an agreement.

  • February 04, 2026

    1st Circuit Upholds Luxury Hotel’s Unpaid Wages Settlement With Former Workers

    BOSTON —  A First Circuit U.S. Court of Appeals panel affirmed a lower court’s ruling that held the owner and leadership of a luxury hotel to a global settlement deal with several individuals and a certified class of former employees who sued for unfair wages after the hotel challenged the agreement, opining that the lone attorney who represented both the individuals and the class was allowed to negotiate all of the settlements, among other findings.

  • February 03, 2026

    Interlocutory Appeal Of August Partial Dismissal Of USAID Shutdown Suit Denied

    GREENBELT, Md. — A federal judge in Maryland denied federal government parties’ motion for certification of an August 2025 opinion for interlocutory appeal in a class case by former U.S. Agency for International Development (USAID) workers who allege that actions by Elon Musk and others in the federal government to shut down the agency violate the U.S. Constitution; the August decision partially granted a motion to dismiss as to the claims brought against President Donald J. Trump.

  • February 02, 2026

    Appellate Panel Reverses Denial Of Cost-Of-Living Reimbursement To Reinsurer

    BOSTON — A Massachusetts appellate court panel on Jan. 30 reversed and remanded a state reviewing board decision denying a reinsurer’s reimbursement of cost-of-living adjustment (COLA) benefits paid after exhaustion of a self-insured employer’s statutory bond, ruling that the board improperly imposed an extra-statutory bar to recovery by denying reimbursement based on the employer’s insolvency and the reinsurer’s nonparticipation in trust fund assessments, grounds not authorized under the workers’ compensation reimbursement framework.

  • January 29, 2026

    Government To High Court: Service Members’ Vaccine Mandate Petitions Are Moot

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 28 — two weeks after the federal government argued in two oppositions that the issue in companion cases is moot — distributed for its Feb. 20 conference two petitions by members of the U.S. Air Force and Space Force that ask the high court to consider in class cases whether the Religious Freedom Restoration Act (RFRA) allows for their reinstatement following their refusal to get the COVID-19 vaccine to include back pay and retirement points.

  • January 29, 2026

    Justice Denies Debt Collector’s Stay Application After Fraud Ruling For 2 Employees

    WASHINGTON, D.C. — U.S. Supreme Court Justice Samuel A. Alito Jr. on Jan. 28 denied an application for recall and stay of mandate filed by a national debt collection firm after the Third Circuit U.S. Court of Appeals ruled for the first time that when two former employees shared a spreadsheet containing passwords and login information they committed “workplace-policy infractions” and not violations of the Computer Fraud and Abuse Act (CFAA) and that the passwords themselves were not trade secrets under federal or state law.

  • January 28, 2026

    Puerto Rico Baseball League Wants Franchisee’s Antitrust Law Petition Thrown Out

    WASHINGTON, D.C. — The Liga de Béisbol Professional de Puerto Rico and a group of its teams, corporate entities and leadership say there is no reason for the U.S. Supreme Court to overrule the 104-year-old decision that established baseball’s antitrust exemption that was further confirmed by rulings in two other cases, in a brief in opposition to a petition for a writ of certiorari filed by former investor-operators of a league baseball club asking if the exemption should be discarded or narrowed down to only the select cases.

  • January 27, 2026

    3rd Circuit Issues Mandate Enforcing NLRB Decision In Post-Gazette Bargaining Case

    PITTSBURGH — In the wake of the owner of the Pittsburgh Post-Gazette announcing plans to cease publication of the newspaper following a years-long labor dispute, a Third Circuit U.S. Court of Appeals panel issued a mandate solidifying a ruling that enforced a National Labor Relations Board decision finding that the newspaper bargained in bad faith, unlawfully declared an impasse and unlawfully surveilled union activities.

  • January 27, 2026

    Judge Grants Dismissal Of Agency Heads In Putative Class Suit Over HHS RIF

    WASHINGTON, D.C. — A federal judge in the District of Columbia dismissed as redundant agency heads named as defendants in a putative class complaint over an April 2025 reduction-in-force (RIF) at the U.S. Department of Health and Human Services that affected approximately 10,000 employees and was allegedly based on inaccurate records in violation of the Privacy Act; this case is one of several currently challenging various 2025 RIFs impacting numerous federal agencies.

  • January 26, 2026

    Connecticut DMV: Case Law Supports Workers’ Comp Offset For Asbestos Settlements

    HARTFORD, Conn. — A recently discovered case further supports the conclusion that workers’ compensation benefits for mesothelioma can be offset by “any damages,” including settlements from an asbestos tort action, the Connecticut Department of Motor Vehicles (DMV) tells the state’s top court in a Jan. 23 citation of supplemental authority.

  • January 23, 2026

    AI Discrimination Attorneys Describe Efforts At Discovery, Finding Co-Counsel

    SAN FRANCISCO — Rebutting a judge’s suggestions that they were “asleep at the wheel,” attorneys in a case alleging that an artificial intelligence hiring platform discriminated against applicants told a federal judge in California that they diligently processed discovery and sought association with counsel who can provide the needed resources.

  • January 23, 2026

    Only Employees’ Negligence Claim Over Cyberattack Remains After Dismissal

    ATLANTA — Three workers who filed a putative consolidated class complaint against their employer after a 2023 data breach have standing to sue by sufficiently alleging a concrete injury and may proceed with their negligence claim, a federal judge in Georgia ruled, partially granting the employer’s motion to dismiss as to three other claims and granting the workers 14 days to file an amended complaint.

  • January 22, 2026

    Job Seekers Accuse AI Application Screener Of Unfair Evaluations

    MARTINEZ, Calif. — Two unsuccessful job applicants filed a putative class action in California state court accusing an AI employee-screening company of violating California’s unfair competition law (UCL) and the Fair Credit Reporting Act (FCRA) by evaluating the plaintiffs’ applications to companies that use the AI software at issue to score their applications based on “sensitive and often inaccurate information.”