Expert Analysis

Job Shift Accommodation Ruling Clarifies 'Essential Function'

In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption reque... (more story)

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)

Labor More

MLB Players Union Promotes Deputy GC To Lead Lawyer

The Major League Baseball Players Association said Wednesday it had promoted its deputy general counsel to the top legal spot about a month after its last general counsel was named interim deputy executive director.

Mass. Hospital Urges Court To Nix Arbitration In Union Dispute

A Service Employees International Union local cannot arbitrate its class action claiming a hospital failed to rectify violations of a collective bargaining agreement, the hospital told a Massachusetts federal ... (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)

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)

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)

Discrimination More

Fla. Dental Lab Inks Deal To End EEOC Pregnancy Bias Suit

A dental laboratory and the U.S. Equal Employment Opportunity Commission asked a Florida federal judge Wednesday to approve a $30,000 settlement in a suit claiming the business fired an office assistant becaus... (more story)

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)

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)

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)

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)

Wage & Hour More

Paralegal's OT Claims Met With Countersuit Over TikTok Video

The legal battle between a fired paralegal and Houston-based Callender Bowlin PLLC has advanced with counterclaims that the ex-employee made misrepresentations about the firm on TikTok, along with allegations ... (more story)

Apple Affiliate Can't Unravel Classes After Wage Verdict

An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, a North Carolina federal judge ruled Wednesday, rejecting arguments that a ... (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)

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)

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)