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Mealey's Employment

  • December 09, 2025

    U.S. High Court Won’t Hear Cases Challenging Union Payment And Cessation Actions

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 denied two petitions for a writ of certiorari filed by public sector employees who alleged that union dues were unlawfully deducted from their paychecks without permission and one petition filed by a nonprofit that helps workers resign from unions that alleged unlawful conduct by three unions that refused union cessation paperwork that came in packaging displaying the organization’s name and logo.

  • December 09, 2025

    5th Circuit Affirms Ruling For Grocery In Suit Over Termination After Injury

    NEW ORLEANS — In an unpublished per curiam order, the Fifth Circuit U.S. Court of Appeals affirmed summary judgment against a former grocery worker who alleged that her employment and benefits were improperly terminated to keep her from receiving benefits under a work injury plan and a return-to-work program that were governed by the Employee Retirement Income Security Act.

  • December 09, 2025

    High Court Wants Brief From U.S. In Fired Public University Workers’ Title IX Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 asked the U.S. solicitor general to weigh in on a case brought by two former employees of the Board of Regents of the University System of Georgia asking the high court to determine if they can privately sue their public employer for sex discrimination under Title IX of the Education Amendments of 1972.

  • December 09, 2025

    3rd Circuit Panel: Challenge To Federal Employee COVID Vaccination Mandate Is Moot

    PHILADELPHIA — Agreeing with the conclusions of a New Jersey federal court, a panel of the Third Circuit U.S. Court of Appeals on Dec. 8 affirmed the lower court judgment that the claims of federal employees and contractors challenging presidential executive orders implementing a mandatory COVID-19 vaccination policy were moot and that exceptions to mootness that might preserve their viability did not apply.

  • December 09, 2025

    High Court Grants Cert To Fired Hotel Worker In Arbitration Application Case

    WASHINGTON, D.C. — The U.S. Supreme Court granted a petition for a writ of certiorari from a fired West Hollywood hotel worker who sued his employer for discrimination and retaliation asking the high court to address “an important question of federal arbitration law that has divided the circuits” regarding a federal court’s jurisdiction over a post-arbitration application to confirm or vacate an arbitration award after a case has been stayed pending arbitration.

  • December 09, 2025

    U.S. High Court Denies Former Manager’s Petition Questioning Retaliation Evidence

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 denied a petition for a writ of certiorari filed by a former fast food manager who asked the justices to consider two questions concerning McDonnell Douglas Corp. v. Green, pretext and motives at the summary judgment stage in a case alleging disability bias and Family and Medical Leave Act (FMLA) violations.

  • December 09, 2025

    High Court Seeks U.S. View Of Workers’ Challenge Of Repealed N.Y. Vaccine Rule

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 invited the solicitor general to file a brief expressing the views of the United States regarding questions presented by health care workers challenging a now-repealed New York COVID-19 vaccine law that they say violated federal law.

  • December 09, 2025

    Minor-League Baseball Players’ Pay Rehearing Petition Denied By U.S. Supreme Court

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 denied a petition for rehearing filed by minor-league baseball players who argued that another pending petition concerning baseball’s antitrust exemption made “clear that the issue of the validity of the ‘business of baseball’ exemption is an ongoing problem that is not going away and will continue to vex the courts until this Court grants certiorari and overturns the entirety of the exemption it created” in Flood v. Kuhn.

  • December 09, 2025

    Calif. Court Imposes $5K Sanction For Fake Citations In Workplace Violence Case

    LOS ANGELES — A California appellate court imposed a $5,000 sanction on an attorney who filed a brief that miscited case holdings and a case cite and largely published a previously unpublished opinion affirming that a firefighter’s complaints about workplace conditions and references to a recent shooting involving a colleague warranted a workplace violence restraining order.

  • December 08, 2025

    U.S. High Court Hears Arguments On Trump’s Power To Remove FTC Commissioner

    WASHINGTON, D.C. — The U.S. solicitor general argued before the U.S. Supreme Court on Dec. 8 that Humphrey’s Executor v. United States, which limited the president’s power to fire a Federal Trade Commission commissioner, is “an indefensible outlier” and “a decaying husk with bold and particularly dangerous pretensions.”

  • December 08, 2025

    9th Circuit Grants Rehearing Extensions In Jack In The Box Workers’ Wage Dispute

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel granted Jack in the Box Inc. more time to file a petition for rehearing or rehearing en banc on Dec. 5 in a wage-and-hour suit by a group of workers after a trial court’s ruling on claims regarding employee deductions for nonslip shoes, proper pay for breaks and deduction of employee wages for the Oregon Workers’ Benefit Fund (WBF).

  • December 08, 2025

    Union Asks High Court To Look At Intervention Denial In NLRB Labor Practice Cases

    WASHINGTON, D.C. — The Office and Professional Employees International Union (OPEIU) is asking the U.S. Supreme 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 National Labor Relations Board’s constitutionality.

  • December 08, 2025

    Macy’s Petitions High Court On NLRA Remedies, Circuit Split In Union Lockout Case

    WASHINGTON, D.C. — In a petition for writ of certiorari filed with the U.S. Supreme Court following denial of a petition for rehearing en banc on a decision to make-whole relief granted to workers locked out after a strike, Macy’s Inc. seeks to settle a circuit split, asking whether a neutral employee practice with no anti-union 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.

  • December 04, 2025

    6th Circuit’s Amended Opinion Won’t Stop Rehearing Push In State Farm ADA Case

    CINCINNATI — Despite a Sixth Circuit U.S. Court of Appeals majority issuing an amended opinion with new details and analyses solidifying a ruling that a fired State Farm worker who helped a disabled co-worker seek an Americans with Disabilities Act (ADA) accommodation can pursue retaliation claims, State Farm is not withdrawing a petition for rehearing en banc and contends in a Dec. 3 memorandum that “the amended majority opinion has not resolved the conflicts it created with controlling Supreme Court and Sixth Circuit precedent while creating new conflicts.”

  • December 03, 2025

    Over Oppositions, Freedom Foundation Argues For High Court Review Of Post-Janus Law

    WASHINGTON, D.C. — A petition for a writ of certiorari asking the U.S. Supreme Court to decide whether a California law limiting access to information about new employee orientation sessions violates the First Amendment to the U.S. Constitution presents “an excellent vehicle,” and the underlying decision undermines rights established in Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31 and conflicts with decisions from other courts, the Freedom Foundation argues in its reply, countering responses from California officials and two unions that previous petitions raising similar questions have already been denied by the high court, no conflict exists and “an alleged legal error in a non-precedential decision is not a sufficient reason for granting review.”

  • December 03, 2025

    Hospital That Fired Employees For Refusing COVID Shot Not State Actor, Judge Says

    NEW HAVEN, Conn. — Agreeing with a university hospital that it is not a state actor, a Connecticut federal judge granted the hospital’s motion to dismiss the second amended complaint of former employees alleging violations of their constitutional rights to “bodily autonomy, medical privacy and equal protection” caused by the health system’s mandatory COVID-19 vaccination policy and seeking damages under Section 1983 of Title 42 of the U.S. Code.

  • December 03, 2025

    6th Circuit Says Contractor In Contempt, Issues $50K Fine In Union Records Dispute

    CINCINNATI — A road construction contractor that refused to produce all of the records on wages and benefits requested by a Michigan-based engineering union in a federal suit that stemmed from failed bargaining agreements was ordered by a Sixth Circuit U.S. Court of Appeals panel to produce the records and pay a $50,000 compliance fine in an order partially granting a petition to adjudicate contempt filed by the National Labor Relations Board (NLRB).

  • December 02, 2025

    2 Companies Appeal After Judgment For Worker Class Entered In WARN Act Suit

    BURLINGTON, Vt. — Two companies found liable for Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) violations alleged by a class of bakery workers and ordered to indemnify the dissolution receiver filed a notice of appeal to the Second Circuit U.S. Court of Appeals after a $2,987,040.60 judgment was entered for the workers by a federal court in Vermont.

  • December 02, 2025

    Supreme Court Extends Deadlines On FLSA Collective Lawsuit Notice Petitions

    WASHINGTON, D.C. — The U.S. Supreme Court extended the deadlines to file response briefs in two cross-filed petitions for a writ of certiorari asking separate questions regarding the standard for federal district courts to authorize and facilitate notice to nonparties on behalf of plaintiffs when joining a lawsuit as a collective pursuant to the Fair Labor Standards Act (FLSA).

  • December 01, 2025

    Partial Vacatur Of Stay Pending Appeal In Peace Nonprofit Workers’ Suit Denied

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Nov. 26 denied a motion by U.S. Institute of Peace (USIP) and its board for partial vacatur of a stay pending appeal granted by the appellate court in June after a trial court issued a summary judgment ruling for the USIP parties and declared the removal of USIP’s board and staff “null and void.”

  • December 01, 2025

    High Court Denies Petition On Meaning Of ‘Contributing Factor’ In SOX Provision

    WASHINGTON, D.C. — The U.S. Supreme Court denied a securities company whistleblower’s petition for a writ of certiorari asking the court to determine the meaning of the phrase “contributing factor” in the two-part burden shifting framework that governs whistleblower protection claims incorporated into the anti-retaliation provision of the Sarbanes-Oxley Act (SOX).

  • December 01, 2025

    Stay Of Injunction In Battle Over Copyright Register Post Deferred By High Court

    WASHINGTON, D.C. — The U.S. Supreme Court issued an order on Nov. 26 deferring until two other cases are decided an application by President Donald J. Trump and others to stay an interlocutory injunction 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.

  • November 25, 2025

    Petitions In Whistleblower, Retaliation, Discrimination Cases Denied By High Court

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 24 denied employment-related petitions regarding whistleblower protections for an airline training employee and a deceased railway conductor and Title VII race and sex discrimination and retaliation claims brought by a female, African American law professor.

  • November 24, 2025

    High Court Denies NCUA Board Members’ Petition For Review Of Removal Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 24 denied a petition for writ of certiorari before judgment filed by two members of the National Credit Union Administration (NCUA) board who were purportedly removed from their seats by President Donald J. Trump in April and reinstated after a federal judge in the District of Columbia granted a motion for summary judgment.

  • 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.