Expert Analysis

One Contract Fix Can Reduce Employer Lawsuit Exposure

A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provisi... (more story)

The State Of Play In DEI And ESG 1 Year After Harvard Ruling

Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrut... (more story)

Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to ef... (more story)

Labor More

NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row

The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming comp... (more story)

Construction Co. Says Union Broke PLAs With Picket Line Ask

A construction company urged a Washington federal judge Tuesday to hand the business a win over its suit claiming a Teamsters affiliate violated project labor agreements, arguing the union encouraged drivers n... (more story)

The National Labor Relations Board found a Virginia trucking company violated federal labor law when its owner told workers the union's organizing prevented them from getting raises. (Andrew Harrer/Bloomberg via Getty Images)
Trucking Co. Can't Blame Lack Of Raise On Union, NLRB Says

A Virginia trucking company violated federal labor law when its owner told workers they would have gotten a raise if they weren't organizing, the National Labor Relations Board ruled, upholding an agency judge's findings.

UFCW Wants Toss Of Members' Challenge To Delegate System

United Food and Commercial Workers members can't go to court to challenge the union's system of choosing convention delegates, the union and its top leaders argued to a D.C. federal judge, saying precedent doe... (more story)

Split NLRB Backs Toss Of Union Ouster Bid At Radio Station

A divided National Labor Relations Board panel supported the dismissal of a worker's decertification petition at a radio station in upstate New York, with the board's lone Republican member calling for a heari... (more story)

9th Circ. Says H-2A Employers Must Pay Highest Wages

The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because th... (more story)

Rerun Vote At Cannabis Co. Is Justified, NLRB Judge Says

A cannabis product manufacturer in Washington state violated federal labor law by firing two supporters of a United Food and Commercial Workers local amid an organizing drive, a National Labor Relations Board ... (more story)

Discrimination More

9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit

An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bia... (more story)

Weinstein Could Face Added Assault Charges In Retrial

New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.

EEOC Gender Bias Suit Should Continue, Magistrate Judge Says

A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly sub... (more story)

Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit

A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.

Fisher Phillips Adds Employment Pro In Dallas From GRSM50

Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.

Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit

Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal ... (more story)

Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse

A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state... (more story)

Wage & Hour More

May Roundup: 11 Wage Rulings on Class, Collective Actions

The month of May brought plenty of rulings in cases with one or two workers trying to assert claims on behalf of others. Whether it's collective actions under the Fair Labor Standards Act or class actions unde... (more story)

TGI Fridays Ducked Uniform Maintenance Pay, NY Servers Say

TGI Fridays ducked New York regulations requiring employers to pay for the maintenance of workers' uniforms while also evading minimum wage laws for tipped workers, three servers said in a proposed collective ... (more story)

The DOL said Friday that the plaintiffs' "alleged injuries are purely hypothetical" because the 2021 rule put emphasis on two factors, while the January rule sets forth a comprehensive, six-prong economic realities test that mirrors the enforcement analysis the department has been using since the 1940s. (Getty Images)
Contractor Rule Doesn't Hurt Groups Challenging It, DOL Says

The U.S. Department of Labor's final rule sorting out workers' independent contractor classification incorporates long-used standards, and therefore the U.S. Chamber of Commerce and other groups' arguments of ... (more story)

Flowers Foods Subsidiary Must Face Wage Claims

A California federal judge cut two subsidiaries of Flowers Foods from a suit alleging workers were misclassified as independent contractors, but left a third on the hook for unpaid overtime wages and failure t... (more story)

Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal

An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new t... (more story)

Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims

A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a we... (more story)

Kroger, Albertsons Must Give FTC Texts, Written Notes

Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Alberts... (more story)