Expert Analysis

Visa Ruling Exposes APA Risks For DHS Grace Period Repeal

Four defects described in a September district court decision halting the U.S. Department of Homeland Security's n... (more story)

Religious Accommodation Lessons From Recent EEOC Focus

With several recent U.S. Equal Employment Opportunity Commission enforcement actions focusing on religious accommo... (more story)

3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim ... (more story)

Labor More

NLRB Official OKs Withdrawal Of Union Petition At Stanford

A union withdrew its petition for a representation election for Stanford University residential student leaders, with a union attorney telling Law360 on Tuesday the case could have been a vehicle for the Natio... (more story)

Dentist Mounts 5th Circ. Challenge To NLRB's Back Pay Power

The National Labor Relations Board exceeds its powers even by ordering employers to cough up back pay to workers, a Texas dental practice argued in its Fifth Circuit challenge to the board's ruling that it fir... (more story)

The exterior entrance and grand marble facade of the Supreme Court building featuring tall columns, a carved pediment, and wide stone steps under a blue sky.
Justices Turn Away Case Over NLRB Remedies And Review

The U.S. Supreme Court on Monday turned away an appeal of a Third Circuit ruling involving a number of labor issues, including the National Labor Relations Board's heightened remedies and the level of deferenc... (more story)

Trump's Green Card Policy Shift Must Be Blocked, Groups Say

A slew of families, workers, unions and immigrant rights groups asked a Massachusetts federal judge to block the Trump administration's new policies requiring green card applicants to leave the country, claimi... (more story)

Pot Co. Balks At NJ Union Rule Requiring Labor Peace Pact

A Jersey City dispensary that once proudly recognized its workers' union is now suing it and the New Jersey cannabis commission, seeking a federal court order Monday saying the state cannot require a labor pea... (more story)

Seattle Museum Urges NLRB To Review Worker Status Ruling

A Seattle museum has urged the National Labor Relations Board to review a decision adding two job positions to a bargaining unit represented by a Communications Workers of America local, claiming the decision ... (more story)

1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that... (more story)

Discrimination More

Texas Senior Care Facility Ends DOJ Military Bias Suit

A Texas memory care facility agreed to settle a lawsuit alleging it fired an employee after trying to demote her for taking military leave, the U.S. Department of Justice said.

Omni Evicted Foreign Workers After Pay Gripes, Suit Says

Three Costa Rican former workers at a hotel in Atlanta have sued Omni Hotels in federal court, accusing the company of violating federal wage law and retaliating against workers who complained about pay by boo... (more story)

Stacks of wooden pallets.
Logistics Co. To Pay $500K To End EEOC Sex Bias Probe

The U.S. Equal Employment Opportunity Commission said Tuesday that a logistics management company agreed to pay out $500,000 to resolve an investigation into claims that it refused to hire women for certain jo... (more story)

7th Circ. Judge Hints Precedent Dooms Worker's Vax Fight

A Seventh Circuit judge appeared disinclined Tuesday to restart a religious discrimination suit brought by a hospital pharmacy technician who was fired for refusing to get the COVID-19 vaccine, emphasizing tha... (more story)

Pharma Sales Rep. Says Taking Cancer Leave Got Him Fired

A former sales representative has filed a disability bias suit against a pharmaceutical company in Georgia federal court, claiming he was unlawfully fired after a kidney cancer diagnosis made him take leave an... (more story)

9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the ... (more story)

2nd Circ. Calls Sheriff's Office Political Firings Fair Game

The Second Circuit declined Monday to revive a First Amendment suit from three sheriff's office ex-workers who claimed their new boss illegally fired them after he won his election for supporting his opponent,... (more story)

Wage & Hour More

DOL Cancels Proposal To Nix Wage-Hour Guidance

The U.S. Department of Labor on Tuesday said it is withdrawing a proposal to remove interpretive rules and policy statements regarding the Fair Labor Standards Act that had not gone through notice-and-comment rulemaking.

'Bikini Barista' Owner Owes Worker $1.4M For Legal Fees

A Washington woman who successfully sued the owner of coffee kiosks known as bikini barista espresso stands won a $1.4 million state court award for attorney fees and costs, with the judge denying the defense'... (more story)

A pen hovers above checkboxes on a form that asks questions about employment eligibility.
Justices Won't Review If NJ Wage Laws Exclude Immigrants

The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and sett... (more story)

Colo. Caesar's Bartender Says Retaliation Cost Him Tips, Job

A former casino bartender has told a Colorado federal judge he was retaliated against and terminated by his managers for reporting a coworker's drug use and sexual harassment.

Fox Tells DC Circ. Worker Wasn't Fired Over Leave, Politics

Fox News urged the D.C. Circuit to reject a former Capitol Hill producer's bid to revive claims that he was fired over his political views and use of sick leave, arguing he was terminated instead for insubordi... (more story)

Plumbing Co. Seeks To Boot 3 Workers From OT Collective

A Georgia plumbing company has asked a federal court to remove three workers who opted in to an overtime collective action, arguing that they all signed arbitration agreements barring them from joining class o... (more story)