Expert Analysis

Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt stat... (more story)

Justices' BDO Denial May Allow For Increased Auditor Liability

The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed ... (more story)

Class Actions At The Circuit Courts: January Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October ... (more story)

Labor More

NLRB Official Sets Union Vote At NJ Nursing Homes

An American Federation of Teachers affiliate may move forward with a union representation election at a trio of South Jersey nursing homes, with a National Labor Relations Board official greenlighting the election Wednesday.

Unions Urge Court to Toss Think Tank's Union Law Challenge

A group of public sector unions asked an Oregon federal court Wednesday to toss a free market think tank's suit challenging a state law that allows unions to sue anyone who impersonates union representatives, ... (more story)

Bagged loaves of bread stacked on metal shelves
Bread Courier Urges 6th Circ. To Revive Unfair Firing Suit

A former bread deliveryman asked the Sixth Circuit to revive his challenge to his firing and his union's refusal to fight it in arbitration, telling the court that an Ohio federal judge was wrong to wrap up th... (more story)

Creditors Say Nursing Home Out Of Time To File Ch. 11 Plan

Unsecured creditors of the owner of a Long Island nursing home have asked a New York bankruptcy judge to deny the debtor any more extra time during which it has the exclusive right to file a liquidation plan, ... (more story)

Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told

The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for... (more story)

2nd Circ. Upholds NLRB Subpoena Enforcement Order

A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply w... (more story)

Axed Mediation Board Member Claims Firing Was Illegal

A former member of the National Mediation Board has sued President Donald Trump and several government officials over her dismissal in October, alleging in a complaint filed in D.C. federal court that she was ... (more story)

Discrimination More

Ex-Fox News Host Decries Judge Pick's Arbitration Stance

Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana ... (more story)

3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to... (more story)

Photo illustration of a hand appearing to apply yellow paint behind the letters ADA and below it the words AMERICANS WITH DISABILITIES ACT printed as though on a pane of glass; in the background is a suit jacket and tie worn by the painter
4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show ... (more story)

United Says Pilot's Vax Accommodation Should End Dispute

United Airlines has urged an Illinois federal judge to hand it a pretrial win over a pilot's accusation that the airline failed to properly handle his religious-based COVID-19 vaccination exemption request, ar... (more story)

Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delawa... (more story)

Fired Boston Staffer's Suit Trimmed As Mayor Ducks Claims

A federal judge has dismissed most of a former Boston City Hall staffer's employment lawsuit, including claims accusing Mayor Michelle Wu of firing her to protect a cabinet official from sexual harassment allegations.

EEOC Slaps Hotel Co. With Pregnancy, Religious Bias Suit

A hotel management company refused to provide a pregnant employee with an adequate chair and pushed a front desk clerk to work Saturday overnight shifts even though that conflicted with his duties as an assist... (more story)

Wage & Hour More

Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

Migrant Workers' Notice Approved In H-2A Wage Suit

A Louisiana federal magistrate judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime, allowing them to opt in to a proposed Fair Labor Standards Act collective action ag... (more story)

Car for hire
NY Drivers Say Uber Misclassifies Them As Contractors

Uber misclassifies drivers in New York as independent contractors, leading to unpaid wages and a lack of reimbursement for car-related expenses, two workers claim in a proposed class action filed in federal court.

Restaurant Can't Include Morning Staff In Tip Pool, Court Says

A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled... (more story)

Medical Transport Co. Misclassified Drivers, Suit Says

A company that transports radioactive medical materials misclassified drivers as independent contractors, leading to minimum wage and overtime violations, according to a proposed class and collective action fi... (more story)

NY County Liable For FLSA Violations, Judge Rules

Saratoga County was aware that its rounding policies led to unpaid wages, a New York federal judge has ruled, granting summary judgment on the issue of liability to a group of more than 100 current and former ... (more story)

Jim Henson Co. Accused Of Costing Exec A 'Pinocchio' Oscar

A Jim Henson Co. former employee filed a $7.5 million suit in California state court alleging the entertainment giant wrongfully diminished his executive producer credit and deprived him of an Oscar at the Aca... (more story)