Procedure May Tie Up Reversals Of Biden NLRB Precedents

Time could be running out for the Democratic majority of the National Labor Relations Board and its ability to change precedents, but experts say the procedural realities of the board's process could extend the shelf lives of some decisions issued in its closing days.

Two women speak to each other at an event, with workers wearing protective masks in the background

4 Argument Sessions Bias Attys Should Watch In December

The Ninth Circuit will have a chance to interpret the U.S. Supreme Court's landmark Groff decision in a religious bias suit over a vaccine mandate, while the Fifth and Sixth circuits will hear from workers who have amicus backing from the U.S. Equal Employment Opportunity Commission. Here are four argument sessions employment discrimination attorneys should keep tabs on in December.

5 Wage Issues Trump's Labor Secretary Will Inherit

President-elect Donald Trump’s next labor secretary will face the task of bringing the U.S. Department of Labor more in line with the new administration’s approach toward wage and hour issues. Here, Law360 explores upcoming issues U.S. Rep. Lori Chavez-DeRemer will face if confirmed.

Expert Analysis

Calif. Ruling May Shield Public Employers From Labor Claims

Robert Dumbacher and Mike Pearlson

In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-man... (more story)

NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

Eric Baisden, Adam Primm and Eric Flagg

The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about t... (more story)

Key Requirements In New Maryland Pay Transparency Laws

Sarah Belger

Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the... (more story)

Labor More

Fired Construction Worker Accuses Co., Union Of Race Bias

A union-represented construction worker who was fired for hitting a co-worker said in a discrimination lawsuit filed in Michigan federal court that he acted in self-defense, and that the company fired him but ... (more story)

NLRB Judge Says Health System Must Bargain About Bonus

A Washington state health system violated federal labor law through its unilateral actions with regard to an annual bonus, a National Labor Relations Board judge ruled, finding the nonprofit's payment isn't a ... (more story)

Tech Issues Don't Excuse Starbucks' Late Filing, NLRB Says

The National Labor Relations Board properly turned away Starbucks' challenge to an agency judge's order that was filed 23 minutes late, the board told the D.C. Circuit, saying the company can't get away with m... (more story)

3 Argument Sessions Benefits Attys Should Watch In Dec.

The U.S. Supreme Court will hear the federal government's constitutional challenge to Tennessee's ban on gender-affirming care for minors, the Ninth Circuit will weigh if Idaho can ban abortions even in emerge... (more story)

CMS Cancels Call Center Solicitation With Disputed Labor Clause

The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus... (more story)

NY Groups, Truckers Say Congestion Pricing Unconstitutional

A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal ... (more story)

UAW Local Should Rerun Officer Vote In Mich., DOL Says

A United Auto Workers local in Warren, Michigan, should scrap the results of its May officers' election and hold a new one, the U.S. Department of Labor told a federal court Tuesday, saying the election commit... (more story)

Discrimination More

Bimbo Bakeries Denies Wrongdoing In Age Bias Suit

Bimbo Bakeries USA has denied all wrongdoing in its response to a former employee's suit alleging the company made up a reason to fire him just over a year before he was set to retire.

Ex-GMU Law Prof Drops Suit Over Title IX Probe

A former law professor on Wednesday dropped his suit against George Mason University over its Title IX investigation into allegations that he retaliated against students who filed sexual misconduct claims against him.

A Sixth Circuit panel brought back claims by a Black former State Farm employee that the insurance company fired her in retaliation for complaining about a racist letter addressed to minority workers at her office. (iStock.com/JHVEPhoto)
6th Circ. Revives Fired State Farm Worker's Retaliation Suit

The Sixth Circuit reinstated a suit by a Black former State Farm employee claiming her firing resulted from complaining that the company discriminated against nonwhite customers and failed to address racism, s... (more story)

Fox Rothschild Adds Berliner Cohen Employment Atty In SF

Fox Rothschild LLP is expanding its West Coast team, bringing in a Berliner Cohen LLP employment ace as counsel in its San Francisco office.

Myman Greenspan Accused Of Wrongfully Firing Assistant

Motion picture and television law firm Myman Greenspan Fox Rosenberg Mobasser Younger & Light LLP used a "transparent pretext" to illegally fire an assistant who had a health condition and was over the age of ... (more story)

Black Priest Harassment Claim Against NY Church Revived

A Black, Nigerian Catholic priest's suit claiming the diocese failed to act and then fired him when he complained that a colleague called him a racial slur was revived by New York's highest court, ruling his c... (more story)

Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case

Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the ... (more story)

Wage & Hour More

Kroger Inks $21M Deal With 47K Workers Over Pay Delay

Approximately 47,000 Kroger employees told an Ohio federal judge Tuesday they've reached a $21 million class action settlement with the grocery giant over claims it either failed to pay them or made inaccurate... (more story)

DOL Will Take Axed Overtime Rule To 5th Circ.

The U.S. Department of Labor plans to turn to the Fifth Circuit after a Texas federal court axed the department's rule raising the salary thresholds to consider employees exempt from overtime under the Fair La... (more story)

DOL W&H Recap: Secretary Shake-Up Imminent

President-elect Donald Trump put forward his pick to run the U.S. Department of Labor, and meanwhile the Wage & Hour Division announced partnerships with states to boost child labor enforcement and issued prom... (more story)

Canadian Hockey League Escapes Antitrust Suit; NHL Still In

The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hock... (more story)

Flowers Foods Asks Full 10th Circ. To Pick Up OT Case

A Tenth Circuit panel's decision that a distributor who didn't cross state lines could dodge federal arbitration requirements would abolish almost all arbitration pacts, Flowers Foods said, urging the full cou... (more story)

4th Circ. Backs Auto Parts Co.'s Win In OT Retaliation Suit

The Fourth Circuit declined Tuesday to reinstate a former manager's lawsuit accusing an auto parts company of firing him after he raised concerns that the company was overworking his staff, saying he failed to... (more story)

Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers ent... (more story)