Woman in a suit, seated at a microphone

Early Guidance From NLRB GC Shows Office's Discretion

National Labor Relations Board general counsel Crystal Carey's early guidance to board prosecutors has shown a range of discretion that the agency's top prosecutor wields, experts said, as she continues to shift the focus of the agency's regional offices.

a black, oval sign for Chili's featuring the restaurant's name in white and the image of a chili pepper in green and red neon

5 Cases To Watch As EEOC Seeks To Undo Trial Court Losses

The U.S. Equal Employment Opportunity Commission lodged two opening appellate briefs Thursday, seeking reinstatement of a sexual harassment suit brought on behalf of teenage Chili's workers and a disability discrimination case alleging that long COVID symptoms cost a worker her job. Here, Law360 looks at these and three other cases that the anti-discrimination watchdog wants appeals courts to revive.  

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4th Circ. Scolds Atty Suspected Of Using AI In Race Bias Suit

The Fourth Circuit has reprimanded an attorney suspected of using generative artificial intelligence to draft briefs in a race discrimination lawsuit against Baltimore Gas and Electric Co., warning that courts need to grapple with the technology as it "may soon become the norm."

Expert Analysis

Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

Terry Collingsworth

The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a gover... (more story)

Job Shift Accommodation Ruling Clarifies 'Essential Function'

Kim Kirn

In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption reque... (more story)

How NY Stay-Or-Pay Law Shifts Leverage Dynamics

James Valentino

The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but... (more story)

Labor More

Unions Say DC Airport Project Contract Fight Belongs In Court

A Virginia federal court has the authority to hear claims that the Metropolitan Washington Airports Authority refused to comply with a resolution requiring project labor agreements on construction projects wor... (more story)

Union Sues Feds For Revoking Immigrant Worker Access

The Service Employees International Union and four Boston airport workers accused the Trump administration in a lawsuit on Friday of upending immigrant workers' livelihoods by unlawfully revoking security cred... (more story)

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Labor Board Accuses UFCW Unit Of Fining Nonmembers

National Labor Relations Board prosecutors have accused a United Food and Commercial Workers local of violating federal labor law by fining two King Soopers workers who quit the union and returned to work duri... (more story)

Teamsters, United Slam Workers' Bid To Reopen Wage Case

An International Brotherhood of Teamsters local has urged a California federal court not to reopen a lawsuit alleging that United Airlines and the union unlawfully reduced the wages of flight attendants, argui... (more story)

SEIU Must Face Black Ex-Worker's Bias Suit, But Narrower

A Service Employees International Union unit can't escape a Black former organizer's suit alleging she was paid less than her white, male colleagues and fired for complaining about it, as a Washington federal ... (more story)

Calif. Forecast: Meta Wants Out Of Whistleblower Suit

In the next week, attorneys should watch for a hearing on a motion to dismiss a whistleblower retaliation suit against Meta. Here's a look at that case and other labor and employment matters on deck in California.

NY Forecast: Judge Weighs Tossing Fired Teacher's Bias Suit

This week, a New York federal judge will consider the New York City Department of Education's effort to dismiss a former teacher's suit claiming she faced a hostile work environment and discrimination from sch... (more story)

Discrimination More

'Swinging Dicks' Dissent Stirs Uproar Across 9th Circ. Bench

A raunchy dissent in litigation over transgender spa patrons prompted dozens of Ninth Circuit judges to denounce the "vulgar barroom talk" of a colleague, who returned fire by ridiculing his peers for adopting... (more story)

Alaska Airlines Pilot's Military Leave Benefits Suit Trimmed

A Seattle federal judge has narrowed a pilot's class action accusing Alaska Airlines of denying employees sick leave and vacation accrual during military leave, while recognizing in the same Thursday order tha... (more story)

9th Circ. Finds ASU Worker's Bias Claims Met Filing Deadline

The Ninth Circuit reinstated a race bias and retaliation lawsuit Friday from a Hispanic former Arizona State University worker, faulting a lower court for finding some of his claims untimely in an appeal that ... (more story)

CTA, Ex-Worker Settle Vaccine Bias Dispute Before Retrial

The Chicago Transit Authority and a former employee who beat the public transit agency in a COVID-19 vaccine bias trial have reached a settlement in principle they expect will call off a redo an Illinois feder... (more story)

CSX Can't Get Quick Appeal In Fired Worker's FMLA Suit

CSX can't immediately ask the Eleventh Circuit to take up a former employee's lawsuit claiming he was unlawfully fired for taking medical leave, a Florida federal judge ruled, saying the district court's concl... (more story)

HR Services Co. Fired Exec Over Medical Leave, Court Told

A human resources outsourcing company fired an executive just three days after learning he had applied for Colorado medical leave while he was still recovering from sepsis that led to kidney and lung failure, ... (more story)

Baldoni Atty Avoids Sanctions For Blake Lively Comments

A lawyer for Justin Baldoni will not face sanctions for public comments critical of Blake Lively because they came long enough ago that they are unlikely to influence the feuding Hollywood stars' upcoming tria... (more story)

Wage & Hour More

Ky. Farm Says DOL Must Bring H-2A Case In Federal Court

A small Kentucky tobacco farm has sued the U.S. Department of Labor, claiming its in-house adjudication system for violations of the H-2A temporary farmworker visa program is unconstitutional because the agenc... (more story)

2nd Circ. Won't Revive Home Care Providers' Wage Suit

Two Connecticut residents who provided in-home care to Medicaid recipients won't get another shot at accusing two companies of wage and hour law violations, a Second Circuit panel said Friday, agreeing with a ... (more story)

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Reed Smith Is Ignoring Expanded Back Pay Window, Atty Says

A former Reed Smith LLP attorney who claimed she was unlawfully underpaid told a New Jersey state court on Friday that the firm's bid to limit the window of time for which she's seeking damages is an attempt t... (more story)

Staffing Co. Wants Pa. Court To Rethink OT Exemption Ruling

A Pennsylvania federal court relied on the wrong standards when it ruled that TEKsystems Inc. recruiters did not perform administrative work that was overtime-exempt under the Fair Labor Standards Act, the sta... (more story)

Driver Seeks Contempt Order For Trucking Co. In Wage Suit

A trucking company has refused to provide an updated class list or confirm a proposed notice in a driver misclassification lawsuit, a former employee said in his bid to hold the company in contempt filed in Il... (more story)

Lawn Care Co. Wants Win Against DOL's H-2B Fines Power

The U.S. Department of Labor couldn't impose more than $160,000 in unpaid wages and civil penalties on a lawn care services company and a related entity for what the agency alleged were violations of the H-2B ... (more story)

Shipping Co. To Reclassify Drivers In $7M Settlement With NJ

A shipping company agreed to pay $7 million and reclassify its delivery drivers as employees to resolve findings that it improperly treated more than 1,000 drivers as independent contractors, the New Jersey at... (more story)