Expert Analysis

Tips For Employers As Calif. Court Limits Harassment Liability

Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser ... (more story)

Clippers Salary Cap Probe Offers Investigation Tips For Cos.

The NBA's recent investigation into whether the Los Angeles Clippers circumvented salary cap rules offers an unusu... (more story)

NY Severance Rules Persist Despite McLaren Macomb Threat

Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robus... (more story)

Labor More

Union Urges DC Circuit To Back NLRB's Ouster Ruling

A Workers United unit urged the D.C. Circuit to enforce a National Labor Relations Board decision that a New York commercial laundry company unlawfully withdrew recognition from the union, arguing that the vio... (more story)

Supreme Court Won't Review Bargaining Order In Cemex Case

The U.S. Supreme Court declined on Monday to consider Cemex's challenge to a Ninth Circuit decision upholding a National Labor Relations Board order requiring the builder to bargain with a Teamsters local beca... (more story)

Gavel atop wooden tiles spelling out Labor Law
'Labor Court' Plan Has Legal Issues, Panel Says

An academic proposal to stabilize National Labor Relations Board policy by reshaping the agency into a special court appears misguided despite its admirable goal, a Littler Mendelson PC policy advocate and the... (more story)

Could A Criminal Sentencing Case Upend Loper Bright?

U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big... (more story)

Stanford's Bid To Review Election Ruling Is Moot, Union Says

The National Labor Relations Board should not reconsider a regional director's decision to approve a union's withdrawal of its petition to represent residential student leaders at Stanford University, the unio... (more story)

Union's Poll Tainted Election Vote, Sand Co. Says

A Texas industrial sand provider has asked the National Labor Relations Board to rethink a regional director's decision upholding the United Steelworkers' recent win in a representation election, claiming the ... (more story)

Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labo... (more story)

Discrimination More

EEOC Poised To Withdraw Disparate Impact Guidance

The U.S. Equal Employment Opportunity Commission is close to nixing decades-old guidelines that help employers ensure that their hiring practices don't inadvertently discriminate against workers, after the pro... (more story)

Supreme Court To Tackle Admissions Bias Circuit Split

The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the thr... (more story)

White building with columns under the inscription "Equal Justice Under the Law"
Justices Won't Take Up Fired Black Counselor's Bias Suit

The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invi... (more story)

BNSF Fired Worker Who Asked For Smaller Tool, EEOC Says

BNSF Railway unlawfully fired an employee who asked to use a smaller hand tool during training to avoid exacerbating a genetic condition that causes chronic pain, the U.S. Equal Employment Opportunity Commissi... (more story)

Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexu... (more story)

4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husba... (more story)

Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

Wage & Hour More

DOL Pulls Old Guidance On Tipped Workers' Side Work

The U.S. Department of Labor withdrew on Monday three decades-old opinion letters limiting when employers can pay tipped workers less than the federal minimum wage for work that doesn't generate tips.

Home Care Co. Reaches $2.3M Deal In Wage Suit

A home healthcare company will pay $2.3 million to settle a suit alleging that it failed to pay home care providers minimum wages and overtime by classifying them as independent contractors, according to an or... (more story)

Packages are loaded onto an Amazon conveyer belt.
Amazon Workers Fight For Screening Pay At 2nd Circ.

Amazon warehouse workers urged the Second Circuit on Thursday to reject the company's argument that New York wage law follows federal restrictions on pay for work before and after shifts, saying the state neve... (more story)

NY Forecast: 2nd Circ. Weights Union Officer Discipline Suit

This week, the Second Circuit will consider a former union official's challenge to a lower court order dismissing his lawsuit claiming the union conducted an unfair investigation into him that resulted in him ... (more story)

Gap Workers In Wash. Sue Over Unpaid OT, Missed Breaks

Gap and Athleta were hit with a proposed class action in Washington state court alleging that the retail giants failed to pay hourly employees with overtime wages and also failed to ensure that they took the m... (more story)

Fighters Resist Funding Inquiry In UFC Wage Antitrust Case

A group of MMA fighters suing the UFC over alleged wage-fixing are resisting the organization's attempt to obtain information about the fighters' litigation funding, casting the effort as a distraction from their lawsuit.

Norfolk Southern On The Hook For $1.6M In Age Bias Suit

An Alabama federal judge entered final judgment Thursday in favor of a former longtime Norfolk Southern worker who claimed the Atlanta-based company and two subsidiaries violated federal age discrimination law... (more story)