Expert Analysis

How NY Stay-Or-Pay Law Shifts Leverage Dynamics

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

H-1B Registration Tips For New Wage-Weighted Selection

Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under ... (more story)

Proposed DOL Rule Could Simplify Contractor Classification

If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classifi... (more story)

Labor More

Browning-Ferris Urges NLRB To Clarify Joint Employer Ruling

Waste management company Browning-Ferris urged the National Labor Relations Board on Tuesday to revise its recent ruling finding that the company must bargain with a contractor's employees, arguing that the bo... (more story)

Feds Ask DC Circ. Not To Halt Immigrant Truck Driver Rule

The Trump administration urged the D.C. Circuit to reject an attempt by unions and workers to block the U.S. Department of Transportation from implementing new restrictions next week on so-called nondomiciled ... (more story)

Biz Groups Fight Union's Challenge To Joint Employer Rule

A coalition of business groups asked the D.C. Circuit to turn away a union's challenge to a 2020 regulation making it easier for corporations to avoid bargaining when their franchisees or contractors unionize,... (more story)

Nexstar Says Union Can't Enter NLRB Constitutionality Fight

Nexstar's latest challenge to the National Labor Relations Board's constitutionality in federal court does not concern the union that is fighting with the media company's Denver hub in the NLRB's in-house cour... (more story)

UPS, Subsidiary Fight Teamsters' Work Diversion Suit

UPS and a subsidiary have urged an Illinois federal court to toss allegations that the company violated its collective bargaining agreement with a Teamsters unit by redirecting bargaining unit work to the subs... (more story)

CVS Can't 'Relitigate' Price-Gouging Class Cert.

A Rhode Island federal judge refused to narrow the certified classes of health plans alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding that PBM E... (more story)

NFLPA Leaders Align To Sink Ex-Lawyer's Retaliation Suit

NFL Players Association officials are firing back against a former attorney's retaliation suit, hoping to dismiss her claims that union leaders intimidated her against testifying in a federal probe into its finances.

Discrimination More

6th Circ. Says Waiver Sinks Laid Off Dow Worker's Bias Suit

The Sixth Circuit has waved away an argument that a woman who was laid off by a Dow Chemical unit could still bring race and gender discrimination claims against the company because she didn't know what the re... (more story)

Recycling Co. Can't Rope Staffing Firms Into EEOC Bias Suit

An Alabama federal judge on Tuesday shut down a recycling plant's bid to drag three staffing companies into a sex bias case from the U.S. Equal Employment Opportunity Commission claiming the company refused to... (more story)

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Biopharma Co. Can't Beat Former Exec's Age, Race Bias Suit

A Merck subsidiary can't dodge a former executive's suit claiming she was unlawfully laid off because she's an Asian woman in her 40s, a New York federal judge ruled Tuesday, saying it's too early for the comp... (more story)

Postal Delay Unfair Grounds For Tossing Suit, 11th Circ. Says

A Georgia federal judge should have cut a break to a construction worker whose race bias suit barely missed its statutory filing deadline thanks to hurricane-induced postal delays, an Eleventh Circuit panel said Tuesday.

4th Circ. Backs W.Va.'s Trans Care Coverage Exclusion

The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. S... (more story)

After Mistrial, EEOC Settles Worker's Promotion Bias Suit

The U.S. Equal Employment Opportunity Commission struck a deal to end a longtime agency employee's lawsuit claiming she was unlawfully passed over for a promotion, a month after jurors deadlocked over whether ... (more story)

Boston Exam Schools Case May Hinge On 1st Circ. Ruling

A Massachusetts federal judge weighed arguments Tuesday on whether to dismiss a challenge to the admissions system for Boston's three selective "exam schools" in light of a First Circuit ruling backing a previ... (more story)

Wage & Hour More

Wash. Adopts New Labor Standards For Domestic Workers

Nannies, housekeepers and other domestic workers in Washington state will soon have many of the same labor protections as employees in traditional workplace settings thanks to a bill that Washington Gov. Bob F... (more story)

NC Judge Rebuffs Perdue's DOL Whistleblower Challenge

Perdue Farms Inc. lost its case challenging the constitutionality of the U.S. Department of Labor's administrative proceedings for whistleblower complaints after a North Carolina federal judge found such proce... (more story)

5th Circuit Revives J&J Sales Rep's Wage Dispute

A Texas federal court did not take into consideration relevant factors to determine whether a former Johnson & Johnson sales representative's failure to retain local counsel in his wage and hour suit represent... (more story)

Nonprofit Accused Of Firing Director For Medical Leave

The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

Water Damage Co. Faces Class Action Over Wages

A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to ta... (more story)

NC Eatery Took Unlawful Tip Credit, Ex-Worker Says

The operator of a North Carolina restaurant franchise that serves wings wrongfully retained employee tips, resulting in minimum wage violations, according to a new proposed class and collective action in federal court.

Spot Holders At Con Edison Sites Were Employees, Snag $6M

Two companies that provided spot holders at Con Edison sites had control over the workers' conditions typical of that of employers, a New York federal judge said, agreeing with the U.S. Department of Labor tha... (more story)