Expert Analysis

Justices' Starbucks Ruling May Limit NLRB Injunction Wins

The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Lab... (more story)

Class Actions At The Circuit Courts: July Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and... (more story)

How To Comply With Chicago's New Paid Leave Ordinance

Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers ... (more story)

Labor More

Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relati... (more story)

Upstate NY Security Guards Can Unionize, NLRB Official Says

A group of security guards at four upstate New York pharmaceutical facilities can vote on union representation, a National Labor Relations Board official said Friday, rejecting their employer's argument that s... (more story)

National Labor Relations Board attorneys told the D.C. Circuit that JLL's claims that a union election of its workers was illegitimate do not hold up. ( Trottmann)
JLL Illegally Snubbed Union, NLRB Attys Tell DC Circ.

The D.C. Circuit should uphold the National Labor Relations Board's ruling that property management company JLL illegally snubbed the union voted in by a group of California maintenance technicians, board atto... (more story)

Restaurant Fired Server For Complaining, NLRB Judge Says

A Minnesota restaurant violated the National Labor Relations Act when it put a former server and bartender on probation and then fired her for complaining about her shifts and wages being cut, a National Labor... (more story)

Calif. Forecast: $5M Nurses Wage Deal Up For Approval

In the coming week, attorneys should keep an eye out for the potential final approval of a $5 million deal to end a class action against a nurse staffing agency. Here's a look at that case and other labor and ... (more story)

AFL-CIO Backs NLRB Ruling In Home Depot BLM Apron Case

The AFL-CIO backed the National Labor Relations Board's effort to keep a ruling that Home Depot unlawfully forced a worker to remove a Black Lives Matter message from their apron, telling the Eighth Circuit th... (more story)

Rising Star: Jackson Lewis' Douglas J. Klein

Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims aga... (more story)

Discrimination More

9th Circ. Calls Out Wash. AG's Paradox In Christian Charity Suit

Ninth Circuit judges said Friday that Washington state "wants it both ways" in a Christian nonprofit's case over an antidiscrimination law, with the attorney general arguing that there's no credible enforcemen... (more story)

3rd Circ. Reverses Court on 90-Day EEOC Clock Ruling

The Third Circuit has revived a New Jersey state employee's sex harassment lawsuit against her employer, finding that a lower court incorrectly calculated when the 90-day clock for her to file suit started aft... (more story)

While the Seventh Circuit sided with Honeywell in a former worker’s suit alleging he was unlawfully fired after he refused to do unconscious bias training, the circumstances that companies face in other cases in which workers oppose training seminars could look vastly different since many variables are at play, attorneys say. (
4 Lessons As 7th Circ. OKs Honeywell Firing Of DEI Protester

The Seventh Circuit recently held that Honeywell legally fired a white employee who opposed and then skipped mandatory training that was part of the company's diversity, equity and inclusion program, a ruling ... (more story)

NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half

The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost... (more story)

US Chess Tolerates Human Trafficking, Champion Claims

The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.

Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law pro... (more story)

Hanes Fired Remote Worker Over COVID Vax Refusal, Suit Says

A former Hanes employee brought a discrimination suit against the clothing company Friday, claiming he was fired after the employer refused to provide religious accommodations regarding its COVID-19 vaccine ma... (more story)

Wage & Hour More

FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produ... (more story)

9th Circ. Says Fueling Planes Is Arbitration-Exempt Work

The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate comm... (more story)

Business groups told a Texas federal court that a Department of Labor overtime rule already spoken of unfavorably by the court "is causing irreparable injury" to "hundreds of thousands of businesses." (
Business Groups Want DOL OT Rule Tossed

A slew of business groups urged a Texas federal court to halt on a nationwide basis the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, arguing they raise identical ... (more story)

Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — th... (more story)

NJ Says 3rd Circ. Ruling Backs State Temp Worker Law

The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument ... (more story)

Coffee Chain Owes OT, Brewer Says

Production workers for a coffee chain haven't been getting paid for the time it takes them to put on and take off protective equipment, cheating them out of overtime wages, a brewer claimed in a proposed colle... (more story)

NY Forecast: NLRB Injunction Bid Against Starbucks Resumes

A status conference is scheduled this week in the National Labor Relations Board's recently revived suit seeking an injunction barring Starbucks from violating federal labor law at stores across the country.