NLRB May Change Tack After Dropped Joint Employer Appeal
Muldrow Gets Ex-Union Pacific Worker New Shot At Bias Suit
A Novel Arbitration Maneuver In W&H Case May Go Too Far
NLRB May Change Tack After Dropped Joint Employer Appeal
The National Labor Relations Board's decision last week to drop its appeal of a Texas federal judge's decision striking down its joint employer regulation leaves the future of the policy uncertain, with experts saying one option is for the board to return to setting the standard by deciding cases.
Muldrow Gets Ex-Union Pacific Worker New Shot At Bias Suit
A Black former Union Pacific worker should get another shot at her lawsuit claiming her bosses forced her out by berating and overworking her, the Eighth Circuit ruled Wednesday, reviving the case in light of a recent U.S. Supreme Court ruling addressing the standard for bringing workplace discrimination claims.
A Novel Arbitration Maneuver In W&H Case May Go Too Far
A potential new frontier in the "arms race" of arbitration has cropped up in a misclassification case involving an employer who rolled out an arbitration program well into litigation — a move attorneys say might be so aggressive as to represent a red line for courts.
Expert Analysis
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds l... (more story)
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Lab... (more story)
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In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and... (more story)
Labor More
A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.
Six City University of New York professors have asked the U.S. Supreme Court to ax a state law that lets unions represent all employees of certain public-sector workplaces, saying the law violates their First ... (more story)
Union organizing did not lead Starbucks to combine three stores in Seattle into one corporate unit, the coffee giant argued to a National Labor Relations Board judge, opposing agency prosecutors' bid for vario... (more story)
Starbucks violated federal labor law by offering smaller raises to employees of stores where workers started a nationwide union drive than it did to nonunion workers, a National Labor Relations Board judge rul... (more story)
Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline b... (more story)
Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trad... (more story)
The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes befo... (more story)
Discrimination More
A Texas federal judge told an ex-MoneyGram International worker that she needed to establish more evidence to show why her employer fired her in retaliation for taking medical leave, saying during a Wednesday ... (more story)
A retired Frito-Lay executive previously touted as the inventor of Flamin' Hot Cheetos is suing the snack giant and its parent company PepsiCo in California state court for defamation and racial discrimination... (more story)
A California federal judge refused to toss a suit from a former manager who said a real estate company fired her because it assumed her work would suffer after she had a child, saying it was plausible that ste... (more story)
A San Francisco District Attorney's Office staffer who says he was fired after accidentally sending a risqué reply-all email at work has filed a state court lawsuit accusing his former boss and the county of d... (more story)
A former executive of software giant SAP has settled his retaliation and age discrimination claims, according to a Wednesday order by a Pennsylvania federal court.
The Seventh Circuit on Wednesday refused to reinstate a Black truck driver's lawsuit accusing convenience store chain Kwik Trip of firing him after he complained about racially hostile white co-workers, reject... (more story)
Harvard University's arguments to dismiss claims it fails to protect Jewish students from antisemitic intimidation and threats boil down to telling the plaintiffs "cool your jets" while the school tries to add... (more story)
Wage & Hour More
College athletes suing for a cut of NCAA television revenue in Colorado federal court have stressed that they will continue to litigate even if the settlement of a massive class action over name, image and lik... (more story)
A Virginia federal judge sent to arbitration a worker's claims that a healthcare staffing company automatically deducted meal breaks from employees' time sheets and required them to perform off-the-clock work,... (more story)
Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional,... (more story)
A former Grubhub driver didn't work for the food delivery company after California passed Proposition 22 and therefore he can't pursue claims under the state's Private Attorneys General Act, a California federal judge ruled.
The Sixth Circuit on Wednesday pressed Geico about plan documents reviewed by a lower court when it tossed agents' claims they were misclassified as independent contractors, floating the possibility of sending... (more story)
A Long Island restaurant won't have to face a worker's lawsuit alleging it unlawfully retained a service charge instead of distributing it among servers as promised after a New York federal judge on Wednesday ... (more story)
The settlement a group of clowns and entertainers reached with the company they accused of misclassification will have to go through court approval, a New York federal judge ruled, saying the court can't make ... (more story)