Building in San Francisco.

9th Circ. Kicks Software Salesperson's Bias Suit To Arbitration

A medical software company won't have to face a fired salesperson's disability and age bias claims in court, after the Ninth Circuit ruled that a severability clause in an arbitration agreement didn't nullify language saying questions about the pact's validity should be decided by an arbitrator.

Ride-sharing directional sign on an airport curb

DOL Contractor Rule Might Have Little Grip On Gig Apps

The nation's highest court's rejection of a doctrine calling for judges to defer to federal agencies will likely mute any impact that a proposed U.S. Department of Labor independent contractor has on app-based companies like Uber, according to wage and hour attorney Shannon Liss-Riordan of Lichten & Liss-Riordan PC. Here, Liss-Riordan speaks with Law360 about how the proposed rule will affect app-based companies.

A sign with a company name and graphic on a brown background

First Contracts Elusive For Unions At Big Names

A few years after they launched campaigns to fanfare, many of the front-line workers who organized their big-name employers as the COVID-19 pandemic receded are still fighting uphill battles for their first contracts.

Expert Analysis

New NLRB GC Likely To Prioritize Efficiency Over Policy Shifts

Michael Passarella

After the National Labor Relations Board operated without a quorum for nearly a year, general counsel Crystal Care... (more story)

NYC Leave Law Expands Compliance Beyond Written Policies

Angelo Spinola, Jack Blum and Liam Whitaker

Following recent amendments to New York City's Earned Safe and Sick Time Act that expand its uses, give employees ... (more story)

3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

Allan King and Stephen Bronars

To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, s... (more story)

Labor More

DOT Diversity Program Overhaul Moots Contractors Challenge

A Kentucky federal judge has determined that a constitutional challenge to the U.S. Department of Transportation's more than 40-year-old Disadvantaged Business Enterprise Program for women- and minority-owned ... (more story)

NY Forecast: Approval Of Care Workers' Class Settlement

A New York federal judge will consider on Tuesday whether to grant final approval to a $300,000 settlement in a class and collective action accusing a healthcare company of violating federal and state wage and... (more story)

NLRB's SEIU Recognition Ruling Reversed By 8th Circ.

The Eighth Circuit has partially reversed a National Labor Relations Board order finding that a Missouri hospital violated federal labor law when it stopped recognizing a Service Employees International Union ... (more story)

BNSF Challenges Authority Of DOL Whistleblower Tribunal

The Eighth Circuit should nix a $220,000 penalty imposed on BNSF Railway by the U.S. Department of Labor's whistleblower tribunal, the railway argued, claiming the tribunal lacks the authority under the U.S. C... (more story)

9th Circ. Backs NLRB In Imaging Co. Rehire Dispute

The Ninth Circuit has upheld a National Labor Relations Board decision finding that a medical imaging facility company violated a settlement agreement by failing to rehire a former employee, finding that there... (more story)

Teamsters Letter Aims To Further Labor's New Antitrust Role

The Teamsters are seeking to persuade the U.S. Department of Justice to step in and block a proposed merger between Paramount and Warner Bros. Discovery unless it includes protections for workers, as organized... (more story)

Calif. Forecast: Full 9th Circ. To Hear Unions' Work Dispute

In the next week, attorneys should keep an eye out for Ninth Circuit en banc oral arguments in a jurisdictional dispute involving two unions, the National Labor Relations Board and the precedent known as Kinde... (more story)

Discrimination More

Battery Maker Accused Of Pro-Korean Pay Bias At Ga. Plant

A battery company has been slapped with a proposed class action by three supervisors at a Georgia manufacturing facility who claim they were retaliated against for opposing discriminatory pay practices that be... (more story)

Ga. Jury Says Auto Dealer Owes Worker $584K For Retaliation

A federal jury in Atlanta found that a former car sales associate who said the dealership she worked for suspended and then fired her after she complained about being inappropriately touched should get $584,00... (more story)

A blue sign with a white letter P is next to cars in a parking garage.
5th Circ. Revives Parking Worker's Bias Suit Over Racial Slur

The Fifth Circuit said a lower court was too quick to toss a worker's suit claiming a parking company fired him because he complained that he was called a racial slur on the job, ruling his case should be rein... (more story)

EEOC Says Sysco Flouted Subpoena In Hiring Bias Probe

Sysco's failure to turn over information has "hampered" a U.S. Equal Employment Opportunity Commission investigation into allegations that the food distributor discriminated against Black and female job seeker... (more story)

Law Firm Trying To 'Overthrow' Ill. City's Counsel, Suit Says

A Chicago suburb has sued the law firm Odelson Murphey Frazier & McGrath in Illinois state court, asking a Cook County judge to block its involvement in a federal lawsuit brought by a former city employee accu... (more story)

White House Pushes Congress To Override State AI Laws

The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.

Chan Zuckerberg Initiative Hit With Gender Bias Action

The Chan Zuckerberg Initiative LLC run by Meta Platforms Inc. CEO Mark Zuckerberg and his wife Priscilla Chan discriminated against women by routinely paying them less than men and promoting them with less fre... (more story)

Wage & Hour More

Ill. High Court Ruling Expected To Further Fuel Wage Claims

Workers are likely to continue the trend of bringing lawsuits seeking pre- and post-shift compensation under state wage and hour statutes now that Illinois' high court has ruled that its law doesn't incorporat... (more story)

Ariz. Trucking Co. Owes Drivers Unpaid OT, Court Told

An Arizona trucking company shorted drivers on overtime pay by deducting time from the hours they spent conducting vehicle inspections and repairs before and after their trips, according to a proposed collecti... (more story)

Prison bars are seen before a building.
2nd-Try Senate Bill Seeks Min. Wage For Workers Behind Bars

Sen. Cory Booker, D-N.J., reintroduced a bill that would allow incarcerated workers to receive the minimum wage under the Fair Labor Standards Act, a push that the senator said would end "exploitative practice... (more story)

Trucking Co. Can't Get Drivers' Misclassification Suit Tossed

An Illinois federal judge on Thursday declined to dismiss a suit from drivers alleging Risinger Bros. Transfer Inc. misclassified them as independent contractors, saying the complaint sufficiently alleges they... (more story)

Judge Certifies Military Reservist Class In Differential Pay Suit

A U.S. Court of Federal Claims judge certified a class of military reservists who sued the U.S. government to recover the difference between active duty pay and pay received for their federal civilian jobs, fi... (more story)

Judge Quashes Subpoena Of 5 Firms That Repped Twitter

A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the... (more story)

$30K Wage Settlement Too Vague To Approve, Judge Says

An Ohio federal judge rejected a proposed $30,000 settlement to a wage and hour suit against a group of home care staffing agencies Thursday, saying the settlement paperwork isn't clear enough to determine whe... (more story)