Expert Analysis

Defending Hospital Antisteering Clauses From DOJ Scrutiny

The Trump administration has recently made clear that pursuing antitrust challenges to antisteering provisions in ... (more story)

Flashpoints In Focus: Navigating Anti-American Bias Scrutiny

In light of the U.S. Equal Employment Opportunity Commission encouraging workers to file charges alleging national... (more story)

West Point Prof's Suit Tests Public Employee Speech Limits

A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challe... (more story)

Labor More

OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artific... (more story)

NLRB Official Greenlights Decert. Vote Due To Dateless CBA

A union decertification election can move forward at a waste management facility in Houston, a National Labor Relations Board official held, rejecting a Teamsters local's argument that an active union contract... (more story)

Papers in file folders with sticky notes
NLRB GC Says Case Handling Changes Have Cut Backlog

So far this year, National Labor Relations Board regional offices have determined the merits of more than 10,600 unfair labor practice cases that were pending at the time general counsel Crystal Carey took off... (more story)

NLRB Keeps Inventory Techs In Warehouse Co. Union Vote

The National Labor Relations Board upheld a decision to count the votes of three inventory control technicians in a union representation election at an Illinois warehousing and logistics company, with one boar... (more story)

Nuclear Cleanup Co.'s Firings Unlawful, NLRB Judge Says

A company that cleans a U.S. Department of Energy nuclear research site in Tennessee violated federal labor law by firing two workers who engaged in union activity, a National Labor Relations Board judge has r... (more story)

Calif. Forecast: High Court Weighs 'Headless' PAGA Claims

In the week ahead, attorneys should watch for California Supreme Court oral arguments on whether employees can bring claims under the state's Private Attorneys General Act on behalf of only other workers and n... (more story)

NY Forecast: Judge Weighs Tossing VA Sex Bias Suit

In the week ahead, a New York federal judge will consider the U.S. Department of Veterans Affairs' bid to dismiss a former employee's suit claiming she was discriminated against on the basis of her sex, denied... (more story)

Discrimination More

Ex-Wells Fargo Director Seeks $1M Fee Award After Appeal

A former Wells Fargo director and an attorney who represented him in his $22 million Americans with Disabilities Act suit against the bank are making a second attempt to collect attorney fees, pushing a North ... (more story)

Up Next At High Court: Religious Liberty & Unpled Defenses

The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settl... (more story)

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Humanitarian Nonprofit Won't Face Sex Harassment Claims

A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not ... (more story)

Co. Says EEOC Suit Over Women-Only Retreat Was Premature

A Coca-Cola bottling company said the U.S. Equal Employment Opportunity Commission shirked its presuit obligations before filing a lawsuit over a women-only corporate retreat, telling a federal court that the ... (more story)

NJ Panel Says State Shields Military Leave Past Federal Cap

A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a fede... (more story)

DOJ Says Immigration Judge Isn't Shielded From Removal

The U.S. Department of Justice told a Massachusetts federal judge that an ex-immigration judge who claims he was fired for his political ideology and advocacy work was an at-will employee who cannot show his f... (more story)

Pot Use Firing Suit Can Be Arbitrated Despite Flawed Clause

A California state judge has granted Aarris Healthcare Staffing LLC's bid to compel arbitration against a former employee alleging she was wrongly fired for off-duty cannabis use, despite finding portions of t... (more story)

Wage & Hour More

1-800-Flowers Shorted Delivery Drivers on OT, Suit Claims

Flower delivery service 1-800-Flowers failed to pay its workers proper overtime wages and took unlawful kickbacks by requiring its workers to pay for their own gas, a former delivery driver has alleged in a cl... (more story)

Boeing Beats Workers' Suit Over Unpaid Shuttle Time

A South Carolina federal judge tossed a proposed collective action accusing Boeing of failing to pay employees for time spent waiting for and riding mandatory shuttles to its aircraft plant, ruling that the tr... (more story)

Stately building topped by golden dome
Pa. Justices Nix Damages For CEO Who Was Paid Late

The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

Philly Health System's Time Rounding Shorted OT, Suit Says

A former hospital supervisor has accused a Philadelphia health system in Pennsylvania state court of shortchanging hourly workers on overtime by rounding their clock-in and clock-out times to the nearest 15 mi... (more story)

Home Care Cos. Win Partial Block Of DOL Overtime Rule

The U.S. Department of Labor exceeded its authority by barring third-party employers of live-in domestic workers from claiming a federal overtime exemption, a Pennsylvania federal judge ruled, but he kept in p... (more story)

Tech Prices, Driver Networks Hang Over DoorDash Tie-Up

Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaur... (more story)

9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves spe... (more story)