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OT Gap Pay Debate Could Shift To States After 3rd Circ. Ruling

The Third Circuit's ruling last week that the Fair Labor Standards Act contains no remedy for unpaid straight-time wages in weeks when employees work overtime means employers should watch for more gap time claims under state laws, attorneys said.

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NLRB Dings Starbucks For Strike Interrogations In Seattle

A National Labor Relations Board judge correctly dinged Starbucks for interrogating workers at three Seattle cafes about their strike plans, the NLRB held, with the board's two Republican members noting that they applied 2022 case law on unlawful interrogations "for institutional reasons."

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Pearson Inks $150K Deal In EEOC Vision Accessibility Suit

Educational publisher Pearson has agreed to pay $150,000 to end a U.S. Equal Employment Opportunity Commission suit claiming visually impaired workers were blocked from accessing company trainings and benefits through online platforms incompatible with screen readers.

Expert Analysis

What's Next After Justices' Last-Mile Driver Arbitration Ruling

Julie Maurer and Alejandra Curiel-Molina

The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbi... (more story)

7 Ways Va. Employers Can Prep For New Noncompete Limits

Carly Mitchell, MaryBeth Shreiner and Anna Matsuo

As of July 1, Virginia noncompete agreements with employees fired without "cause" must provide "severance benefits... (more story)

Employer Tips To Prepare For Va. Family And Medical Leave

Alexandra Romero and Oluwaseun Wells

With Virginia's paid family and medical leave insurance program taking effect in two years, employers should devel... (more story)

Labor More

NLRB Official OKs Union Vote At Iowa Nursing Home

Nurses at an Iowa nursing home can vote on whether to join a United Food and Commercial Workers local, a National Labor Relations Board official has ruled, rejecting the company's argument that the nurses are ... (more story)

Southwest Asks Texas Judge To Ground Pilot Union's Suit

Southwest Airlines told a Texas federal judge that a pilot union's lawsuit can't advance under the Railway Labor Act, saying it had the right to discipline a pilot who fell short of standards. 

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Biz Defends 6th Circ. Ruling Limiting NLRB Policy Powers

Whiskey maker Brown-Forman urged the full Sixth Circuit not to rethink a panel ruling that took a narrow view of the National Labor Relations Board's power to set policy through decisions, saying the ruling wa... (more story)

Window Co. Hits Ch. 11 With $10M+ Debt, $875K Union Claim

Pennsylvania window company Graboyes LLC has filed a Chapter 11 petition citing more than $10 million in liabilities, including $2.1 million in disputed loans and an $876,000 "note payable" to the Internationa... (more story)

Class Attys Want $11.6M In Fees From $35M Teva Inhaler Deal

Berman Tabacco, Sperling Kenny Nachwalter LLC, Hilliard Shadowen LLP and five other firms have asked a Massachusetts federal judge for $11.55 million in attorney fees from a $35 million antitrust settlement re... (more story)

7th Circ. Says Hotel Must Rehire Worker Fired Over Knife

The Seventh Circuit on Friday affirmed an arbitration award requiring a Chicago hotel group to reinstate a union employee fired for displaying a knife at work, saying the arbitrator deemed the incident nonviol... (more story)

NJ School Bus Co. Illegally Polled Union Workers, NLRB Judge Says

A New Jersey school bus operator violated federal labor law by refusing to bargain with a Teamsters local and polling workers on whether they wanted to continue being represented by the union, a National Labor... (more story)

Discrimination More

Ex-Immigration Judge Says Bias Drove Firing In Anti-DEI Push

A former immigration judge appointed during the Biden administration said she was fired because she is a woman, a registered Democrat and Hispanic, claiming in a new lawsuit that dozens of similarly situated j... (more story)

6th Circ. Shuts Down Fired Counselor's Race Bias Suit

The Sixth Circuit declined on Monday to revive a suit from a Black career counselor who said a government contractor that helps veterans fired her because of race discrimination, ruling she couldn't overcome e... (more story)

High Court Won't Hear Ex-GM Worker's Disability Bias Suit

The U.S. Supreme Court declined Monday to take up a former General Motors employee's suit alleging the company wouldn't move her to a different position after an on-the-job injury, leaving in place a Fifth Cir... (more story)

White Editor Leans On Ames In EEOC's New York Times Suit

A white former New York Times editor joined the EEOC's suit alleging he was unlawfully denied a promotion, asserting Monday that the paper "boldly and badly" ran afoul of a recent U.S. Supreme Court holding th... (more story)

NFL, Teams Deny Retaliating Against Flores Over Bias Suit

The National Football League has told a New York federal court that former head coach Brian Flores cannot support his "kitchen-sink" of racial hiring discrimination claims against the league and its teams, inc... (more story)

9th Circ. Seems Inclined To Reinstate EEOC Pain Med Suit

The Ninth Circuit appeared willing Monday to revive U.S. Equal Employment Opportunity Commission disability bias suit accusing a company of spurning an applicant who took prescribed pain medication, with one j... (more story)

DOJ Says Maurene Comey's Firing Was Constitutional

Following an April ruling that cleared former New York federal prosecutor Maurene Comey's suit challenging the legality of her firing, the U.S. Department of Justice reiterated its position Friday that her fir... (more story)

Wage & Hour More

7th Circ. Says Wis. County Jail Must Face Forced Labor Suit

The Seventh Circuit revived a lawsuit alleging Kenosha County forced civil immigrant detainees housed at its jail to do unpaid janitorial work or be punished, ruling Friday the forced labor statute doesn't all... (more story)

Avis Seeks To Ax Va. Overtime Suit In Light Of NJ Case

Avis asked a Virginia federal judge to toss an operations manager's suit accusing the car rental company of misclassifying him and fellow workers as overtime-exempt, arguing the case duplicates a broader, earl... (more story)

NY Judge Recommends Tossing Doctor's Equal Pay Claim

A New York federal magistrate judge recommended tossing a former cancer physician's federal equal pay claim, finding she failed to show that two higher-paid male physicians performed substantially equal work.

Transit Co. Deducted Up To $40 For Missed Shifts, Suit Says

A transit company and its parent misclassified drivers as independent contractors while deducting up to $40 for missed shifts and $10 when they pressed a break button in the companies' app, a driver alleged in... (more story)

BofA Mortgage Officers Seek Class Status In OT Suit

Mortgage loan officers have asked a North Carolina federal court to certify two classes of workers who allege Bank of America Corp. denied them overtime pay required under state wage and hour laws.

Reed Smith Can Resume Atty Depo After Meeting Conditions

A New Jersey state judge has ruled that a former Reed Smith LLP attorney suing the firm for gender discrimination can be deposed nearly two years after her deposition left off, but only after the firm provides... (more story)

Okla. Firm Urges Dismissal Of EDNY Misclassification Suit

Oklahoma-based Arnold & Smith Law PLLC on Friday asked a New York federal judge to dismiss a New York attorney's lawsuit accusing the firm of misclassifying employees as contractors to avoid paying benefits, s... (more story)