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Flawed NLRB Protections Can't Stop Case, Texas Judge Says

National Labor Relations Board members' and judges' job protections are unconstitutional, but these flaws don't block the agency from prosecuting labor violations, a Texas federal judge said in a decision splitting with a recent ruling from a different district.

A sign above a door says JPMorgan Chase

1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

Person uses an AI chatbot on a computer

AI Could Shift Exempt Status For Administrative Employees

The spread of artificial intelligence tools in the workplace could require employers to pay minimum wage and overtime under the Fair Labor Standards Act, because employees could lose their discretion and independent judgment under the federal statute's administrative exemption, attorneys say.

Expert Analysis

Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

Bradford Kelley

Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against ... (more story)

Class Actions At The Circuit Courts: July Lessons

Mitchell Engel

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involv... (more story)

Flashpoints In Focus: Employer Risk After Trans Sports Ruling

Dawn Solowey, Alison Silveira and Lilah Wylde

Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans w... (more story)

Labor More

Union Seeks Election For Wikipedia Host Workers

A Communications Workers of America affiliate will file for a union election with the National Labor Relations Board after a nonprofit organization that hosts Wikipedia and related projects rejected its bid fo... (more story)

Union Can't Escape Longshoreman's Retaliation Suit

A Miami longshoreman can proceed with part of his lawsuit alleging that his union retaliated against him after he repeatedly reported a co-worker for insubordination, a Florida federal judge has ruled, finding... (more story)

Handheld sign at an outside rally reading "AFGE"
1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

Charges Dropped Against SEIU Official Who Protested ICE

Federal prosecutors in California have dropped charges against a Service Employees International Union official who was arrested after he blocked a police vehicle during a U.S. Immigration and Customs Enforcem... (more story)

EEOC Illegally Froze Fed Workers' Class Cases, Suit Says

The U.S. Equal Employment Opportunity Commission has unlawfully directed administrative judges to halt pending class action complaints filed by federal employees, the American Federation of Government Employee... (more story)

Amtrak Says Arbitral Award Can't Dictate Future PTO Claims

Amtrak has asked a District of Columbia federal court to toss a lawsuit brought by two railroad unions over its paid time off accrual policy, arguing the dispute must go to arbitration because it involves the ... (more story)

NLRB Pulls Challenge To NY's Labor Agency Fill-In Law

The National Labor Relations Board has pulled its challenge to a New York law that lets the state's employment board perform certain NLRB functions when the federal agency is immobilized, saying Monday that th... (more story)

Discrimination More

Ortho Practice Owes More Damages After Sex Bias Verdict

A Pennsylvania-based orthopedic practice and a group of five female employees who accused the healthcare provider and its related entities of sex discrimination came to an agreement Tuesday on how much back an... (more story)

Union Pacific Won't Hire Drivers Using Opioid Meds, Suit Says

Union Pacific Railroad Co. refuses to hire train drivers who take certain medications for opioid use disorder without evaluating their cases individually, in violation of the Americans with Disabilities Act, a... (more story)

the top of a police car with flashing red and blue lights
7th Circ. Shuts Down Trans Cop's Bias Suit

The Seventh Circuit declined Tuesday to reinstate a transgender police officer's bias suit claiming she was outed by her colleagues, ruling her allegations lack teeth given that leadership only disclosed her g... (more story)

Delta, EEOC Seek Approval For Pregnancy Bias Suit Deal

Delta Air Lines Inc. will pay nearly $17,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully revoked a job offer from a worker who was prevented from completing a physic... (more story)

Med Center To Pay $200K To End EEOC Disability Bias Probe

The U.S. Equal Employment Opportunity Commission said Tuesday that a California medical center has agreed to pay $200,000 to wrap up an investigation into a nurse's claim that it violated disability bias law b... (more story)

Former JPMorgan Banker Levels Race Bias, Harassment Suit

A former JPMorgan Chase employee filed a race discrimination and sexual harassment suit against the investment bank in Manhattan federal court Monday, on the heels of dropping a similar state court complaint t... (more story)

Hyundai Unit Beats Disability Bias Suit Over Cannabis Use

A Hyundai subsidiary defeated a former temporary employee's lawsuit alleging she was denied a permanent position because she used medical marijuana to manage her PTSD, with a Connecticut federal judge finding ... (more story)

Wage & Hour More

Amazon To Pay $2M To End Suit Over Rest Breaks In Wash.

Amazon will pay $2 million to resolve Amazon Fresh and Amazon Go store workers' accusations that the e-commerce giant failed to provide them with meal and rest breaks required under Washington state law, accor... (more story)

Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashe... (more story)

Photo illustration depicting a judicial gavel and a silver stethoscope resting on a black book that bears "FMLA" on its spine
8th Circ. Backs Quartz Co. In FMLA Firing Suit

The Eighth Circuit affirmed a quartz-surface manufacturer's win in a former process engineering technician's suit alleging he was unlawfully fired while on medical leave, finding Tuesday the employer eliminate... (more story)

Counsel's Conduct Can't Decertify Server Class In Tips Suit

A Connecticut state judge refused to decertify a class of steakhouse servers alleging they were shorted on wages for untipped work, ruling their attorney's emotional and unprofessional conduct did not cast ser... (more story)

Staffing Firm Workers Fight To Keep FLSA Collective Intact

Manual laborers who claim a North Carolina staffing company shorted them on wages urged a federal judge to keep their overtime collective intact, arguing that uniform timekeeping failures and coercive time-she... (more story)

Auto Parts Co., Workers Oppose Pretrial Wins In Wage Fight

An auto parts manufacturer and four North Carolina workers urged a judge to reject each other's partial early win bids, disputing whether rounding practices and time-record edits deprived employees of pay.

AT&T Technician In Ill. Sues For Pre-, Postshift Work Pay

AT&T's Illinois unit was hit Monday with proposed class pay claims by a premises technician who says the telecommunications giant illegally fails to compensate premises technicians for duties they're required ... (more story)