A woman speaks into a microphone in a congressional hearing room.

Attys Say Absence Of NLRB Priority Memo Won't Affect Cases

The National Labor Relations Board's new general counsel, Crystal Carey, has broken tradition set by her predecessors through her recent announcement that she will not issue a widely expected memo establishing her policy priorities, but experts do not expect the memo's absence to noticeably affect prosecutions at the board.

House Speaker Nancy Pelosi of Calif., center, speaks as she holds up a copy of H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, during a bill enrollment ceremony on Capitol Hill in Washington, Wednesday, March 2, 2022. Pelosi is with, from left, Rep. Jerrold Nadler, D-N.Y., Rep. Cheri Bustos, D-Ill., and Rep. Pramila Jayapal, D-Wash. (AP Photo/Susan Walsh)

3 Argument Sessions Bias Attys Should Watch In February

The Ninth Circuit will analyze the scope of a law barring mandatory arbitration in sexual harassment disputes, while the Seventh Circuit will consider a U.S. Equal Employment Opportunity Commission disability bias case against Walmart before tackling a religious discrimination suit over pharmaceutical giant Lilly's COVID-19 vaccine mandate. Here, Law360 looks at three oral arguments that discrimination attorneys should keep tabs on in February.

A weekly time sheet shows time in, time out and hours with the hours written in blue ink

3 Wage-Hour Considerations As OT Tax Policy Advances

Employers should be extra careful about getting overtime compliance right and should communicate with workers, since confusion over a new federal tax deduction for overtime pay can trigger legal headaches, attorneys said. Here, Law360 explores tips for following the new tax policy with potential wage implications.

Expert Analysis

Justices' BDO Denial May Allow For Increased Auditor Liability

Dean Conway

The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed ... (more story)

Class Actions At The Circuit Courts: January Lessons

Mitchell Engel

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October ... (more story)

What US Cos. Must Know To Comply With Italy's AI Law

Ilaria Curti, Laura Liguori and Jeremy Maltby

Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian cus... (more story)

Labor More

NLRB Defends Starbucks Threat Findings At 9th Circ.

Starbucks can't challenge a new restriction on employer speech that the National Labor Relations Board set out in a decision knocking the company's response to a Seattle union drive because the board only appl... (more story)

Air Contractor Opposes NLRB Jurisdiction In Union Row

A cargo handling contractor urged the National Labor Relations Board to reverse an official's decision to certify the International Association of Machinists and Aerospace Workers as the bargaining representat... (more story)

NLRB Nixes Deal To End Employment Agreement Case

A deal to settle a challenge to a wheelchair company's employment agreements must be reversed because it doesn't go far enough, the National Labor Relations Board said in its most substantial decision since ge... (more story)

Calif. Forecast: 9th Circ. Hears Netflix Harassment Args

In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments regarding whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prevents Netflix from seeking t... (more story)

Post-Gazette Says Health Plan Order Contempt Bid Is Moot

The publisher of the Pittsburgh Post-Gazette says it is complying with a court order to put its newsroom employees back on a union-sponsored healthcare plan, so a request from the National Labor Relations Boar... (more story)

NLRB Judge Clears Medieval Times In Union Bias Case

​​​​​​Medieval Times did not violate federal labor law by disciplining an employee who participated in a union campaign and testified in a previous case involving the American Guild of Variety Artists, a Natio... (more story)

UPS Worker's Supervisor Status Dooms Teamsters Bias Suit

An Indiana federal judge tossed a UPS manager's suit claiming a Teamsters local allowed its members to harass him with baseless complaints that he was a racist, ruling he couldn't sue under Title VII because, ... (more story)

Discrimination More

Back Pay Over Vax Mandate Is Equitable Relief, Justices Hear

A U.S. Air Force reservist told the U.S. Supreme Court this week that equitable relief under a religious freedom law should extend to his back pay claim related to his refusal to follow its COVID-19 vaccine ma... (more story)

7th Circ. Grills Trump Admin Atty Over Definition Of Illegal DEI

Seventh Circuit judges on Friday pushed an attorney for the Trump administration to define what kind of diversity, equity and inclusion initiatives it deems illegal in requiring grant recipients to certify the... (more story)

Man with short brown hair and a trimmed beard wearing a dark suit, white dress shirt, and textured red tie, speaking while gesturing with one hand at a table with a water bottle, with other people seated blurred in the background.
FTC Warns 42 Law Firms Of DEI 'Anticompetitive Collusion'

The Federal Trade Commission announced Friday that it has sent warning letters to 42 major law firms for their purported participation in an outside diversity, equity and inclusion program, alleging their part... (more story)

Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules

Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite"... (more story)

1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit rul... (more story)

AstraZeneca Beats FMLA Suit After Ex-Worker Went Silent

AstraZeneca won't have to face a former employee's lawsuit alleging the pharmaceutical giant fired him for taking medical leave to address his gastrointestinal illness, a Connecticut federal judge ruled, sayin... (more story)

NY Forecast: 2nd. Circ. Hears Fired Police Officer's Bias Suit

This week, the Second Circuit will consider reviving a former Eastchester, New York, police officer's suit claiming he was suspended and later fired because of his national origin.

Wage & Hour More

Uber Eats, 2 Others To Pay Workers $5M In Wage Deal With NYC

Uber Eats and two other food delivery platforms will pay more than $5 million in total to nearly 50,000 workers in New York City for violating the city's minimum wage requirements for delivery workers, Mayor Z... (more story)

NYC Says Instacart Can't Pause Wage Laws Under Appeal

Instacart cannot pause New York City wage laws for some delivery workers while it appeals an order denying a bid to halt enforcement, the city told a federal court, arguing the company has not shown irreparabl... (more story)

Against a background with horizontal shades of blue, lavender and purple, the company logo spells SIEMENS in white letters
1st Circ. Says Worker's Cold Feet Can't Halt Wage Deal

A former Siemens Industry union electrician's change of heart on an $84,000 settlement to end her suit seeking unpaid wages cannot undo the deal, the First Circuit ruled, calling the former employee a "disgruntled" litigant.

Topgolf Worker Tees Up Class Wage Claims In Wash. Court  

A Washington state worker is targeting Topgolf over allegations of below-par compensation practices, according to a new proposed class action alleging break and overtime violations.

Wage & Hour Features Revisited: EMD Sales At 1, NYC Shifts

From the impact of the U.S. Supreme Court's decision on which evidence standard Fair Labor Standards Act exemption disputes require to a look at New York City's gig worker shakeup, catch up on Law360 Employmen... (more story)

Frito-Lay Hit With Wage Claims By Wash. Machine Operator

A Frito-Lay Inc. employee launched a proposed class action in Washington state court, accusing the company of violating state labor law.

NYC Sets New Wage Standards For Security Guards

Security guards at private buildings in New York City will be entitled to the same minimum wage, paid time off and benefits received by security guards at public buildings under a new union-supported city law ... (more story)