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5 Precedents Attorneys Expect The Trump NLRB To Rethink

The impending arrival of a third Republican on the National Labor Relations Board signals the board may rethink its ban on captive audience meetings and scale back its scrutiny of employers’ midcontract changes, among other notable labor-friendly policies. Here, Law360 looks at these and others atop the list of precedents attorneys expect the Trump NLRB to review.

Man in suit seated at a microphone before a name card reading "Mr. Macy," with other individuals seated in the background

Confirmations To Labor Board Set Up Policy Shift

The National Labor Relations Board is set to begin rethinking a pile of union-friendly precedents set under former President Joe Biden after the U.S. Senate on Friday confirmed two nominees, including a third Republican member.

Musical notation written on a chalkboard.

EEOC Urges 2nd Circ. To Reopen NYC Teacher's Age Bias Suit

The U.S. Equal Employment Opportunity Commission asked the Second Circuit to reinstate a New York music teacher's age discrimination and retaliation claims, arguing that a trial court applied outdated and overly strict standards when dismissing the case last year.

Expert Analysis

Limiting Employer Risk If Calif. Case Upends Time Rounding

Jacqueline Crispino

The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even elimin... (more story)

Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

Daniel Passeser

The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising execu... (more story)

EEOC Bias Guidance Rollback Doesn't Negate Employer Risks

Kevin Koronka, Catarina Colón and Sarah Vincent

Despite the U.S. Department of Justice recently challenging Title VII's disparate impact provisions and the U.S. E... (more story)

Labor More

Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with ... (more story)

Calif. Forecast: 9th Circ. Hears NBA Announcer Tweet Dispute

In the week ahead, attorneys should watch for Ninth Circuit oral arguments in a former NBA announcer's wrongful termination suit against a radio station. Here's a look at that case and other labor and employme... (more story)

A croupier's hand is pictured counting chips at a baccarat gaming table inside a casino
D.C. Circ. Won't Revisit Casino Bargaining Order Ruling

The full D.C. Circuit will not reconsider a panel decision finding that ordered a Las Vegas casino to bargain with a union after finding that the casino violated federal labor law during a union campaign for h... (more story)

Rising Star: Wigdor's Meredith Firetog

Meredith Firetog of Wigdor LLP negotiated a settlement for a Sean "Diddy" Combs accuser who became a key witness in the case that resulted in his conviction for transporting women for prostitution, earning her... (more story)

ERISA Recap: 6 Important Rulings From July

The Ninth Circuit rejected a fund manager's bid to force arbitration in a 401(k) suit, a district court tossed a pension de-risking suit and the D.C. Circuit unraveled a union pension fund's $13 million withdr... (more story)

Summer's Last NYC Public Defender Strike Ends With Deal

The Bronx Defenders union said it has struck a deal with the organization's management, ending the last public defender strike in New York City this summer.

NY Forecast: Judge Weighs Blocking Farm Labor Contract

In the week ahead, a New York federal judge will consider a worker's request to block a labor contract implemented at an upstate farm after an arbitration process laid out in a state law granting union rights to farmworkers.

Discrimination More

CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Q... (more story)

6th Circ. Won't Reopen Ex-HR Worker's Race Bias Suit

The Sixth Circuit upheld an auto parts manufacturer's win in a lawsuit alleging it unfairly disciplined a Black human resources employee because she complained about bias, concluding she hadn't overcome the co... (more story)

Black judge’s gavel with a metallic band resting on a sound block on a wooden surface against a dark blurred background
EEOC Advances Suit Over Job Denial For Worker With Cancer

Two property management companies can't avoid a U.S. Equal Employment Opportunity Commission lawsuit claiming they retracted a job offer after learning of a worker's cancer diagnosis, a Massachusetts federal j... (more story)

DOJ Says Duke Law Favors Black, Hispanic Applicants

Duke University School of Law intentionally discriminated against prospective white and Asian students in its efforts to pursue racial diversity in its incoming classes, the U.S. Department of Justice asserted Thursday.

Mark Zuckerberg's Foundation Can Arbitrate Gender Bias Suit

A California federal judge on Thursday sent to arbitration claims that the foundation run by Meta CEO Mark Zuckerberg and his wife Priscilla Chan discriminated against women, saying the suit's sexual harassmen... (more story)

EEOC Says Truck Co.'s Training Policy Shortchanged Women

A trucking company and its driver training affiliate discriminated against female students by letting some male trainers refuse to pair with them and seeking their spouses' sign-off for a male teacher to be as... (more story)

Mich. Contractor, Teamsters Defeat Driver's Race Bias Claim

A former truck driver has lost his race discrimination lawsuit against Doan Construction Co. and a Teamsters local after a Michigan federal judge found the company reasonably believed it fired him for punching... (more story)

Wage & Hour More

Manufacturer Unistrut Hit With FLSA Suit Over OT Pay

A former Unistrut International Corp. worker filed a proposed collective action in Michigan federal court on Friday accusing the metal framing system manufacturer of shortchanging thousands of hourly employees... (more story)

Crocs Workers Near $300K Deal In OT Miscalculation Suit

Distribution center workers who accused Crocs Inc. of miscalculating overtime pay by excluding shift differentials and bonuses from their regular rate have moved to settle their Fair Labor Standards Act claims... (more story)

Home Depot Seeks Early Win In Moonlighting Class Suit

Home Depot has asked a Washington federal court to end a class action alleging its outside employment policies violate state law before trial, arguing the worker who brought the suit never signed any noncompet... (more story)

Translation Co. Can't Escape Misclassified Workers' OT Action

A former worker's wage and hour class action against a translation services company largely survived a motion to dismiss in California federal court, with most claims allowed to proceed while the wrongful term... (more story)

Judge Tosses Nuclear Power Wage-Fixing Case, For Now

A Maryland federal court tossed a proposed class action accusing nuclear energy producers including Constellation Energy, DTE Energy and Duke Energy of fixing wages, after finding the claims came too late.

Wash. Equipment Dealer Worker Pursues Collective Wage Suit

About 50 employees of a heavy machinery dealer in Washington state were impacted by the company's noncompliance with the Fair Labor Standards Act, a former employee alleged, asking a Washington state judge to ... (more story)

Mich. Contractor Faces Class Claims For Unpaid Work Time

A former commercial service technician has accused a Michigan-based industrial maintenance contractor in federal court of systematically removing hours from field employees' time records and failing to pay the... (more story)