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NLRB Member Open To Rethinking 'Skip Counsel' Policy

The National Labor Relations Board on Wednesday rejected a New York City youth homelessness nonprofit's challenge to a board policy for interviewing employer agents without consent from the employer's counsel, with one member of the board's Republican majority indicating he would be open to rethinking the policy in future cases.

Hiring signs are displayed in a grocery story window, two have yellow backgrounds and red lettering to show the pay scale and job titles available. Other signage shows the store is monitored by a camera and that masks are suggested

A State Law Cheat Sheet For Discrimination Attorneys

Maine's new law imposing pay transparency requirements on employers' advertisements for open jobs took effect, and Illinois' governor signed a bill that enshrines the concept of disparate impact discrimination into state antidiscrimination law. Here, Law360 looks at several state-level legislative developments over the past week that discrimination lawyers should know about.

Law360 Explores: The Subminimum Wage Debate

The federal minimum wage is often treated as a cornerstone of American employment law. But for hundreds of thousands of workers nationwide, exceptions remain embedded in the legal system. "Law360 Explores: Subminimum Wage," a three-part audio series, examines how and why certain workers can legally be paid less than the federal minimum, $7.25 an hour.

Expert Analysis

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)

Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

Allegra Lawrence-Hardy, Lisa Haldar and Katherine Kendricks

Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could b... (more story)

Labor More

AFGE Seeks Info On TSA's Security Privatization Plan

The American Federation of Government Employees sued the Transportation Security Administration in D.C. federal court, claiming the agency violated the Freedom of Information Act by refusing to provide documen... (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)

NLRB Says Starbucks Didn't Threaten To Bar Shift Swaps

Starbucks did not violate federal labor law by telling a worker that she could not work shifts at non-union cafes because her store unionized, a divided National Labor Relations Board panel said Wednesday in a... (more story)

UFCW Dinged For Firing Worker Who Testified Against It

A United Food & Commercial Workers local in Colorado violated federal labor law when it fired an employee who testified in a National Labor Relations Board case accusing it of bargaining in bad faith with its ... (more story)

Rising Star: Phillips & Associates' Melissa Berouty

Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who cl... (more story)

Laundry Co. Urges DC Circuit To Vacate Union Ouster Ruling

A New York commercial laundry company urged the D.C. Circuit to reverse a National Labor Relations Board ruling that it unlawfully withdrew recognition from a Workers United unit and assisted a worker in her e... (more story)

Mass. City Beats Due Process Claim By Cop Put On Leave

A Massachusetts federal court rejected a Cambridge police officer's due process claim over his placement on paid leave during a disciplinary investigation, finding that neither a requirement to stay home durin... (more story)

Discrimination More

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)

Rowan University Vet School Hit With 3 Discrimination Suits

Rowan University's new veterinary school was hit with three separate discrimination suits in New Jersey state court from a professor, a technician and an ophthalmologist who each claim the fledgling institutio... (more story)

Side view of woman with dreadlocks, her face obscured
11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructio... (more story)

Fisher Phillips Grows With Pair Of NJ Employment Litigators

Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP,... (more story)

Fired Immigration Judge Sues DOJ Over Bias Claims

A Democratic immigration judge fired days before her position became permanent has sued the U.S. Department of Justice, saying the Constitution does not give the president authority to discriminate against civ... (more story)

Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's his... (more story)

Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its... (more story)

Wage & Hour More

John Deere Says Severance Program Isn't ERISA Plan

John Deere has moved in Illinois federal court to dismiss former employees' claims that its severance program is governed by federal retirement law, arguing that the program's one-time lump sum payments requir... (more story)

Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual... (more story)

An elderly man clutching a walker and a healthcare worker holding his arm, both seen from the shoulders down.
NY Health Center Can't Pare Back Wage Suit, Judge Says

A New York federal judge refused Wednesday to narrow proposed groups of workers suing a healthcare facility over overtime and sick pay or dismiss the sick-leave and wage-statement claims, finding a former work... (more story)

Bakery Pays $45K After DOL Child Labor, Wage Probe

The operators of three San Antonio, Texas, bakery locations paid $45,000 in back wages and penalties after a U.S. Department of Labor probe found child labor and wage violations, the agency announced.

Rising Star: Littler's Rocio Blanco Garcia

Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of... (more story)

Md. Court OKs Collective In Construction OT 'Two-Check' Suit

A Maryland federal court has conditionally certified a collective of construction workers who allege their employer systematically underpaid overtime through a scheme of issuing two separate checks, with the s... (more story)

Lockheed Reaches $620K Deal To End Walking Time Claims

Lockheed Martin agreed to pay $620,000 to end a former employee's proposed class action alleging the defense contractor failed to pay employees for the time they walked to and from time clocks at a Pennsylvani... (more story)