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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

When Leaked Settlement Talks Complicate High-Profile Cases

Rachel Maimin, Julie Levinson Werner and Rachel Dikovics

A recent sexual harassment case involving JPMorgan Chase highlights how leaked settlement offers can affect public... (more story)

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)

Labor More

Teamsters Say Member Objections Don't Warrant Oversight

The Teamsters defended their agreement with the U.S. Department of Justice in New York federal court to wind down decades of federal monitoring of the union, saying concerns members raised after the deal was a... (more story)

Legal Aid Union Alleges Unlawful Incentives To Break Strike

The Neighborhood Defender Services of Harlem union announced on the third workday of its strike Tuesday that it has filed unfair labor practice charges with the National Labor Relations Board, accusing its man... (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. 

DHS Can't Undo Order Halting TSA Union Deal Cancellation

A federal judge in Seattle denied the Trump administration's bid on Tuesday to lift a court order blocking the U.S. Department of Homeland Security from canceling a collective bargaining agreement covering tho... (more story)

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)

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)

Discrimination More

Tech Company Gets Sex Bias Suit Kicked To Arbitration

A California federal judge said an ex-Tencent worker must arbitrate her claims that the company fired her after she complained that a male colleague sexually harassed her, ruling that the behavior she proteste... (more story)

Insurer Says It Won't Cover $10M Bias Award Against HR Org.

An insurance company urged a Virginia federal judge to rule that it doesn't have to cover a $10 million award won by a former Society for Human Resources Management employee who sued the association for race b... (more story)

Digital Textbook Co. Resolves EEOC Disability Bias Probe

A North Carolina-based education software provider will pay $150,000 to end an investigation by the U.S. Equal Employment Opportunity Commission into a worker's claim that she was fired because she requested m... (more story)

Judge Says Jet Co. Should Escape Sex, Pay Bias Claims

A former private jet company executive failed to plausibly allege that she was denied a promotion, underpaid, subjected to a hostile workplace or forced to resign because she is a woman, a North Carolina feder... (more story)

Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

"It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying... (more story)

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)

Wage & Hour More

9th Circ. Says Aviation Co. Waived Arbitration In Wage Suit

An aviation company that spent over two years litigating a wage and hour class action in federal court before seeking arbitration lost its chance to compel individual arbitration, the Ninth Circuit ruled, sayi... (more story)

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)

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)

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)

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.