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A train with a light glowing on its front end rolls through a rail yard past another train.

8th Circ. Vacates DOL Penalty In BNSF Retaliation Row

The Eighth Circuit on Thursday vacated a $220,000 penalty imposed on BNSF Railway by the U.S. Department of Labor's whistleblower tribunal, ruling that the company is entitled to a jury trial in its retaliation dispute with a former employee.

government portrait of a smiling white woman with long blonde hair with bangs wearing a suit, pictured in front of the Virginia state flag

Virginia Labor Secretary Talks Beefing Up Wage Enforcement

The Virginia Department of Labor and Industry is launching a wage protection division, a priority in line with the state labor secretary's previous work as President Joe Biden's wage chief. Looman spoke with Law360 about hiring wage investigators, new state laws and filling in the gaps of the federal government.

A stack of blue-and-yellow signage for a federal government workers union.

Federal Union Can Probe Claims Of EEOC Class Action Freeze

The American Federation of Government Employees can collect further evidence from the U.S. Equal Employment Opportunity Commission in the union's suit claiming the agency illegally issued a blanket policy suspending all class actions from federal workers, a D.C. federal judge said, but she stopped short of offering immediate court intervention.

Expert Analysis

Rejection Of NLRB Successor Bar Renews An Employer Tool

Tim Garrett and Hunter Yoches

Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow pu... (more story)

Flashpoints In Focus: Minimizing Midterm Politics At Work

Dawn Solowey, Sam Schwartz-Fenwick and Beth Sherwood

With the upcoming midterm elections producing a steady stream of controversy, employers would benefit from plannin... (more story)

Tackling DOL Tips On When Midday Commutes Are Paid Time

Justin Barnes and Jeffrey Brecher

Two recent U.S. Department of Labor opinion letters explain when travel between home and work is compensable, prov... (more story)

Labor More

Restaurant Can't Dodge Bulk Of Black Workers' Bias Suit

A New York federal judge narrowed but declined to fully toss a suit from four Black servers who claimed that they were racially discriminated against and sexually harassed by male managers at a Mexican restaur... (more story)

Nonprofit Asks Court To Nix Contempt Bid In Bargaining Row

A homeless shelter operator asked a New York federal court to toss a bid from National Labor Relations Board prosecutors to hold the company in contempt for claims that it denied an order to bargain with an SE... (more story)

Pro-union pins spill out of a plastic bag onto a stack of papers.
2nd Circ. Faults NLRB's Dress Code Test In Starbucks Appeal

The Second Circuit faulted the test the National Labor Relations Board applies to neutral dress codes that restrict workers' displays of union insignia, tossing Wednesday a ruling that Starbucks illegally barr... (more story)

Fisher Phillips Adds Partner, 9 Attorneys In Mexico

Fisher Phillips announced Thursday that it has hired a partner and nine associates from the small, full-service Mexican firm Ibarra del Paso y Gallego SC, making it one of the largest labor and employment firm... (more story)

NLRB Judge Tosses Case Over Firing At Mich. Investment Firm

A Michigan investment firm didn't violate federal labor law by firing a worker who complained about what he saw as broken promises by management, a National Labor Relations Board judge has ruled, saying the wo... (more story)

NLRB Official Says Supervisor Tainted Pot Union Petition

A union drive at a Las Vegas pot dispensary was tainted by a supervisor's involvement, a National Labor Relations Board official has ruled, tossing a United Food and Commercial Workers local's petition to repr... (more story)

Casino Urges High Court To Stay Bargaining Order Mandate

A Las Vegas casino asked the U.S. Supreme Court to halt a D.C. Circuit mandate enforcing a bargaining order issued by the National Labor Relations Board, claiming the mandate should be stayed pending the casin... (more story)

Discrimination More

Judge Allows Partial Bias Trial Attendance For Trans Teacher

A Washington state judge rejected Seattle Public Schools' bid to sanction a transgender ex-substitute teacher for declining to attend the full trial in her case claiming a colleague orchestrated a harassment c... (more story)

Amtrak Dodges Ex-Employee's Age, Disability Bias Lawsuit

Amtrak defeated a former employee's lawsuit alleging he was fired because he was 55 years old and requested periodic days off to manage his anxiety, with a Pennsylvania federal judge ruling the worker couldn't... (more story)

A Ford sign is shown against a blue sky.
Ford To Pay $2.3M To End EEOC Probe Alleging Racist Graffiti

Ford Motor Co. has struck a $2.3 million settlement with the U.S. Equal Employment Opportunity Commission to close a harassment charge alleging that racist graffiti was commonplace in employee break rooms and ... (more story)

Ga. School District Wants Early Win In Nixed Job Offer Suit

A Georgia school district asked a federal judge to grant it an early win in a high school Spanish teacher candidate's lawsuit alleging her job offer was rescinded after school officials discovered online comme... (more story)

Ga. City, Ex-Court Admin To Mediate Retaliation Dispute

A federal judge has stayed a former court administrator's suit alleging the city of East Point, Georgia, fired her for complaining about a city council member's attempt to have a relative's court fine withdraw... (more story)

Worker Says Construction Co. Fired Him Over Age, Med Leave

A construction data and consulting firm fired an employee because he was over 40 and took time off to recover from a heart attack, according to a lawsuit filed in New Jersey state court.

DOJ, Kansas Settle Guard Deployment Bias Suit For $35K

The U.S. Department of Justice and the Kansas health department reached a settlement in a suit that accused the state of discriminating against a service member when it stopped funding her civilian job shortly... (more story)

Wage & Hour More

Worker Says Colo. Mining Co. Shorted Pay, Including Overtime

A uranium mining company operating in Wyoming shorted hourly workers' pay by rounding down workers' recorded time and removing bonuses from overtime rate calculations, according to a proposed class and collect... (more story)

AI Co. Misclassified Data Trainers As Contractors, Suit Says

An artificial intelligence data labeling company misclassified workers who performed AI training and annotation tasks as independent contractors, denying them wages, overtime pay and meal and rest breaks they ... (more story)

silhouette of a pump jack in an oilfield
Ex-Oilfield Tech Fights Bid To Arbitrate Wage Claims

A former field technician urged a California federal judge to reject an oilfield services company's bid to arbitrate his wage claims, saying the company only gave him the signature page of its arbitration prog... (more story)

Miss. Nursing Homes Say OT Discovery Must Stay Paused

Several nursing homes urged a Mississippi federal judge to keep discovery paused in a proposed overtime collective action, arguing that a former certified nursing assistant first must show that the court has j... (more story)

Home Care Aides Win Fees After Co. Defied Court Orders

A New York federal court ordered a home healthcare company to pay legal fees after finding it repeatedly ignored court orders to hand over documents in a wage suit brought by 14 home care workers, while stoppi... (more story)

Towing Co. Prez Can't Pierce Corporate Veil In Driver OT Suit

The president of a Texas towing company cannot escape a proposed collective action accusing the business of misclassifying tow truck drivers and denying them overtime, a federal judge ruled, finding the worker... (more story)

5th Circ. Affirms OT-Exempt Status For Oil Field Drillers

The Fifth Circuit affirmed a lower court ruling on Wednesday that found oil field directional drillers at an oil services company exempt from overtime pay, finding that a prior decision involving the same comp... (more story)