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Colleges Claim Immunity In NCAA Players' Wage Suit

Three universities told a Pennsylvania federal judge Monday that the 11th Amendment shields them from a lawsuit by a group of college athletes fighting to be recognized as employees, arguing that as arms of the state they cannot be sued privately in federal court.

Scale balancing figures of a man and woman. (iStock.com/sefa ozel)

EEOC Tells 4th Circ. Trial Court Got Retaliation Test Wrong

The U.S. Equal Employment Opportunity Commission has told the Fourth Circuit a lower court erred when it nixed retaliation claims from a consulting firm director who said her male boss mistreated her, arguing the trial court hadn't properly applied a 2006 U.S. Supreme Court decision.

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High Court Turns Away Builder's 6th Circ. NLRB Challenge

The U.S. Supreme Court declined Monday to rethink how courts interpret the contours of National Labor Relations Board policies, rejecting a builder's challenge to a Sixth Circuit ruling permitting a union to withdraw from group contract negotiations.

Expert Analysis

High Court's H-2A Case Could Reshape Agency Adjudication

Timothy Taylor, Laura Flint and Tanner Slaughter

The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer fo...(read more)

Calif. Sex Harassment Cases Clarify Limits On EFAA Waivers

Ellen Connelly Cohen

Two recent rulings in California confirm that the plaintiff's knowledge drives waiver analysis under the Ending Forced Arbitrat...(read more)

NLRB Ruling Redraws Arbitration Confidentiality Limits

David Broderdorf, Samuel Sadeghi and Morgan McGreevy

The National Labor Relations Board's recent decision in Ralphs Grocery adds to a growing body of board precedent that offers ta...(read more)

Labor More

2nd Circ. Says Connecticut Cop's Firing Claims Were Too Late

A Connecticut police sergeant who has fought discipline for excessive force since 2020 cannot proceed with federal constitutional claims against the city of Torrington, a Second Circuit panel ruled Monday in finding that t...(read more)

Texas Orchestras Fight NLRB Bargaining Order At 5th Circ.

The Fifth Circuit should free three Texas orchestras from their obligation to bargain with an American Federation of Musicians local, the orchestras argued, saying they were within their rights to end their 30-year relatio...(read more)

Trump Allowed To Ban Federal Unions, Administration Argues

President Donald Trump was allowed to kick unions out of the federal workforce using the argument that the unions threatened national security, his administration claimed, asking a California federal judge to toss six unio...(read more)

Hospital Can't Redo Nurses Union Row, NLRB Says

An Oregon hospital cannot win remand of its case challenging a National Labor Relations Board order requiring the hospital to bargain with a nurses union, the board has told the D.C. Circuit, claiming the hospital can't re...(read more)

Wash. Judge Faults DOL's Approval Of Farm Wage Survey

The U.S. Department of Labor acted unlawfully in approving a state wage survey that split farmworkers' piece-rate pay into separate categories, a Washington federal judge ruled, but he rejected a farmworkers union's other ...(read more)

Penn Urges Court to Keep Union Arbitration Dispute Alive

The University of Pennsylvania urged a federal court Friday to keep its lawsuit challenging a United Auto Workers affiliate's bid to arbitrate a dispute over graduate student union coverage, claiming certain first- and sec...(read more)

NY Forecast: Class Award In Teacher Bias Case At 2nd Circ.

This week, the Second Circuit will consider a challenge to the $350,000 incentive award a federal judge approved for the representative of the class in a long-running dispute accusing the New York City Board of Education o...(read more)

Discrimination More

9th Circ. Gives Wash. Worker 2nd Chance At Vax Bias Suit

The Ninth Circuit on Monday gave a Christian worker another chance to claim a Washington state agency illegally fired her for opposing its COVID-19 vaccine mandate on religious grounds, directing the lower court to zero in...(read more)

Carhartt Hit With $100M Race Bias Claim By Ex-VP

A former Carhartt Inc. vice president who says she was the apparel company's highest-ranking Black executive has filed a federal lawsuit seeking at least $100 million in punitive damages, alleging she was subjected to raci...(read more)

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Justices Pass On Chance To Assess Muldrow's Effect On PIPs

The U.S. Supreme Court on Monday rejected a former information technology employee's invitation to clarify whether workers' placement on performance improvement plans that don't result in termination or changes in pay and ...(read more)

Geico Bars Wash. Workers From Discussing Pay, Suit Says

Geico is facing a proposed class action in Washington state court alleging that its confidentiality agreement unlawfully prevents employees in the state from discussing their wages and potentially illegal conduct at work.

United Airlines Escapes Ex-Pilot's Military Bias Lawsuit

United Airlines defeated a former pilot's lawsuit alleging it unlawfully refused to reinstate him following a lengthy furlough he took to serve in the Air Force Reserve, with an Illinois federal judge ruling he hadn't prov...(read more)

Pharmacy Tech's COVID Vax Bias Suit Falls Short At 7th Circ.

The Seventh Circuit refused to reopen a suit alleging an Illinois county hospital fired a pharmacy technician for requesting a religious exemption from the COVID-19 vaccine, saying it was bound by a recent ruling nixing a ...(read more)

Justices Turn Away Mexican American Teacher's Bias Suit

The U.S. Supreme Court declined on Monday to review a teacher's discrimination suit claiming he was fired out of bias for his Mexican American ancestry, leaving intact a Fifth Circuit decision that concluded he hadn't show...(read more)

Wage & Hour More

Fla. Judge Finds H-2A Wage Rule Suit Moot After Replacement

A Florida federal judge granted the Trump administration's push to dismiss a lawsuit challenging a Biden-era rule that increased wages for foreign farmworkers in light of a new interim rule that has been issued.

Up Next At High Court: Pipeline Takings & H-2A Fines

The U.S. Supreme Court will wrap up its November sitting by hearing disputes over whether federal or state law should control how much compensation landowners receive for private condemnations under the Natural Gas Act and...(read more)

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Walmart To Pay $7.8M Over Pa. Child Labor Law Violations

Walmart agreed to pay $7.8 million to resolve a state investigation that found violations of Pennsylvania's child labor law at stores across the state, including allowing minors to work more hours than permitted and failin...(read more)

Court Keeps 'Willful' Question Dead In Home Depot Wage Row

The Ninth Circuit's recent decision to revive wage claims against Jack in the Box doesn't compel an Oregon federal judge to scrap a colleague's finding in litigation against Home Depot, the judge said, rejecting a challeng...(read more)

Texas School Police Say Off-Duty Dog Care Went Unpaid

Police officers who handle drug- and bomb-sniffing dogs for Houston's school district sued the district in Texas federal court Friday, saying they were denied overtime pay for caring for the dogs at home outside their sche...(read more)

6th Circ. Ruling Can't End Health Co. Meal Break Suit

A Tennessee federal judge has narrowed but allowed a 5-year-old suit to proceed, finding that workers can pursue claims that a behavioral health company failed to pay them for interrupted meal breaks, while rejecting claim...(read more)

Worker Says Savers Value Denied Full Wages, Breaks

Thrift-store operator Savers Value Village Inc. rounded workers' hours in the company's favor, denied breaks and improperly calculated overtime and sick pay, according to a proposed class action filed in state court.