Expert Analysis

Why Justices Should Rule On FAA's Commerce Exception

The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvemen... (more story)

FLSA Conditional Certification Is Alive And Well In 4th Circ.

A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in th... (more story)

Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluat... (more story)

Labor More

Vidal Says USPTO Has Improved Patent, TM Application Speed

The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.

Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal

Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, sayi... (more story)

A split NLRB panel backed a regional director's dismissal of a decertification petition from a Starbucks worker at a Portland, Oregon, cafe. (Nicolas Economou/NurPhoto via AP)
NLRB's Lone Republican Balks At Starbucks Decert. Dismissal

A split National Labor Relations Board panel on Thursday upheld the dismissal of a Starbucks worker's bid to oust the union at a Portland, Oregon, cafe, drawing a dissent from the board's lone Republican appoi... (more story)

Distributor's Drivers Kept From Proposed Warehouse Unit

A National Labor Relations Board official has greenlit over two dozen warehouse employees of an Oklahoma food distributor to vote on union representation by a Laborers local, rejecting the company's bid to exp... (more story)

Staffing Claim Against Kaiser Will Go To Trial, Judge Says

A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ru... (more story)

Oregon Hospice Workers Can Vote On Joining Existing Union

A group of Oregon home healthcare and hospice workers may vote on representation by a union that already represents their co-workers, provided that the so-called professional employees in the bargaining unit a... (more story)

Biden Taps Cohen Weiss Atty As PBGC Director

President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.

Discrimination More

Florida's Trans Care Ban Won't Be Paused Pending Appeal

A federal judge denied Florida's request Thursday to pause a court order blocking a state law that bans or restricts gender-affirming care for transgender minors and adults while it challenges the ruling at th... (more story)

4 Big Gender-Affirming Care Decisions From 2024's 1st Half

The U.S. Supreme Court allowed an Idaho law banning gender-affirming care for minors to become effective, the Eleventh Circuit upheld a trial court win for a transgender public safety employee in a healthcare ... (more story)

A Ninth Circuit panel questioned why Washington State University could not accommodate a doctor who refused to get a COVID-19 vaccination. (
9th Circ. Signals Dr.'s Vax-Refusal Case Deserves New Chance

Ninth Circuit judges signaled Thursday that they were likely to revive a doctor's case claiming he was wrongfully fired from his Washington State University residency for refusing to get a COVID-19 vaccination... (more story)

NFL Arbitration Clause Is Still No Good, Flores Tells 2nd Circ.

Former Miami Dolphins head coach Brian Flores implored the Second Circuit to keep his racial discrimination suit against the NFL out of arbitration Thursday, telling the court that the closed-door process is "... (more story)

Hospital Urges 4th Circ. To Back Win In Worker's Vax Bias Suit

A Virginia health system told the Fourth Circuit to let its win stand in a former nurse's lawsuit claiming she was unlawfully fired for refusing the COVID-19 vaccine because of her Christian beliefs, saying th... (more story)

Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit

A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough e... (more story)

7th Circ. Backs Abbott's Trial Win In Black Worker's Bias Suit

The Seventh Circuit refused to upend a jury verdict in favor of Abbott Laboratories and a manager in a Black former financial analyst's lawsuit, saying he failed to show that discrimination was afoot when he w... (more story)

Wage & Hour More

Kroger Asks To Delay At Least Part Of FTC Challenge

Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the ... (more story)

Campbell Soup Snack Truck Drivers Misclassified, Suit Says

A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed col... (more story)

A nurse's proposed wage class action against a now-shuttered Washington hospital was revived by the state Supreme Court, which allowed equitable tolling after the nurses union's earlier suit was tossed. (
Wash. Justices Revive Proposed Class Suit Over Nurse Wages

The Washington Supreme Court on Thursday said a nurse's wage theft suit against a hospital can proceed even though his claims are the same as the ones lodged by his union in a tossed suit, finding it would be ... (more story)

Ex-Sushi Restaurant Driver Should Get $23K In OT Case

A former delivery driver of a Manhattan sushi restaurant should receive about $23,000 in damages in his suit claiming unpaid wages, a New York federal judge recommended, significantly lowering what the worker had asked for.

IT Staffing Agency's Terms Exploit Workers, DOL Tells Court

An information technology staffing agency engages in "modern-day indentured servitude" via contract provisions that tether employees to jobs, forcing them to pay up to $30,000 if they leave the company, and ch... (more story)

Wash. Justices Agree To Review State's Pot Co. Wage Suit

The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.

​GOP Bombards Agencies With Demands After Chevron's End

Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-cal... (more story)