Employment & Labor
Wage Claims in FLSA Collective Action Proceed to June 2026 Trial After Judge Denies Second Summary Judgment Motion
California Court of Appeal Void Blue Origin’s Arbitration Agreement for Unconscionability and Lack of Mutuality
The California Court of Appeal affirmed the trial court’s denial of Blue Origin’s motion to compel arbitration, holding that the company’s employment agreement was both procedurally and substantively unconscionable.
Will County Sheriff Dismissed from §1983 Suit for Failure to Allege Personal Involvement or Widespread Policy
Judge John J. Tharp granted Will County’s motion to dismiss a §1983 national origin and ancestry discrimination claim against the Sheriff in both personal and official capacities, but granted leave to amend.
Fourth Circuit Holds Black Lung Claim Shifts to Trust Fund When District Director Omits Financial Capability Analysis
Comfort Keepers Franchisee to Pay $324,200 to Settle EEOC Pregnancy Discrimination and GINA Claims
Lender Escapes WARN Act Liability as Parent Company's Control Over Failed Textbook Distributor Heads to Trial
A federal judge granted summary judgment to a secured lender in a class action over the abrupt shutdown of a struggling textbook distributor, but left open whether the company's parent entity can be held liable for failing to provide 60 days' notice under...
Bedford County Denied Summary Judgment in USERRA Case Over National Guard Termination Dispute
The Eastern District of Tennessee denied Bedford County’s motion for summary judgment in a USERRA lawsuit brought by Skylar Wamsley, finding genuine issues of material fact regarding whether his military service motivated his termination and whether a...
Union Loses Challenge to Arbitrator’s Enforcement of 24-Hour Grievance Deadline and Imposed Writing Requirement
Burden of Proof on 'Cause' Termination and Faithless Servant Jury Instructions Set in Kraft v. Arena Group
In a dispute over severance pay and fiduciary duties, Southern District of New York Judge Lewis J. Liman has ruled that the burden falls on the plaintiff to prove by a preponderance of the evidence that his termination was without cause in an at-will...
District Court Equitably Tolls FLSA Statute of Limitations for Putative Collective Action Members During Pending Motion to Dismiss
Lori’s Gifts to Pay $600,000 in EEOC Disability Discrimination Settlement
The U.S. Equal Employment Opportunity Commission has reached a $600,000 settlement with Lori’s Gifts, Inc., resolving allegations that the nationwide hospital gift shop chain unlawfully screened out job candidates with disabilities.
Liberty University Faces VHRA Discrimination Claim; Retaliation Case Narrowed to Sexual Harassment Complaints
Peter Brake’s employment discrimination lawsuit against Liberty University will proceed on a narrowed set of claims after the court denied the university’s motion to reconsider its prior denial of summary judgment.
UVA Health’s COVID Vaccine Exemption Policy Certified as Class-Wide Religious Discrimination Under Title VII
Judge Robert S. Ballou of the U.S. District Court for the Western District of Virginia has certified a class of approximately 210 employees who claim UVA Health discriminated against them by denying religious exemptions from a mandatory COVID-19 vaccination...
GKN Driveline North America Prevails on Motion to Deny Class and Collective Certification in Wage-and-Hour Litigation
Chief District Judge Catherine C. Eagles denied motions to certify class and collective actions in three consolidated wage-and-hour lawsuits against GKN Driveline North America, Inc., ruling that plaintiffs failed to demonstrate manageability or commonality...
GKN Driveline North America Defeats Class and Collective Certification in Wage-and-Hour Litigation
Chief District Judge Catherine C. Eagles denied motions to certify classes and FLSA collectives in three wage-and-hour lawsuits against GKN Driveline North America, Inc., ruling that plaintiffs failed to demonstrate that a group adjudication would be more...
GKN Driveline Wins Denial of Class and Collective Certification as Plaintiffs Fail to Prove Manageability in Wage-and-Hour Dispute
Chief District Judge Catherine C. Eagles denied motions to certify Rule 23 classes and FLSA collectives in three consolidated wage-and-hour lawsuits against GKN Driveline North America, Inc., ruling that plaintiffs failed to demonstrate common issues...
Court Allows Disparate Impact Claims to Proceed in Criminal Background Check Case, Rejecting NTT Data's Reconsideration Bid
The U.S. District Court for the Western District of New York has denied NTT Data, Inc.’s motion to reconsider its July 2025 order allowing a putative class action’s Title VII disparate impact claims to proceed, rejecting the employer's arguments that the...
NLRB May Use Outside Affidavits to Prove Irreparable Harm in Section 10(j) Injunction
The Eastern District of Kentucky permitted the National Labor Relations Board to submit affidavits addressing irreparable harm in its Section 10(j) injunction petition against Hearthside Food Solutions, LLC.
Chimney-Service Workers Win FLSA Collective Certification Over Alleged Flat-Salary, No-Overtime Pay Scheme
A federal magistrate judge in the Eastern District of New York conditionally certified an FLSA collective action brought by chimney technicians and helpers who say their employer paid flat weekly salaries while requiring them to work up to 90 hours a week...