Practice area · Employment
41 published articles in this practice area.
Staffing-agency claims also fail due to unexhausted EEOC process, providing a roadmap for hospitals and vendors to defeat discrimination suits by contracted clinicians.
The court held that the New York Convention reaches a seaman’s employment agreement despite the FAA’s seaman exclusion, while limiting when nonsignatories can use equitable estoppel to compel a Jones Act claim.
The Fourth Circuit held that 125 working days can establish a year of coal-mine employment and that the absence of a required coverage statement supports a presumption of financial capability. The court remanded for further action directing payment from the Black Lung Disability Trust Fund.
The panel held that the FAA's mandatory language does not permit a district court to avoid ruling on a motion to compel arbitration by administratively closing the case.
Court rejects as-applied challenge by activists who recorded on private property after being told to leave.
The court affirmed judgment for RTI Restoration Technologies and Industrial Maintenance Industries, holding that a pension fund’s duty to issue a withdrawal-liability notice and demand “as soon as practicable” is an element of its claim that a court may decide without prior arbitration.
The Court of Appeals for the Seventh Circuit affirmed the denial of a preliminary injunction sought by the Associated Press and other media plaintiffs challenging Indiana’s execution-witness policy.
Panel holds that ordinance requiring platforms to disclose deactivation policies regulates nonexpressive conduct or, alternatively, commercial speech subject to lower scrutiny.
In affirming dismissal of a retaliation suit against DHS, the Seventh Circuit held that Department of the Navy v. Egan's limit on reviewing security-clearance decisions goes to the merits, not the court's power to hear the case—reshaping how defense counsel must plead the defense.
A Ninth Circuit panel enjoined enforcement of the 'No Vigilantes Act' identification requirement against federal agencies, holding the United States is likely to prevail on its claim that the law directly regulates federal law enforcement operations.
Affirming a disability benefits award against Reliance Standard, the court held that an untimely internal-appeal decision is not a valid exercise of fiduciary discretion—triggering de novo review even when the plan grants discretionary authority.
In Thomas v. EOTech, a panel held that onboarding-paperwork limitations clauses cannot cut short the time Congress gave employees to sue under federal antidiscrimination law, though a parallel state-law claim still fell to the same clause.
The Court held that Boyle v. United Technologies does not immunize contractors from state tort claims when the military neither ordered nor authorized the challenged conduct, reversing the Fourth Circuit and reopening a wounded soldier's negligence suit against Fluor Corp.
A divided D.C. Circuit stayed an order blocking the Pentagon's escort requirement for credentialed reporters, finding the government likely to prevail for now against a First Amendment retaliation challenge by The New York Times and reporter Julian Barnes.
The Seventh Circuit affirmed summary judgment for the Department of Veterans Affairs, finding a fired pharmacist lacked evidence that medication-error discipline masked race bias or retaliation.
The panel said likely success on a First Amendment retaliation claim did not eliminate the need to separately show irreparable harm.
A D.C. federal judge dismissed a former WMATA employee's wrongful termination claim, finding the transit agency was not immune from the suit but that the worker did not fit D.C.'s narrow public-policy exception for at-will employees.
A former Clean the World Foundation employee should receive about half of the fees and costs he sought after only partially prevailing in his D.C. wage case, a magistrate judge recommended.
The Tenth Circuit said a former Walmart employee presented enough evidence for a jury to hear his hostile-work-environment claim, while affirming the dismissal of his other discrimination-related theories.
A District of Columbia federal judge dismissed a family's bid to force action on employment-based immigrant visa applications, finding the alleged delay did not state an unreasonable-delay claim under D.C. Circuit precedent.
A D.C. federal judge denied a former FAA engineer's attempts to revive previously dismissed claims while granting in part and denying in part the government's latest bid to end his pro se employment suit.
A D.C. federal judge granted the SBA administrator summary judgment in a former employee's FLSA suit over a small overtime dispute tied to the 2018 government shutdown.
The panel said 1199 SEIU and home healthcare employers could not use a 2015 arbitration agreement to bind workers who had already left their jobs without consent.
The Second Circuit said former 1199 SEIU-represented home healthcare workers who left before a 2015 arbitration agreement are not bound by wage-and-hour arbitration awards confirmed in federal court.
The U.S. Supreme Court agreed to review whether the Department of Labor can adjudicate monetary-remedy proceedings against employers accused of violating employment terms for H-2A and corresponding domestic workers.
A federal judge said Paul Bishop's latest Title VII complaint cleared the low pleading bar after he alleged the Agriculture Department deemed him qualified but chose a white female candidate instead.
A published Fourth Circuit panel revived key parts of a challenge to South Carolina's race-related curriculum budget proviso, sending standing questions and an author's book-removal claim back to the district court.
The panel affirmed the defeat of Becky Spengler's Title VII and equal protection claims but said her public-employee compelled-belief theory was sufficiently pleaded.
A published panel held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act did not reach claims and a workplace dispute that arose before the statute took effect.
Justice Samuel Alito issued an administrative stay of two Third Circuit orders while the Supreme Court awaits a response to the Pittsburgh Post-Gazette's application.
A former union employee may add a Section 1981 race-discrimination claim over a COVID-19 vaccine policy rollout, but a D.C. federal judge rejected her bid to add several other theories.
A D.C. federal judge let a former International Union of Bricklayers and Allied Craftworkers employee expand his race discrimination case over his firing under a COVID-19 vaccine policy, but refused to revive or add several other employment, tort and labor-law claims.
The justices paused a New York trial-court order requiring a new congressional district while state appeals proceed, drawing sharp disagreement over race, jurisdiction and election timing.
The panel said a former DEA employee failed to show that her firing for insubordination and alleged lack of candor was a pretext for retaliation.
A Third Circuit panel said Dr. Norman Wang can press key defamation and retaliation claims over the fallout from his article criticizing race-conscious policies in medical training.
The D.C. Circuit partly reversed a $13 million pension-liability judgment, finding one delinquent-contribution theory was not properly pleaded and sending disputed personal-liability issues back for further proceedings.
The Federal Trade Commission said Ascension must divest seven ambulatory surgery centers to resolve allegations that its proposed $3.9 billion AmSurg acquisition would harm outpatient surgical services competition.
The Federal Trade Commission says Rollins must stop enforcing noncompete agreements against more than 18,000 workers and is warning other pest-control employers to review similar restrictions.
Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito, said the court should have reviewed whether state law can automatically create an undue-hardship defense to religious-accommodation claims under Title VII.
The appeals court said Robert Lynn failed to show that Bank of New York Mellon’s stated reasons for eliminating his role masked race discrimination or retaliation.
The First Circuit ordered Maine officials to face a preliminary injunction against one religious-expression rule while largely rejecting St. Dominic Academy's bid to block other anti-discrimination requirements tied to public tuition funding.