Newsletter RSS

Mealey's Employment

  • October 13, 2025

    Federal Government Tells U.S. High Court Trump Controls All Executive Officers

    WASHINGTON, D.C. — The U.S. president controls all executive officers and has “the authority to remove at will the presidentially appointed heads of multimember administrative agencies, such as the FTC [Federal Trade Commission],” the federal government tells the U.S. Supreme Court in an Oct. 10 petitioner brief filed in a case over the president’s March 2025 purported removal of two FTC commissioners.

  • October 10, 2025

    Rehearing On 7th Circuit Majority Ruling In Transgender Student Name Case Denied

    CHICAGO — The Seventh Circuit U.S. Court of Appeals will not revisit a panel majority’s decision to reverse and remand an Indiana federal judge’s order that granted summary judgment to a school district on a religious accommodation claim brought by a teacher who objected to a policy requiring the use of transgender students’ first names.

  • October 09, 2025

    Reconsideration Denied After 2nd Circuit’s Arbitration Ruling In NFL Coach’s Suit

    NEW YORK — The Second Circuit U.S. Court of Appeals denied a petition for rehearing or rehearing en banc filed by the National Football League (NFL) and three teams after a panel ruled in August that rulings denying arbitration of a coach’s race bias claims against the Denver Broncos and NFL based on his employment agreement with the New England Patriots and denying reconsideration were proper.

  • October 09, 2025

    Health Care Workers Axed For COVID-19 Vaccine Refusal Fail In 6th Circuit Appeal

    SAN FRANCISCO — In ruling on one of “a spate of appeals related to vaccination orders spawned by COVID-19,” a Sixth Circuit U.S. Court of Appeals panel opined that dozens of at-will, nonprofit health care workers who sued the Washington governor and their employer after they were fired for refusing the state-mandated shot did not succeed in stating “wide-ranging sources of purported rights” to support federal claims and did not provide enough evidence to reverse the lower court’s ruling dismissing and remanding state law claims.

  • October 09, 2025

    Fired Worker’s Discrimination, Retaliation Suit Dismissal Reversed By 6th Circuit

    CINCINNATI —  A Sixth Circuit U.S. Court of Appeals panel ruled that a fired Ford manufacturing engineer brought specific enough examples of racial, national origin and religious discrimination and met the necessary burden to plausibly allege that he was retaliated against pursuant to Title VII of the Civil Rights Act of 1964 in reversing and remanding the dismissal of claims he filed over his termination for “poor performance.”

  • October 08, 2025

    Judge Dismisses Suit By ‘Public Face’ Of Vape Brand Who Claimed Wrongful Removal

    LAS VEGAS — A Nevada federal judge dismissed for lack of jurisdiction a complaint by the former CEO of a brand used to sell disposable vapes and other products in which he accused two former colleagues and his former companies of violating his right of publicity and deceptive trade practices after finding that the plaintiff failed to plead that personal jurisdiction exists over the defendants in Nevada based on their operation of websites and social media accessible from that state.

  • October 07, 2025

    Petitions Denied By High Court In Harassment, Retaliation And Baseball Pay Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 denied multiple employment-related petitions, including ones posing questions on harassment, arbitration, disability bias, retaliation and pay for minor-league baseball players.

  • October 07, 2025

    Judicial Watch Founder To Seek Rehearing After Attorney Fees Petition Denied

    WASHINGTON, D.C. — Ousted Judicial Watch Founder Larry Klayman, who has been engaged in litigation with the public interest group for more than 19 years, filed a notice in the U.S. Supreme Court on Oct. 6 that he intends to seek rehearing after his petition challenging an attorney fees award was denied that day.

  • October 07, 2025

    6th Circuit Says Truckers Proved Racial Bias, Reverses Dismissal Of Hostility Claim

    CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel found that two African-American employees of a Tennessee trucking company who alleged that they were treated unfairly, called names and berated by supervisors because of their race provided evidence of “severe or pervasive” racial harassment and that the company failed to provide “an affirmative defense” to liability in reversing and remanding a federal judge’s opinion that granted summary judgment to the company on a claim that it created a hostile work environment pursuant to federal and state laws.

  • October 06, 2025

    U.S. Supreme Court Won’t Decide DOL Interaction, Travel Pay Questions

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 denied a home health agency’s petition seeking review of two questions concerning the Fair Labor Standards Act (FLSA), the Portal-to-Portal Act (PPA) and a finding of a willful violation that was opposed by the secretary of Labor.

  • October 06, 2025

    U.S. High Court Won’t Consider Question On NLRB Impasse Decision

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 denied a distillery’s petition for a writ of certiorari that asked the justices to decide the scope of a court’s review of a decision by the National Labor Relations Board and to decide when an employer is excused from bargaining to impasse after a split District of Columbia Circuit U.S. Court of Appeals panel affirmed the NLRB’s determination that the employer committed six unfair labor practices when attempting to negotiate a new collective bargaining agreement.

  • October 06, 2025

    Groups Allege H-1B Visa Proclamation Is Unlawful, Will Harm Multiple Industries

    SAN FRANCISCO — A Sept. 18 proclamation issued by President Donald J. Trump that conditions H-1B visas on employers making a $100,000 payment to the federal government is “unlawful” and transforms the visa “program into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption, which will be doled out at the discretion of the Secretary of Homeland Security,” Global Nurse Force and other groups allege in a complaint filed Oct. 3 in a federal court in California.

  • October 06, 2025

    Union Sues U.S. Education Department Over Shutdown Of Out-Of-Office Messages

    WASHINGTON, D.C. — The U.S. Department of Education replaced workers’ federal government shutdown out-of-office messages “with partisan language that blames ‘Democrat Senators’ for the shutdown,” forcing those workers “to involuntarily parrot the Trump Administration’s talking points with emails sent out in their names,” alleges an Oct. 3 complaint filed by American Federation of Government Employees (AFGE) in a federal court in the District of Columbia.

  • October 06, 2025

    Employer Once Again Petitions High Court In Suit Over NLRB Complaint Withdrawal

    WASHINGTON, D.C. —  Unsatisfied with a divided Fifth Circuit U.S. Court of Appeals panel’s ruling on remand, a wholesale grocery company once again petitioned the U.S. Supreme Court for review of a decision by the National Labor Relations Board that an acting general counsel may withdraw an unfair labor practice complaint that his predecessor issued against a union.

  • October 03, 2025

    Requests To Hold Collective Bargaining EO Cases In Abeyance Denied, Withdrawn

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals addressed two motions to hold in abeyance two cases concerning a March executive order (EO) that unions say eliminates collective bargaining for approximately two-thirds of the federal workforce; the motion in the case brought by National Treasury Employees Union (NTEU) was denied, and the motion in the case by the American Foreign Service Association (AFSA) was deemed withdrawn.

  • October 03, 2025

    5th Circuit Denies Rehearing After Reissued Opinion In Amazon, NLRB Dispute

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel in an Oct. 2 per curiam opinion denied rehearing or rehearing en banc sought by Amazon.com Services LLC after a split panel dismissed for lack of subject matter jurisdiction the appeal challenging the “constructive denial” of Amazon’s injunctive relief motion concerning two National Labor Relations Board proceedings to which it alleged that it was being subjected to in violation of the U.S. Constitution.

  • October 03, 2025

    Medical Transport Worker, Hospital Agree To Dismiss COVID Screening Wage Case

    CHICAGO — Pursuant to a joint stipulation of dismissal, an Illinois federal judge on Oct. 2 dismissed with prejudice a lawsuit brought by a former patient transport employee under the Fair Labor Standards Act (FLSA) and state wage laws seeking compensation for time spent being screened and tested for COVID-19 before her shift and for a week she went unpaid because of an interruption in a payroll system.

  • October 03, 2025

    9th Circuit Says Discretion Abused In Attorney Fee Award To Sam’s Club Worker

    SAN FRANCISCO — Citing a U.S. Supreme Court opinion, a Ninth Circuit U.S. Court of Appeals panel found that a federal court in California “abused its discretion when it failed to provide a ‘concise but clear’ explanation for” an award of attorney fees to a Sam’s Club employee after she settled her claims that she was overworked and undercompensated while working for a six-week period in 2019.

  • October 03, 2025

    Meta’s Motion To Compel Arbitration Granted In Civil Rights Act ‘Retaliation’ Suit

    NEW YORK — A New York federal judge granted Meta Platforms Inc.’s (formerly Facebook Inc.) motion to compel arbitration and to stay the proceedings by in a former employee’s suit asserting claims for violations of New York human rights laws and the U.S. Civil Rights Act for complaining about Meta’s treatment of female employees, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) “does not preclude enforcement of the arbitration agreement” the former employee signed because the “case does not involve conduct that is alleged to constitute sexual harassment.”

  • October 02, 2025

    D.C. Circuit Won’t Reconsider Copyright Register Job Interference Ruling

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals issued two per curiam orders Oct. 1 denying reconsideration and en banc reconsideration of a Sept. 10 order enjoining various federal government parties from interfering with Shira Perlmutter’s service as the register of copyrights and director of the U.S. Copyright Office pending appeal.

  • October 02, 2025

    NCUA Board Members Seek High Court Review Of Removal Case

    WASHINGTON, D.C. — Two members of the National Credit Union Administration (NCUA) board who were purportedly removed from their seats by President Donald J. Trump in April and reinstated after a federal judge in the District of Columbia granted their motion for summary judgment ask the U.S. Supreme Court to grant their petition for a writ of certiorari before judgment and consider questions regarding the executive and judiciary authority.

  • October 02, 2025

    9th Circuit: No ‘Bona Fide Religious Belief’ Shown To Justify COVID-19 Test Refusal

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals majority opined that an Oregon medical center administrative employee fired for refusing to submit to weekly antigen testing for COVID-19 as an accommodation of a religious exemption from a company vaccine mandate failed to demonstrate “that she had a bona fide religious belief” that satisfied the prima facie burden required for a claim of religious discrimination pursuant to Title VII and Oregon state law in affirming a federal trial court’s dismissal of a lawsuit challenging her termination.

  • October 02, 2025

    $2M Settlement Of California Federal Wage-And-Hour Class Action Gets Final OK

    SACRAMENTO, Calif. — A federal magistrate judge in California granted final approval to a $2 million class action settlement to resolve long-running claims that the owners of facilities that supply forage products violated the California Labor Code and the California unfair competition law (UCL) by, among other things, failing to pay nonexempt employees minimum and overtime wages and failing to comply with rest and meal period requirements.

  • October 01, 2025

    U.S. High Court Defers Trump’s Stay Request In Federal Reserve Seat Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 1 deferred pending oral argument in January an application for stay filed by President Donald J. Trump after Federal Reserve Governor Lisa D. Cook was granted a temporary restraining order (TRO) in her case challenging her purported removal in August.

  • October 01, 2025

    Mass. Appeals Panel Reverses Judgment In Fired Surgical Tech’s COVID-19 Shot Suit

    BOSTON — A Massachusetts Appeals Court panel opined that a lower court was not correct in granting a summary judgment order to a state health care system that was sued for religious discrimination by a surgical tech who worked at one of its hospitals after she was fired for failing to get a COVID-19 vaccine, finding that the employee’s belief that “her body is a temple of God” and that she determined through prayer that she could not get the vaccine could be considered religious for the purpose of an exemption, that the accommodation would not create an undue hardship and that the health care system and hospital could be classified as joint employers.