Trump 2.0 to Set Off Fresh Round of Labor Board Flip-Flopping

The start of the second Trump administration will trigger a partisan shift at the National Labor Relations Board, where the accomplishments of the past four years will become the targets of the next board majority and top agency lawyer.

Appeal Over University Caste Bias Ban Encounters 9th Cir. Doubts

A federal appeals court panel expressed skepticism Thursday over two Hindu professors’ claims that their California university’s addition of caste to its anti-discrimination policy violated their constitutional rights, as the judges questioned whether they’d shown the change caused them harm.

Labor Law, Anti-Bias Statutes Work in Harmony, NLRB Lawyer Says

Employers worried about perceived tensions between federal labor law anti-bias statutes shouldn’t raise their obligations under one as a reason to dodge their responsibilities under the other, according to the National Labor Relations Board’s top lawyer.

Shift to Remote-Controlled Dams, Trains Raises Unions’ Alarm

While economists and policymakers have sounded alarms that workers will someday be replaced by artificial intelligence and automation technology, critical pieces of infrastructure essential to the US supply chain, such as dams and trains, are already doing so, prompting safety warnings from unions.

Top Court Makes It Easier for Employers to Dodge Overtime Claims

A new US Supreme Court ruling will boost companies’ ability to defeat claims they wrongly exempted workers from federal overtime pay, putting them on equal footing with other civil defendants who use a more lenient evidentiary standard.

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The Artificial Intelligence Dilemma: Can Laws Keep Up?

The risks that artificial intelligence represents have come into sharper focus: disinformation, potential job loss, perhaps even an existential threat to humanity. Is government capable of putting guardrails around such a fast-moving technology?

IN BRIEF

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Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Gerard A. Fowler ruled that Heartland Coca Cola didn’t have just cause to discipline and discharge the grievant for violating a company rule regarding the security of company assets by leaving his vending machine service keys in his company-issued van at night instead of taking them inside his home to secure them. Heartland Coca Cola, 2024 BL 480915, Arb., 240308-04238, G. Fowler, 9/9/24

Case: Labor Arbitration/Workplace Violence (Arb.)

Arbitrator Lee Hornberger ruled that Aspirus Keweenaw Hospital & Clinics, Inc. had just cause to discharge the grievant, a registered nurse who willfully brought an unloaded rifle to the workplace, for violating a code of conduct and workplace violence/no weapons policy prohibiting weapons on the premises, despite the union’s contention that she lacked intent and there was no safety risk Aspirus Keweenaw Hospital & Clinics, Inc. , 2024 BL 480914, Arb., 230630-07342, L. Hornberger, 10/21/24

Case: Disabilities Discrimination/Retaliation (N.D. Ill.)

An Illinois federal district court denied summary judgment to the city of Chicago on a veteran with vertigo’s ADA retaliation and USERRA claims, finding he sufficiently showed potential retaliatory animus and pretext for his termination, and that fact issues remain as to causation. Venticinque v. City of Chicago, 2025 BL 10250, N.D. Ill., 21 C 3084, 1/13/25