The University of Washington is an “arm of the state.” Thus, it has 11th amendment immunity for claims under 42 U.S.C. § 1983 alleging that employees were fired for failure to comply with the Governor’s COVID vaccine mandate. The fired
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NLRB lacks authority to impose successor bar (2-1).
The NLRB found that a successor employer committed an unfair labor practice by withdrawing recognition to a union. The employer had evidence that the union had lost majority support. But NLRB precedent—the successor bar—prohibits any challenge to an incumbent union’s
$14,636.50 in sanctions for filing motion with misquotes.
In an appeal in an employment discrimination suit, the employee’s lawyer filed a motion that contained misquotes. This was not the lawyer’s first misconduct incident.The 3rd Circuit ordered him to reimburse the employer “for the attorney’s fees that it paid
Employment Law Insight # 78
On YouTube: https://youtu.be/DjfQ5f-u_6Q
SCOTUS: President can remove FTC Commissioners at will (6-3).
When the President fired two FTC Commissioners, he did not comply with the statute which says they may be removed only “for inefficiency, neglect of duty, or malfeasance in office.” One of them sued, and the trial court permanently enjoined
SCOTUS: Last mile drivers can qualify for Federal Arbitration Act §1’s exemption without crossing state lines or interacting with vehicles that do.
Flowers Foods v. Brock (US Supreme Ct 05/28/2026) [PDF]Flowers Foods depends in part on franchisees such as Angelo Brock who buy the distribution rights to Flowers’s products in specific geographic territories. Brock picks up Flowers’s products from a
Cert granted: Title IX private right of action
The US Supreme Court has granted certiorari to decide whether Title IX creates a private right of action for employees claiming sex discrimination in their employment.Crowther v. Board of Regents (05/18/2026) [Briefs] There is a 3-4 split of authority
Unanimous US Supreme Court arbitration decision
After a federal district court (exercising federal claim jurisdiction) compelled arbitration and stayed an employee’s discrimination claim, the arbitrator issued an award in favor of the employer.The employer moved to confirm, and the employee moved to vacate.The issue was whether
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to non-victim who provides information during an investigation
When a former employee sued claiming that the employer retaliated against him because he had participated in a workplace sexual harassment investigation, the Oregon Court of Appeals held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault
Supreme Court, DOL, & Article III — Cert granted
The 3rd Circuit held that the US Dept. of Labor’s imposition of hundreds of thousands of dollars in civil penalties through administrative proceedings was unlawful without an Article III judicial proceeding. DOL had imposed fines for violation of the H-2A