Healthcare Worker Sues Hospital for Not Hiring Him Because of Medical Marijuana Use

An Arkansas healthcare worker has sued a hospital for withdrawing its employment offer after learning that the prospective employee uses medical marijuana, which is legal in Arkansas.  In Balance Reed v. Northwest Arkansas Hospitals LLC, plaintiff Reed is seeking class action status against Northwest Arkansas Hospitals, LLC (NWAH), which operates several hospitals in the state, including Northwest Medical Read More

Georgia Court of Appeals Rules Worker Injured on Break Entitled to Workers’ Compensation Benefits

The Georgia Court of Appeals has ruled that an employee injured in a slip-and-fall accident on the way to her employer’s parking lot during her lunch break qualifies for Georgia workers’ compensation benefits. The decision reverses the court’s prior rulings due to a June 2020 Georgia Supreme Court holding that injuries suffered during lunch or bathroom breaks are considered to have occurred in the course of Read More

More Litigation Coming Over Vaccine Mandates

One of the first lawsuits to be filed over vaccine mandates was dismissed in June by a Texas district court that found limits on employee behavior is “part of the bargain” of employment. The suit challenged Houston Methodist Hospital’s vaccine mandate after the hospital suspended 178 employees for failing to meet the vaccination deadline.  In their claim, Houston Methodist employees argued that taking the vaccine Read More

Biden Issues Executive Order on Federal Workforce Diversity

On June 25, 2021, President Biden issued an Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, stating that the federal government “must be a model for diversity, equity, inclusion, and accessibility, where all employees are treated with dignity and respect.” The Order charges the Office of Personnel Management and the Office of Management and Budget with leading efforts to Read More

U.S. Supreme Court Again Declines to Hear Same-Sex Wedding Vendor Appeal

Once again, the U.S. Supreme Court has declined to hear a case concerning whether wedding vendors can refuse to provide services to same-sex wedding ceremonies based on their First Amendment religious beliefs. The case - Arlene's Flowers Inc. v. Washington - came on appeal from the Washington Supreme Court, which had affirmed a lower court ruling that a florist’s refusal to provide flowers for a same-sex wedding Read More

More Biometric Litigation: Former Employee Files Privacy Suit Against Dollar Tree

A former Dollar Tree employee in Illinois has filed a proposed class action against the company and its subsidiary, Family Dollar Inc., for violating the Illinois Biometric Information Privacy Act (BIPA) by requiring employees to scan their fingerprints every day to clock in and out of work. BIPA prohibits private entities from collecting, storing, buying, or selling an individual’s biometric information without Read More

Third, Eighth, and Ninth Circuits to Address Jurisdiction for COVID-19-Related Injury and Wrongful Death Cases

Three federal appellate courts are set to address whether COVID-19-related injury and wrongful death litigation belong in state courts where the cases originated or in federal courts under the Federal Officer Removal Statute. Third Circuit In June, a Third Circuit panel heard arguments in a pair of cases where two New Jersey nursing homes accused of failing to protect patients from COVID-19 are seeking to have the Read More

Walmart Hit With Biometric Privacy Case by Warehouse Worker

A former warehouse worker has filed potential class action claims against Walmart, alleging that the retailer violated his and others’ biometric privacy rights by tracking workers in its Illinois distribution facility using voice recognition software without the workers’ consent. In Barton v. Walmart Inc., plaintiff Andrew Barton filed suit alleging that Walmart was in violation of the Illinois Biometric Information Read More

U.S. Supreme Court Strikes Down NCAA Rules Restricting Education-Related Compensation and Benefits for College Athletes

On June 21, 2021, the U.S. Supreme Court unanimously upheld a Ninth Circuit ruling that the National Collegiate Athletic Association’s (NCAA) rules limiting athletes’ education-related compensation and benefits violate U.S. antitrust laws. In Alston v. NCAA, the high court resolved a circuit split on whether the NCAA rules limiting education-related benefits to student athletes was in violation of the Sherman Read More

Lyft Drivers Seek to Untether Cases in California Worker Misclassification Actions

A California state judge has been asked to allow a Lyft driver’s worker misclassification lawsuit against the rideshare company to proceed separately from similar litigation being pursued by the California Labor Commissioner under the Private Attorneys General Act (PAGA).  Lyft driver Brandon Olson filed suit against the company in 2018, alleging that Lyft misclassified him and other drivers as independent Read More