On June 5, 2025, the U.S. Supreme Court unanimously agreed that reverse discrimination plaintiffs are not required to produce additional evidence at the outset of their case to proceed with their claims. Ames v. Ohio...more
As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more
1/24/2025
/ Adverse Employment Action ,
Appeals ,
Compensation & Benefits ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Split of Authority ,
Starbucks ,
Unfair Labor Practices
On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act...more
On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law....more
On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Title VII
A bill on the ballot in California this November asks the state’s voters to give the controversial Private Attorney General’s Act (PAGA) a final approval or rejection. ...more
In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more
3/13/2024
/ Appeals ,
Burden of Proof ,
But For Causation ,
Causation ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Intermittent Leave ,
Performance Improvement Plans ,
Retaliation ,
Summary Judgment
On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more
1/23/2024
/ Appeals ,
Elon Musk ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Forum Shopping ,
Hiring & Firing ,
Injunctive Relief ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Reinstatement ,
SCOTUS ,
SpaceX ,
Starbucks ,
Termination ,
Unfair Labor Practices ,
Unions
On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more
Last week, the Ninth Circuit issued a significant ruling in Chamber of Commerce v. Bonta, concluding that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act (“FAA”). AB 51, which was passed by...more
2/27/2023
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Preemption ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
On March 12, 2020, the California Supreme Court in Kim v. Reins International California Inc. determined that an individual employee who released his individual claims nonetheless retained standing to pursue his claims under...more
A March 27, 2019, ruling in a New Jersey case, Wild v. Carriage Funeral Holdings, Inc. et al., provides some interesting insights and continues the recent trend among courts in other states Delaware (2018), Connecticut...more