The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more
7/2/2025
/ Appeals ,
Class Action ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Evidence ,
Litigation Strategies ,
Rebuttable Presumptions ,
Rest and Meal Break ,
Testimony ,
Wage and Hour
The Supreme Court of California is set to decide whether the Federal Arbitration Act (FAA) preempts a California statute that requires employers to forfeit the right to arbitrate disputes with employees if arbitration fees...more
On June 5, 2025, the Supreme Court of the United States ruled that employees who are part of a majority group do not have a higher evidentiary standard to prove workplace discrimination. ...more
The U.S. Court of Appeals for the Sixth Circuit recently upheld a jury verdict against a school psychologist who alleged she was paid less than a male colleague in violation of the Equal Pay Act. Notably, the court found that...more
On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more
On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more
4/3/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Damages ,
Drug Testing ,
Employee Rights ,
Employment Litigation ,
False Advertising ,
Lost Wages ,
Marijuana ,
RICO ,
SCOTUS
On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more
2/25/2025
/ 42 U.S.C. §1983 ,
Administrative Appeals ,
Administrative Procedure ,
Appeals ,
Constitutional Challenges ,
Due Process ,
Employment Litigation ,
Immunity ,
Jurisdiction ,
Preemption ,
SCOTUS ,
Unemployment Benefits
The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more
2/11/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
First Amendment ,
Pending Litigation
On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more
1/16/2025
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Evidence ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Popular ,
Preponderance of the Evidence ,
SCOTUS ,
Split of Authority ,
Wage and Hour
The U.S. District Court for the Middle District of Tennessee’s recent finding that a National Collegiate Athletic Association’s (NCAA) rule limiting the years of eligibility for college athletes who previously attended a...more
A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for...more
On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job...more
11/27/2024
/ Appeals ,
Appellate Courts ,
At-Will Employment ,
Contract Terms ,
Corporate Officers ,
Employment Contract ,
Employment Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Reasonableness Factors ,
Restrictive Covenants
An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more
The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis....more
A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more
On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more
On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more
A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more
On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more
On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more
On April 18, 2024, a jury in Seattle, Washington, determined that a not-for-profit hospital system employer would be required to pay nearly $100 million for time clock rounding and meal period violations, raising concerns for...more
4/23/2024
/ Collective Bargaining Agreements (CBA) ,
Compensatory Damages ,
Employer Liability Issues ,
Employment Litigation ,
Jury Awards ,
Jury Verdicts ,
Rest and Meal Break ,
Rounding ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour ,
Willful Violations
On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more
On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more
On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more