#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more
In a recent decision, the Seventh Circuit favorably revised the standard for defendant employers faced with a putative collective action under the Fair Labor Standards Act (FLSA) or the Age Discrimination in Employment Act...more
This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more
As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more
In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more
A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more
Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....more
We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
As the economy continues to struggle amidst the ravages of 40-year-high inflation, employers are finding it increasingly difficult to maintain their current staffing levels. While the tech industry has been the epicenter...more
California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more
Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify...more
The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more
As readers of this blog know, most trade secret misappropriation claims are brought in civil complaints—but a recent case out of Pennsylvania reveals how quickly the tables can turn on a civil plaintiff asserting claims...more
One need only glance at the court cases we report on below to understand why some businesses choose to settle independent contractor misclassification cases. Three of these cases highlight the unpredictable approaches...more
Seyfarth Synopsis: On the governmental enforcement front, the change-over from the Obama Administration to the Trump Administration had little to no impact on reducing the pace of litigation filings and settlements in 2018 at...more
Q: Does using social media advertisements targeted to younger potential applicants raise age discrimination concerns? A: The Age Discrimination in Employment Act (“ADEA”) makes it illegal to discriminate against workers...more
Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more