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Constitutional Challenges Employee Rights Employment Litigation

A&O Shearman

End to six-month cap on unlawful termination compensation in small businesses for Jobs-Act-governed relationships

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On July 21, 2025, the Constitutional Court, with Judgment No. 118/2025, declared the constitutional illegitimacy of Article 9, paragraph 1 of Legislative Decree 23/2015. With this decision, the court deleted the strict...more

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

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In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Cozen O'Connor

Facial Hair, Firefighters, and Free Exercise

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A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Vorys, Sater, Seymour and Pease LLP

EEOC Ordered to Remove Elective Abortion Accommodation Provision in PWFA Final Rule

A Louisiana federal judge has ordered the Equal Employment Opportunity Commission (EEOC) to remove a portion of its final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent that the final rule includes...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

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On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more

Oppenheimer Investigations Group

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Jackson Lewis P.C.

EEOC Is Permanently Enjoined From Enforcing Portions of PWFA Final Regulations and EEOC’s Title VII Guidance On Harassment in the...

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On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Constangy, Brooks, Smith & Prophete, LLP

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

Epstein Becker & Green

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board...more

Bass, Berry & Sims PLC

Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory...

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit...more

Sheppard Mullin Richter & Hampton LLP

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Temporarily Halts Reinstatement of NLRB Member Wilcox, Leaving the Board Without a Quorum

On March 28, 2025, the United States Court of Appeals for the District of Columbia Circuit temporarily stayed a prior order by Judge Beryl Howell of the United States District Court for the District of Columbia reinstating...more

Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

Chartwell Law on

In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

Jenner & Block

US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

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In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more

McDermott Will & Schulte

Kein digitales Zugangsrecht – Gewerkschaft scheitert mit Klage gegen Adidas

Spätestens seit der Corona-Pandemie erfreut sich das Home-Office großer Beliebtheit: Rund ein Viertel aller Erwerbstätigen in Deutschland arbeitet zumindest teilweise aus dem Home-Office. Doch während das mobile Arbeiten...more

Perkins Coie

California Senate Bill 399: Captive Audience Law Challenged in Federal Lawsuit

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As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more

Miller Nash LLP

Before We Talk, “You Are Being Recorded”: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

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Last week, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these recordings require...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

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