News & Analysis as of

Corporate Counsel › Appellate Courts › Employment Litigation

FordHarrison

Connecticut Court Says Employers Don't Have to Permit Remote Work if It Would Eliminate an Essential Job Function

FordHarrison on

Real World Impact: The Connecticut Appellate Court has ruled that, as a matter of law, full-time remote work is not a reasonable accommodation if it eliminates an essential function of an employee’s job that must be performed...more

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

Husch Blackwell LLP on

The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Constangy, Brooks, Smith & Prophete, LLP on

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

Gordon Rees Scully Mansukhani

Redefining Early FLSA Litigation: The Impact of Eli Lilly

Gordon Rees Scully Mansukhani on

On August 5, 2025, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Richards v. Eli Lilly & Co., No. 24-2574, fundamentally reshaping how district courts in Illinois, Indiana, and Wisconsin evaluate...more

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

Conn Maciel Carey LLP on

Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

Warner Norcross + Judd on

On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

Ervin Cohen & Jessup LLP on

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

Constangy, Brooks, Smith & Prophete, LLP on

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says PTSD Related to Miscarriage Can Serve as Protected ADA Disability

Parker Poe Adams & Bernstein LLP on

When reviewing an employee’s request for accommodations under the Americans with Disabilities Act, employers sometimes develop tunnel vision when deciding whether the claimed medical condition constitutes a protected ADA...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Littler

Littler Lightbulb – February Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Jackson Lewis P.C.

A Few Out-of-State Telephone Calls Per Week May Be Sufficient To Establish FLSA Coverage, 11th Circuit Holds

Jackson Lewis P.C. on

An administrative assistant, who regularly made three to five telephone calls out of state per week to her employer’s clients and vendors, may have sufficiently engaged in interstate commerce to establish “individual...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide