Discrimination, Wage and Hour, Corporate Counsel

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Constangy, Brooks, Smith & Prophete, LLP on 7/18/2025

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Littler Lightbulb: March Appellate Roundup

Littler on 4/5/2024

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

California Supreme Court Cases Employers Should be Watching in 2023

Jackson Lewis P.C. on 12/21/2022

2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims. ...more

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on 10/5/2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

California Supreme Court Cases Employers Should Watch In 2021

Jackson Lewis P.C. on 12/16/2020

While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021. Here are the cases employers should be watching in the new year and...more

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

Sheppard Mullin Richter & Hampton LLP on 4/9/2020

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Supreme Court: Federal Employees Can Sue Over Any Age Discrimination In Employment Decision

Jackson Lewis P.C. on 4/7/2020

The U.S. Supreme Court has ruled that federal government employees can sue for age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA) when age bias taints the decision-making process, not merely when...more

Littler's Executive Employer Survey – Europe 2018

Littler on 11/12/2018

This report summarises the results of Littler’s first annual European survey on which legal and HR issues are having the greatest impact on the workplace. It is based on survey responses from over 800 C-suite executives, HR...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on 10/2/2017

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

EEOC Sues Estée Lauder for Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 8/31/2017

Cosmetics Giant Gave Men Lesser Paid Parental Leave and Related Benefits, Federal Agency Says - PHILADELPHIA - Estée Lauder Companies, Inc., one of the world's leading manufacturers and marketers of skin care, makeup,...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

Sheppard Mullin Richter & Hampton LLP on 7/31/2017

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

Carlton Fields on 4/4/2017

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active...more

These Foolish Things – The Oddest Employment Issues of the Past Year

Littler on 3/30/2017

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

What 2016 Governmental Enforcement Litigation Trends Suggest For Employers In 2017

Seyfarth Shaw LLP on 3/13/2017

Seyfarth Synopsis: Governmental enforcement litigation was a mixed bag in 2016. The U.S. Department of Labor (“DOL”) and the Equal Employment Opportunity Commission (“EEOC”) continued their aggressive enforcement programs,...more

Puerto Rico Adopts Local Equal Pay Act

Littler on 3/10/2017

On March 8, 2017, Puerto Rico enacted Act 16, creating the Puerto Rico Equal Pay Act ("PR Equal Pay Act" or "the Act"). The law's stated intent is to eradicate the pay difference between female and male employees. To that...more

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

Fisher Phillips on 2/17/2017

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

Littler on 10/19/2016

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

New Jersey Bill Seeks to Prevent Employers from Obtaining and Using Applicant Salary History

Saul Ewing LLP on 9/30/2016

Two New Jersey state senators have introduced a bill that would prohibit employers from asking applicants about their previous salaries and from using that information to make decisions about compensation. See Assembly Bill...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

Littler on 4/12/2016

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades

Orrick - Employment Law and Litigation on 2/4/2016

The EEOC seeks public comment on its new Enforcement Guidance on Retaliation and Related Issues, which will supersede the agency’s last-issued guidance on the topic from 1998. The updated guidance addresses several...more

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