News & Analysis as of

Employment Litigation

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

JAMS

[PODCAST] Evolving Challenges in Employment Mediation: Managing Emotions, Shifting Strategies and Legal Trends

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The Mediation Table: Conversations in Conflict Resolution - Employment mediation continues to evolve—driven by rising emotional complexity, changing workplace dynamics and new legal challenges. In this podcast episode, JAMS...more

Franczek P.C.

Appellate Court Finds Employer Intent Matters in Dues-Related Unfair Labor Practice Charges

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Under the Illinois Educational Labor Relations Act, an employer’s failure to deduct and remit union dues based on a valid authorization by the employee or a collective bargaining agreement may be an unfair labor practice....more

Kaufman & Canoles

[Event] Employment Law Symposium - August 28th, Richmond, VA

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Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law...more

Bradley Arant Boult Cummings LLP

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more

Sheppard Mullin Richter & Hampton LLP

California Court Upholds Prospective Meal Period Waivers

In a favorable decision for California employers, the Court of Appeal in Bradsbery et al. v. Vicar Operating, Inc., 110 Cal.App.5th 899, affirmed that employers and employees can enter into prospective, written, and revocable...more

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

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This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Marshall Dennehey

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

Marshall Dennehey on

Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded...more

Marshall Dennehey

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

Marshall Dennehey on

Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an...more

Minerva26

Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast

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In this first episode of our Mobile Minutes segment, U.S. District Judge Xavier Rodriguez joins host Kelly Twigger on the Meet and Confer podcast to explore one of the most urgent questions in modern discovery: when does an...more

Proskauer - California Employment Law

SAG-AFTRA Vaccine Mandate Lawsuit Rejected by Ninth Circuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

Benesch on

Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

Husch Blackwell LLP on

In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Fox Rothschild LLP

Gambling on Guarantees

Fox Rothschild LLP on

The current dispute between the Las Vegas Raiders (“Raiders”) and Christian Wilkins (“Wilkins”) is more than a football headline; it underscores how fragile the concept of “guaranteed” money can be—not only in sports but also...more

K&L Gates LLP

Unlawful Dismissals: What Changes for Small Companies in Italy After Decision No. 118 of 21 July 2025

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The aim of this alert is to provide an update on the recent ruling issued by the Italian Constitutional Court (the Court) on 21 July 2025 (Decision No. 118), dealing with the consequences of unlawful dismissals in small...more

Proskauer - Labor Relations Update

Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Offit Kurman

The Journey of Litigation

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss various aspects of litigation. They highlight that most litigation cases don't go to trial, benefiting both courts and...more

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Health Care Compliance Association (HCCA)

Amid Seeming Error, HHS Finalizes Klote’s Termination As Director of Crippled OHRP; She Issues a Warning

In the end, the final termination letter arrived in the mail on July 18. For nearly three months—about half of the length of time she was director of the HHS Office for Human Research Protections (OHRP)—Molly Klote, M.D.,...more

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

Latham & Watkins LLP

German Federal Labour Court Rules on Virtual Share Options and Exit Bonuses

Latham & Watkins LLP on

The German Federal Labour Court has tightened its case law. According to a decision from 19 March 2025 (10 AZR 67/24), the reasons for which were only recently published, employees may be entitled to an exit bonus even if the...more

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

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The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more

Holland & Knight LLP

Department of Labor Weighs in on 401(k) Forfeiture Class Actions

Holland & Knight LLP on

Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974...more

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