News & Analysis as of

Employment Litigation First Amendment

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....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

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...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

Eversheds Sutherland (US) LLP

Scope of tax exemption for religious entities: The Catholic Charities case

On June 6, 2025, in a decision authored by Justice Sonia Sotomayor, the Supreme Court unanimously overturned a ruling of the Wisconsin Supreme Court, which denied Catholic Charities Bureau an exemption from the state’s...more

Littler

Littler Lightbulb – May Employment Appellate Roundup

Littler on

Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims - Barnhill v. Pamela Bondi, __ F.4th __ (4th Cir. May 15, 2025) involved claims by a white Department of Justice Drug Enforcement Administration...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

Miller Nash LLP

Oregon Cannabis Employers No Longer Need to Comply with Measure 119 and Obtain Labor Peace Agreements

Miller Nash LLP on

On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure...more

EDRM - Electronic Discovery Reference Model

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media.  Wenzler unsuccessfully asserted...more

Proskauer - California Employment Law

May 2025 California Employment Law Notes

We invite you to review our newly-posted, May 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Apple...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...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

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

Arnall Golden Gregory LLP

The DEI Battle Continues: District Court Denies Motion to Dissolve Preliminary Injunction

On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...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

Proskauer - Law and the Workplace

Federal Judge Blocks Key DEI Executive Order Provisions

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions...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

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

Vorys, Sater, Seymour and Pease LLP

Federal Judge Temporarily Halts DOL’s Enforcement of Portions of President Trump’s Diversity, Equity and Inclusion Executive...

The Department of Labor (DOL) is enjoined from enforcing parts of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders following a partial nationwide injunction entered against them by Judge Matthew F....more

Foley & Lardner LLP

Federal Judge Restrains Liability for Alleged False DEI Certifications

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President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the “January 21 Executive Order”) and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for...more

Proskauer - California Employment Law

What Would John Wilkes Booth Do? Mandatory COVID Vaxes for Actors

Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more

Mintz - Employment Viewpoints

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

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