News & Analysis as of August 2, 2025

Employment Litigation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Policy Week in Review – May 2025 #3

Littler on 5/23/2025

Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

Ballard Spahr LLP on 5/21/2025

Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on 4/23/2025

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on 2/25/2025

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on 1/6/2025

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

Legislative Update: Bills That Made the Final Cut For 2024

Seyfarth Shaw LLP on 10/2/2024

Seyfarth Synopsis: With the Governor’s September 30 deadline to sign bills behind us, we review the employment bills that made the cut to become laws, as well as those that didn’t survive the season. The most notable new laws...more

Water Cooler Talk: Investigation Lessons in 'Minority Report'

Troutman Pepper Locke on 5/28/2024

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a...more

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on 4/2/2024

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

DOJ Suffers Rare Acquittal From the Bench in Fourth Criminal No-Poach Loss

Skadden, Arps, Slate, Meagher & Flom LLP on 5/8/2023

In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Jenner & Block on 7/13/2022

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

[Webinar] Trial Team Reflections on Win in First-Ever Criminal No-Poach Case: DOJ May Have Lost, But The Game Is Not Over - May...

McDermott Will & Emery on 4/22/2022

In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on 1/27/2022

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 8/4/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade

Faegre Drinker Biddle & Reath LLP on 5/11/2021

Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

A new player: DOJ opines in private "no-poach" litigation

Hogan Lovells on 2/22/2019

Over the last several weeks, the U.S. Department of Justice (DOJ) submitted notices of intent to file statements of interest in five "no-poach" class actions. ...more

Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices

McDermott Will & Emery on 2/19/2019

As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more

Longest Government Shutdown In History Is Impacting Workplace Law

Fisher Phillips on 1/14/2019

As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown...more

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

Parker Poe Adams & Bernstein LLP on 11/5/2018

Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Another Circuit Says Title VII Prohibits Sexual Orientation Discrimination

Akerman LLP - HR Defense on 3/2/2018

A second federal appellate court has ruled that Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on their sexual orientation. The ruling is in line with the EEOC’s...more

Second Circuit Court Finds Sexual Orientation Protected Under Title VII

Franczek P.C. on 3/1/2018

On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

Seyfarth Shaw LLP on 10/12/2017

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

McNees Wallace & Nurick LLC on 10/9/2017

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

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