News & Analysis as of August 15, 2025

Corporate Counsel

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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 -

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

Dickinson Wright on 8/5/2025

A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

Bradley Arant Boult Cummings LLP on 7/24/2025

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

Davis Wright Tremaine LLP on 7/2/2025

California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

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

Warner Norcross + Judd on 6/19/2025

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

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

Bradley Arant Boult Cummings LLP on 6/18/2025

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Holland & Hart - Employers' Lawyers on 5/23/2025

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

Fisher Phillips on 5/21/2025

A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/2/2025

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

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

Can you take action against an employee for being a pain in the you-know-what?

Constangy, Brooks, Smith & Prophete, LLP on 4/17/2025

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on 3/13/2025

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

Littler on 3/10/2025

A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let...more

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

Morrison & Foerster LLP on 3/10/2025

The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

Fisher Phillips on 2/17/2025

A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

Mintz - Employment Viewpoints on 1/30/2025

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...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: December Employment Appellate Roundup

Littler on 1/16/2025

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...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

Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

Parker Poe Adams & Bernstein LLP on 12/20/2024

The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on 10/31/2024

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on 10/30/2024

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Labor Department to Crack Down on These 7 Workplace Contract Provisions

Fisher Phillips on 10/18/2024

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

Fisher Phillips on 9/26/2024

The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

Fisher Phillips on 8/16/2024

Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more

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