News & Analysis as of August 22, 2025

Employment Litigation

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

New Jersey Supreme Court Declares Commissions Are Wages Under Wage Payment Law

Fox Rothschild LLP on 3/19/2025

In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more

PAGA Reform Benefits Proactive Employers

Snell & Wilmer on 3/6/2025

In 2024, California reformed its Private Attorneys General Act (“PAGA”) for the first time in the statute’s two-decade history. The reforms were less drastic than some had hoped, but they afford employers new avenues for...more

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

Fox Rothschild LLP on 2/12/2025

In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

The Facts Matter: Publix Defeats Certification of Off-The-Clock Assistant Manager Claims

Seyfarth Shaw LLP on 12/10/2024

Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

Littler on 9/18/2024

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

Skadden, Arps, Slate, Meagher & Flom LLP on 8/26/2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more

New Year, New Changes for California Employers in 2024

Epstein Becker & Green on 12/26/2023

As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour,...more

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper Locke on 10/24/2023

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

The Doctrine of “Wrongful Discharge in Violation of Public Policy” Takes Flight Again in Decision of the Connecticut Supreme Court

Pullman & Comley - Labor, Employment and... on 3/24/2023

On Tuesday, March 21, 2023, the Connecticut Supreme Court announced a significant new decision concerning lawsuits by employees alleging “wrongful discharge in violation of public policy.” Most employers in Connecticut are...more

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