Popular, Employment Litigation, Corporate Counsel

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Fisher Phillips on 8/18/2025

An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

Fisher Phillips on 5/27/2025

A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...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

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...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

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

Bennett Jones LLP on 1/28/2025

In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2025

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

Troutman Pepper Locke on 1/8/2025

As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

California Supreme Court Cases Employers Should Watch in 2025

Jackson Lewis P.C. on 12/31/2024

The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high...more

What Employers Should Know About Tobacco Surcharge Litigation

UB Greensfelder LLP on 11/22/2024

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Restricting Remote Work Interfered With Employee's FMLA Rights

Parker Poe Adams & Bernstein LLP on 9/20/2024

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...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

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Fisher Phillips on 7/15/2024

Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 3/29/2024

The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

No Harm, No Foul? The Legacy of TransUnion Two Years Later

Seyfarth Shaw LLP on 6/15/2023

Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”). As reported here...more

2 Ways Calif. Justices' PAGA Ruling May Play Out

Carlton Fields on 6/13/2023

Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

Goodwin on 11/17/2022

On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

Weekly Update for Government Contractors and Commercial Businesses – May 2021 #2

PilieroMazza PLLC on 5/20/2021

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3) - This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then...more

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

Parker Poe Adams & Bernstein LLP on 3/11/2020

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on 9/18/2019

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Biometric Privacy Class Actions By The Numbers: Analyzing Illinois’ Hottest Class Action Trend

Seyfarth Shaw LLP on 7/2/2019

Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

McGuireWoods LLP on 6/26/2019

It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Schulte on 6/20/2019

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

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