Worldwide: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
NLRB Majority Holds Bargaining Proposal Alone Does Not Constitute An Unlawful Threat
Employers and unions frequently exchange aggressive, controversial, and sometimes unpopular proposals during collective bargaining. In a recent decision, Inland Waters Pollution Control, Inc., a divided National Labor Relations Board (NLRB) held that an employer did not violate Section 8(a)(1) of the National Labor Relations Act (NLRA) merely by proposing contract language that would permit discipline for employees who filed "baseless, malicious or harassing grievances."
United States Employment
LM
Littler Mendelson
Article
A New NLRB Majority: Which Biden-Era Precedents Are In The Crosshairs?
The National Labor Relations Board now has a Republican majority for the first time in President Trump's second term, setting the stage for a systematic reversal of Biden-era labor precedents. Which landmark decisions are most vulnerable to being overturned, and how quickly can employers expect these changes to take effect? The answer lies in understanding both the Board's procedural constraints and the specific cases already teed up for reconsideration.
United States Employment
TS
Taft Stettinius & Hollister
Article
Eleventh Circuit Affirms Dismissal Of Pay Discrimination Claims By Athletic Director
A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a pay discrimination and retaliation suit filed against an Alabama public school by its athletic director. Connie L. Morris claimed that the Bessemer City School District underpaid her following her promotion from P.E. teacher to athletic director and retaliated against her.
United States Employment
HB
Hall Benefits Law
Article
Representative Claims Under The New Jersey Wage And Hour Law And Prevailing Wage Act Do Not Require Class Certification
In a significant decision that will affect the scope of representative actions under the WHL and PWA, the New Jersey Appellate Division held that representative actions under the WHL and PWA do not require class certification under Rule 4:32-1—significantly expanding the ability of workers to bring representative actions under New Jersey law.
United States Employment
SS
Seyfarth Shaw LLP
Article
PAGA Paraphrased – LWDA Revises Proposed Regulations
California's Labor and Workforce Development Agency has issued significant modifications to its proposed PAGA regulations, lowering thresholds for high-frequency filers and replacing the "vexatious filer" designation with a "non-compliant filer" standard. The revised rules also introduce new settlement flexibility and employer verification responsibilities that will apply to both pending and future PAGA cases.
United States Employment
SS
Seyfarth Shaw LLP
Article
No Vine To Certify: Grape Packer’s Bid For Class Certification Falls Short Of Rule 23’s Requirements
A California federal magistrate judge has recommended denying class certification in an agricultural labor dispute, finding that variations in work locations, supervisors, pay methods, and timekeeping systems across the defendant's operations prevented the named plaintiff from establishing the commonality and typicality required under Rule 23. The decision underscores how workforce heterogeneity and limited personal work experience can defeat class certification even when numerosity is easily satisfied.
United States Employment
DM
Duane Morris LLP
Article
Too Little, Too Late? Third Circuit Clarifies ADA Notice Requirements & Reinforces Employers’ Right To Enforce Workplace Rules
A federal appeals court has ruled that employees cannot avoid workplace discipline by disclosing a disability after misconduct has occurred. The Third Circuit's decision in Hileman v. West Penn Allegheny Health System clarifies when employers must engage in the ADA accommodation process and reinforces that disability laws protect against discrimination but do not excuse violations of neutral workplace policies. This case provides critical guidance on the timing and clarity required for accommodation request
United States Employment
LM
Littler Mendelson
Article
Lightning Round: What The Supreme Court’s Latest Rulings Mean For Employers (Podcast)
Crowell's Rebecca Springer and Katie Erno analyze the U.S. Supreme Court's recent rulings in Trump v. Slaughter and West Virginia v. BPJ, examining their implications for workplace policies and employer obligations. This Lightning Round episode delivers essential insights into how these landmark decisions will shape employment law practices moving forward.
United States Employment
CM
Crowell & Moring LLP
Article
Second Circuit Limits Union Authority To Bind Former Employees To Later-Negotiated Arbitration Agreement
A recent Second Circuit decision reveals a critical limitation in collective bargaining arbitration provisions: former employees who left the bargaining unit before an ADR provision was negotiated cannot be compelled to arbitrate their statutory wage claims. The ruling in 1199 SEIU United Healthcare Workers East v. PSC Community Services allows these former workers to pursue litigation despite a union-negotiated arbitration agreement that addressed similar allegations. This decision has significant implicat
United States Employment
LM
Littler Mendelson
Article
Federal Court Allows Sex And Disability Discrimination Claims To Proceed Against Oracle
A Pennsylvania federal judge allowed Dana Rivkind's sex and disability discrimination claims against Oracle America Inc. to proceed, while dismissing her hostile work environment, retaliation, and emotional distress claims. The case examines whether Oracle's actions following Rivkind's whistleblowing about a Metaverse project—including medical evaluations, isolation, and eventual termination—constituted unlawful discrimination based on sex and disability.
United States Employment
HB
Hall Benefits Law
Article
California Wage & Hour Bootcamp Returns This September: Practical Guidance For Employers, HR Professionals & Business Leaders
California employment laws continue to evolve, making it more important than ever for employers to stay informed and proactive. TLD Law's California Wage & Hour Bootcamp returns with updated content designed to address today's employment law landscape, helping businesses navigate wage and hour claims, PAGA actions, and compliance issues.
United States Employment
TLD Law
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