Employment Law and Labour Law

When an employer documents that an employee's National Guard obligations are the reason for demotion or termination, it creates overwhelming evidence of discrimination under federal law. This case reveals how the Department of Justice approaches USERRA enforcement against private employers and what triggers federal litigation. The consent decree imposed extensive compliance obligations that extended far beyond monetary damages, demonstrating the lasting consequences of explicitly linking adverse employment

Welcome to our July update, where we highlight some of the latest developments in employment law. In this edition, we consider two recent cases. We also summarise recent and forthcoming changes in employment legislation...

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.

As companies like Cisco, Amazon, and Meta announce layoffs while simultaneously reporting record profits, a troubling pattern emerges: are these workforce reductions truly driven by AI automation, or is something else at play? This analysis examines the phenomenon of "AI-washing" and explores whether artificial intelligence is genuinely replacing workers or simply serving as a convenient justification for cost-cutting measures that free up capital for future technology investments.

Welcome to our July update, where we highlight some of the latest developments in employment law. In this edition, we consider two recent cases. We also summarise recent and forthcoming changes in employment legislation...

On July 13, 2026, 26 current and former Meta employees sued the company in federal court in Oakland, California, alleging that Meta used artificial intelligence (AI) systems to select them for layoff in a manner...

Wage and hour litigation is surging across the United States, with Washington State emerging as a high-exposure target for meal and rest break class actions, while approximately 20 states navigate increasingly complex and inconsistent break requirements. Employers face mounting challenges from off-the-clock lawsuits, expanding pay transparency laws in about 20 jurisdictions, and evolving interpretations of compensable time that are costing companies millions in settlements.

The Fifth Circuit recently confirmed that hybrid compensation arrangements combining fixed salaries with variable day-rate pay can satisfy the Fair Labor Standards Act's salary basis test. This decision clarifies that employers can provide substantial additional compensation on top of a guaranteed salary without jeopardizing overtime exemptions, as long as the base salary is genuinely predetermined and calculated on a weekly or less frequent basis.

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.

The final rules provide guidance on how employers must administer the new 32-hour bank of immediately available unpaid protected time off.

A federal appeals court has ruled that OSHA overstepped its authority by mandating employers record mental health conditions like PTSD on workplace injury logs. The decision arose from a case involving a refinery worker diagnosed with PTSD after responding to a catastrophic explosion, raising fundamental questions about the scope of workplace safety recordkeeping requirements.

When structural distress appears on a construction site—visible cracking, movement, deflection, or similar unsafe conditions—contractors face critical decisions that carry both safety and legal implications. What is the proper protocol for responding to structural failures, and how can contractors protect themselves while ensuring worker safety and preserving their legal rights? This analysis examines the essential steps contractors must take when confronting potential structural issues, from im