United States: 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.

Virginia Enacts Paid Sick Leave Law

Virginia has enacted comprehensive paid sick leave legislation requiring nearly all private employers and government entities to provide paid leave benefits to their employees.

United States Employment

LM

Littler Mendelson

The Legal Case For PIPs

The First Circuit Court of Appeals has clarified when performance improvement plans constitute "adverse employment actions" under discrimination law following the Supreme Court's Muldrow decision.

United States Employment

MM

McLane Middleton, Professional Association

Relearning The ABCs Of Worker Classification In New Jersey

New Jersey Department of Labor and Workforce Development (NJDOL) formally adopted new regulations on May 5, 2026, clarifying the application of the State’s “ABC test” for determining whether a worker is an employee...

United States Employment

PB

Porzio, Bromberg & Newman

An Employee Has Filed A Complaint: Your HR Roadmap

Workplace investigations are rarely welcomed, but they are almost always necessary. When a concern surfaces—whether through an employee’s formal complaint, a hallway comment, an anonymous tip, something raised...

United States Employment

MM

McLane Middleton, Professional Association

New Jersey Issues Disparate Impact Regulations

United States Employment

MB

Mayer Brown

Managing Pregnancy‑Related Risk In Modern Workplaces: Insights From Women’s Professional Sports

United States Employment

SS

Seyfarth Shaw LLP

Virginia Employment Law Reforms (Video)

United States Employment

AG

Akin Gump Strauss Hauer & Feld LLP

“Joint” At The Hip? The DOL's New Proposal Could Reshape Joint Employer Liability

United States Employment

FL

Foley & Lardner

Status Quo: DOL Final Rule Keeps Overtime Salary Levels At 2019 Thresholds

United States Employment

JL

Jackson Lewis P.C.

Second Circuit Restricts Nationwide FLSA Collective Actions

United States Employment

SS

Seyfarth Shaw LLP

Supreme Court Clarifies Federal Jurisdiction In Arbitration Cases

United States Employment

B

Benesch Friedlander Coplan & Aronoff LLP

Supreme Court Reinforces Employers’ Ability To Enforce Arbitration Agreements

United States Employment

FL

Senn Fortis

SCOTUS: After Sending Employment Claims To Arbitration, Federal Courts Can Still Enforce Or Vacate Awards

United States Employment

JL

Jackson Lewis P.C.

SCOTUS Confirms Federal Courts Retain Jurisdiction Over Stayed FAA Actions

United States Litigation

DS

Dinsmore & Shohl

The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need To Know About Murray v. Cresco

United States Cannabis

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Foreign Agent Crackdown Continues: Chinese Operative In NY Convicted

United States Government

BI

Buchanan Ingersoll & Rooney PC

Foreign Sovereign Immunity In International Construction

United States Litigation

J

JAMS

The Hidden Ingredient Problem: PFAS Litigation And Regulation Are Reshaping The Beauty Industry

United States Consumer

CM

Crowell & Moring LLP

Insurance Coverage Leasing Lessons From A Slip-and-Fall Dispute

United States Insurance

KM

Katten Muchin Rosenman LLP

Employment Tip Of The Month – May 2026

A: Yes, using a uniform separation agreement may be efficient, but it can create legal exposure if not carefully tailored. Below are key considerations that will help employers ensure their separation agreements are legally compliant.

United States Employment

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Beyond Borders - Episode 14: What You Need To Know About US Employment Law (Podcast)

Our Beyond Borders podcast series is designed to help you manage your international workforce and navigate the quirks of international employment law.

United States Employment

LS

Lewis Silkin

What Employers Need To Know: The Continuing Violation Doctrine

Most employment discrimination claims live or die on timing. Under federal law, employees must file administrative charges within strict deadlines, often 45 days for federal employees or 180 to 300 days...

United States Employment

BT

Barnes & Thornburg LLP

Recent Updates In California State Law

Employers should be aware of several California laws that were recently enacted or went into effect. These laws expand the scope of care recipients that can trigger paid family leave obligations...

United States Employment

CM

Crowell & Moring LLP

NLRB Asks Sixth Circuit To Revisit Its Rejection Of Cemex

United States Employment

DS

Dinsmore & Shohl

Department Of Labor Reveals New Joint Employer Rule Proposal

United States Employment

CL

Carter Ledyard & Milburn

Class Action Decisions Published March 2026

United States Litigation

SH

Shook, Hardy & Bacon

DOL Independent Contractor Rule Proposal Signals Major Shift In Worker Classification Standards

United States Employment

MS

Miller Shah

Eleventh Circuit Takes Minority Position In Extending Exhaustion Requirement To All ERISA Claims

United States Employment

HB

Hall Benefits Law

Per Class, Per Session, Per Lawsuit: Wage And Hour Risks In Boutique Fitness

United States Employment

DW

Dickinson Wright PLLC

Show The Harm: Sixth Circuit Narrows Path To NLRB Bargaining Injunctions, Creating Circuit Split

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

Sixth Circuit Raises Standard For NLRB Injunctions And Rejects Presumed Irreparable Harm

United States Employment

JL

Jackson Lewis P.C.

Workplace Mental Health In The Americas: Employer Duties And Legal Trends

Worldwide Employment

IL

Ius Laboris

Driving While Female: What Every Woman In Trucking Should Know About Gender Discrimination

United States Employment

SH

Sanford Heisler Sharp McKnight

Show The Harm: Sixth Circuit Narrows Path To NLRB Bargaining Injunctions, Creating Circuit Split

The U.S. Court of Appeals for the Sixth Circuit has issued a landmark decision establishing a heightened evidentiary standard for obtaining injunctive relief in failure-to-bargain cases under the National Labor Relations Act.

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

Sixth Circuit Raises Standard For NLRB Injunctions And Rejects Presumed Irreparable Harm

The Sixth Circuit Court of Appeals has rejected the National Labor Relations Board's use of a less rigorous evidentiary standard for Section 10(j) injunctions, requiring the Board to satisfy the full four-factor test established in Winter v. Natural Resources Defense Council.

United States Employment

JL

Jackson Lewis P.C.

Workplace Mental Health In The Americas: Employer Duties And Legal Trends

Employers across the Americas face rising expectations around workplace mental health. This article examines how evolving legal frameworks shape employer obligations, the consequences of non-compliance, and key enforcement and policy trends across five jurisdictions in the region.

Worldwide Employment

IL

Ius Laboris

Driving While Female: What Every Woman In Trucking Should Know About Gender Discrimination

The trucking industry is a backbone of the U.S. economy, delivering goods across thousands of miles each day. Yet for many women, pursuing a career behind the wheel comes with unique obstacles.

United States Employment

SH

Sanford Heisler Sharp McKnight

Judicial Green Light: Court Upholds NLRB’s Cemex Decision

United States Employment

B

Benesch Friedlander Coplan & Aronoff LLP

Littler Lightbulb – March 2026 Employment Appellate Roundup

This comprehensive analysis examines recent federal appellate court decisions that shape employment and labor law, covering joint employer doctrine applications, age discrimination standards...

United States Employment

LM

Littler Mendelson

The NLRB In April 2026: Operating Again, But Still In Flux

As of April 2026, the National Labor Relations Board is functioning again, but not at full strength. The Board officially has five seats, yet only three are currently filled: Chairman James R. Murphy...

United States Employment

BS

Butler Snow LLP

Accommodation Granted, Termination Upheld: Seventh Circuit Clarifies The Limits Of Disability And Retaliation Claims

Accommodation is not a free pass from discipline or termination. In Lewis v. Indiana Department of Transportation, No. 25-1776 (7th Cir. April 22, 2026), the Seventh Circuit reaffirmed...

United States Employment

SS

Seyfarth Shaw LLP

Still Striking After All These Years: What The Sixth Circuit’s Back-To-Back Rieth-Riley Decisions Mean For Employers

The Sixth Circuit issued two significant decisions in the long-running labor dispute between Rieth-Riley Construction and Local 324, affirming NLRB findings that the employer violated the NLRA through unilateral wage changes, unlawful lockouts, and refusal to bargain.

United States Employment

BA

Bradley Arant Boult Cummings LLP

NLRB Pushes Forward With Cemex—Despite Sixth Circuit Setback

United States Employment

DS

Dinsmore & Shohl

Ninth Circuit Affirms Bargaining Order In Cemex Without Opining On NLRB’s Cemex Framework

United States Employment

DS

Dinsmore & Shohl

Per Class, Per Session, Per Lawsuit: Wage & Hour Risks In Boutique Fitness

United States Employment

DW

Dickinson Wright PLLC

Maryland Poised To Ban Captive Audience Meetings

United States Employment

BS

Ballard Spahr LLP

First Circuit: A PIP Does Not Necessarily Constitute An Adverse Employment Action

United States Employment

M

Mintz

CFEPA Update: Disability Benefits Don’t Replace An Employee’s Accommodation Request

United States Employment

WD

Wiggin & Dana

Virginia Enacts New Restrictions On Non-Compete Agreements

United States Employment

SS

Seyfarth Shaw LLP

Virginia’s Wide-Ranging Workplace Reforms: Employer Takeaways For July 1 Go Live

United States Employment

JL

Jackson Lewis P.C.

Webinar Recap: Mid-Year Review Of EEOC Litigation And Strategy – Fiscal Year 2026 (Video)

United States Employment

DM

Duane Morris LLP

EEOC Seeks Court Order To Force Employer To Turn Over Records In Hiring Discrimination Investigation

United States Employment

BT

Barnes & Thornburg LLP

PIPs And Peril: First Circuit Highlights Risks Of Performance Improvement Plans Post-Muldrow

United States Employment

BT

Barnes & Thornburg LLP

Washington State Enacts Near-Total Ban On Non-Compete Agreements

United States Employment

AG

Akin Gump Strauss Hauer & Feld LLP

It Ends With Contractor Status: Lessons From Blake Lively’s Sexual Harassment Case

United States Employment

DW

Dickinson Wright PLLC

First Circuit Rejects Per Se Rule That Performance Improvement Plans Automatically Qualify As Adverse Employment Actions

United States Employment

LM

Littler Mendelson

California Employment Law Notes

United States Employment

PR

Proskauer Rose LLP

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Latest Videos

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Virginia Employment Law Reforms (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Clarifies Standards For Religious Accommodations (Video)

BS

Bond, Schoeneck & King PLLC

The Class Action Weekly Wire – Episode 132: Key Developments In Wage & Hour Class And Collective / PAGA Representative Actions (Video)

DM

Duane Morris LLP

Live From Workplace Horizons 2025: Worker Activism — How To Prepare For The Expected Continued Surge? (Video)

JL

Jackson Lewis P.C.

Navigating The Office: Is DEI Legal? (Video)

ML

McCarthy, Lebit, Crystal & Liffman

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