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.

AB 288: California's New Labor Law Could Pull Private Employers Into State Oversight

California's AB 288 creates a major potential shift in labor-relations enforcement. For the first time, the state's Public Employment Relations Board (PERB)...

United States Employment

JM

Jeffer Mangels Butler & Mitchell LLP

Some Place Or Another: Nevada Supreme Court Expands Reach Of Nevada's Luring Statute

Enacted in 1967, Nevada's "employment-luring" statute prohibits employers from inducing, influencing, persuading, or engaging prospective employees to "change from one place or another in this state" or to "bring workers of any class or calling into this state" by "false or deceptive representations, false advertising or false pretenses."

United States Employment

LM

Littler Mendelson

Managing Employee Leave & Accommodations In 2025: A SHRM Webinar Recap

Employers today face an increasingly complex landscape when managing employee leave and accommodations. Overlapping federal mandates, evolving pregnancy-related requirements...

United States Employment

JW

Jones Walker

California Court Of Appeal Provides Practical Roadmap For Managing Overlapping PAGA Actions In Brown v. Dave & Buster's Of Cal., Inc.

The California Court of Appeal, Second Appellate District's decision in Brown v. Dave & Buster's of Cal., Inc. offers employers meaningful clarity and a workable strategy for navigating overlapping actions under the Private Attorney's General Act.

United States Employment

KG

K&L Gates LLP

The DOL And DOJ Take Steps To Support ERISA Fiduciary Defendants At The Supreme Court

United States Employment

GL

Groom Law Group

Littler Lightbulb – November 2025 Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

California Court Of Appeal Affirms Strict Jurisdictional Deadline For Appeals Of Labor Commissioner Decisions

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Circuit Split Deepens As Fifth And Sixth Circuits Deny Enforcement Of NLRB's Enhanced Remedies In Labor Cases

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

New Cal-WARN Act Notice Requirements

United States Employment

WT

Weintraub Tobin Chediak Coleman Grodin Law Corporation

Sixth Circuit Says 'That's A Wrap' To Hostile Work Environment Claims

United States Employment

B

BakerHostetler

Why Amending A Complaint After The Scheduling Order Deadline Has Passed Is No Sure Thing

United States Litigation

CH

Clark Hill

NYC's New Expanded Sick Leave: What Employers Need To Know

United States Employment

PB

Porzio, Bromberg & Newman

LaborSpeak: WARN Update – California's New Notice Requirements (Video)

United States Employment

AG

Akin Gump Strauss Hauer & Feld LLP

Employee Was Wrongfully Terminated After Failing Polygraph Test

United States Employment

PR

Proskauer Rose LLP

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Food Venture Financing News – Weekly Issue No. 263

United States Healthcare

DW

Davis Wright Tremaine

Health Care Mediation Strategies: How To Resolve Complex Provider, Reimbursement, And Compliance Disputes (Podcast)

United States Litigation

J

JAMS

Food Venture Financing News – Weekly Issue No. 262

United States Healthcare

DW

Davis Wright Tremaine

Countdown To Jan. 1, 2026: Preparing For California's New AI Training Data Transparency Obligations

United States Technology

FK

Frankfurt Kurnit Klein & Selz

Remote Workers And The Law: Critical Tips For Employers

Employment law for a Utah business can be … tricky. On one hand, you are trying to find, recruit and retain the best and brightest to help your customers and clients.

United States Employment

HH

Holland & Hart

Case Study: Protecting A Beloved Local Business Through Early, Efficient Resolution

A neighborhood-favorite bakery and coffee shop owned by a kind, community-minded family...

United States Employment

SR

Shulman Rogers

$9.3 Million Judgment Highlights High Stakes Of Employee Misclassification

Deciding whether to classify a worker as an employee or an independent contractor is a nuanced and complicated decision in an area that is constantly changing. A recent $9.3 million...

United States Employment

SR

Shulman Rogers

Administrative Complaint And Subsequent Lawsuit Deemed Related Claims First Made Before EPL Coverage Incepted

A federal district court determined that there was no coverage for a claim where a related claim was first made before the policy period began. Urena v. Travelers Cas. & Sur. Co. of Am., 2025 WL 2826199 (D.N.H. Oct. 6, 2025).

United States Insurance

WR

Wiley Rein

10 Compelling Reasons For Employment Arbitration: The "Need For Speed"

United States Employment

CH

Clark Hill

10 Compelling Reasons For Employment Arbitration: Protecting Productivity And Preventing Disruption

United States Litigation

CH

Clark Hill

Third Circuit Clarifies That FLSA Claims May Be Released By Absent Class Members

United States Employment

SS

Seyfarth Shaw LLP

Recent Federal Appeals Court Decision Highlights Importance Of Unbiased Investigations In Defending Against Retaliation Claims

United States Employment

FL

Foley & Lardner

Navigating Workforce Restructuring In Europe

United States Commercial

WL

The Wallenstein Law Group

Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud And Abuse Act

United States Employment

GB

Genova Burns

Think Before You Push 'Record' Making A Secret Recording At Work Is Almost Always A Bad Idea

United States Employment

TE

The Employment Law Group

California Court Of Appeal Upholds Wrongful Discharge Claim Over Polygraph Testing

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Works Council Initiators Not Protected In First Six Months Of Employment, LAG Munich Rules

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

6th Circuit Breaks From Majority & Requires Intentional Conduct For Employer Liability In Non-Employee Harassment Cases

United States Employment

FL

Senn Fortis

Think Before You Push 'Record' Making A Secret Recording At Work Is Almost Always A Bad Idea

Lately more of our law firm's potential clients — employees who face on-the-job discrimination, harassment, or other wrongdoing — have arrived with secret workplace recordings that they believe could help to win their case.

United States Employment

TE

The Employment Law Group

California Court Of Appeal Upholds Wrongful Discharge Claim Over Polygraph Testing

The California Court of Appeal, Fourth Appellate District, recently issued a significant decision in McDoniel v. Kavry Management, LLC, holding that an employer's violation of Labor Code section 432.2—California's...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Works Council Initiators Not Protected In First Six Months Of Employment, LAG Munich Rules

In its ruling of August 20, 2025 (Ref.: 10 SLa 2/25), the Munich Regional Labor Court (LAG Munich) decided that an employee who takes preparatory steps to establish a works council during the first six months...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

6th Circuit Breaks From Majority & Requires Intentional Conduct For Employer Liability In Non-Employee Harassment Cases

The 6th Circuit Court of Appeals recently held that Title VII requires intentional conduct by the employer before liability attaches based on the actions of a non-employee, such as a client or customer.

United States Employment

FL

Senn Fortis

How The Starbucks Dress Code Lawsuit Impacts Colorado Employers

United States Employment

FL

Senn Fortis

EntertainHR: What Love Island USA Teaches Us About Handling Discriminatory Language In The Workplace

Two episodes into Season 7 of the Peacock dating series Love Island USA, contestant Yulissa Escobar was abruptly removed after podcast clips resurfaced of her using a racial slur.

United States Employment

FH

Ford & Harrison LLP

Frozen Pipeline: Examining The EEOC's Quietest Year In A Decade

While we viewed the EEOC's Fiscal Year 2024 as "sluggish," the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges...

United States Employment

SS

Seyfarth Shaw LLP

What Employers Need To Know About Court Decision Striking Florida's Open Carry Ban

Florida's First District Court of Appeals recently held that Florida's ban on openly carrying firearms is unconstitutional. Florida's Attorney General has issued guidance stating that the decision currently applies statewide.

United States Employment

FH

Ford & Harrison LLP

California Court Clarifies Employer Liability For Off-Site Harassment

In Kruitbosch v. Bakersfield Recovery Services, Inc., the California Court of Appeal, Fifth Appellate District, held that an employee had stated a cognizable claim for sexual harassment hostile...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

EEOC To Close Investigations Of Disparate Impact Discrimination

United States Employment

LM

Littler Mendelson

Littler Lounge: Data Doesn't Lie – Following The Digital Footprints In Workplace Lawsuits (Podcast)

United States Employment

LM

Littler Mendelson

No Free Delivery: Misclassification Comes At A Price

United States Employment

KM

Keating, Meuthing & Klekamp

EntertainHR: "Don't Look Back In Anger" By Failing To Include Arbitration Clauses In Employment Contracts

United States Employment

FH

Ford & Harrison LLP

Second Circuit: ERISA Plaintiffs Who Did Not Personally Invest In Allegedly Mismanaged Investment Options Lack Article III And Class Standing

United States Litigation

ST

Simpson Thacher & Bartlett

Florida's Open Carry Shift: Implications For Employers

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

HR Records In The Cloud Can Create A Perfect Storm

United States Employment

GG

Greenberg Glusker Fields Claman & Machtinger

Training Repayment Agreements And The Federal Truth In Lending Act: Case Update

United States Litigation

KM

Katten Muchin Rosenman LLP

Is A Uniform Standard For Evaluating FLSA Collective Action Notice Motions On The Horizon?

United States Employment

LM

Littler Mendelson

Understanding Employment Law Outside The United States For Multinational Employers – Part 1

Worldwide Employment

LM

Littler Mendelson

10 Compelling Reasons For Employment Arbitration: Eliminating Jury Trials

United States Employment

CH

Clark Hill

Fifth Circuit Restores The Pregnant Workers Fairness Act: What Employers Need To Know

United States Employment

CD

Crowe & Dunlevy

FLSA Collective Actions Post-Harrington: An Arizona Federal Court Weighs In

United States Employment

PC

Perkins Coie LLP

Age Discrimination Act—Which Proscribes Age Discrimination In Programs Receiving Federal Assistance—Does Not Apply To Medical Residency Rankings, Ninth Circuit Panel Rules

United States Employment

SM

Sheppard Mullin Richter & Hampton

Littler Lounge: Redefining "Reasonable" – Religion And The Workplace (Podcast)

United States Employment

LM

Littler Mendelson

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Latest Videos

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LaborSpeak: WARN Update – California's New Notice Requirements (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

Live From Workplace Horizons 2025: PAGA Amendments — Have Recent Changes Improved The Plight Of Employers? (Video)

JL

Jackson Lewis P.C.

Navigating The Office: Is DEI Legal? (Video)

ML

McCarthy, Lebit, Crystal & Liffman

What Are Some Investigation Interview Tips For Speaking To Someone Who May Have Experienced Trauma? (Video)

LM

Littler Mendelson

California Employment Law Developments And Trends (Video)

WL

Withers LLP

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