United States: Employment Litigation/ Tribunals

In a significant development for employers in the Third Circuit, the U.S. Court of Appeals for the Third Circuit recently held that the FLSA does not permit recovery of “overtime gap time” wages.

Managing employee performance effectively requires more than business acumen—it demands careful attention to legal risk at every stage. From setting clear expectations to documenting feedback and applying discipline consistently, each decision can either strengthen an employer's position or create costly litigation exposure. Understanding how to navigate performance issues while minimizing legal vulnerabilities is essential for protecting both the organization and its workforce.

Former Assistant U.S. Attorney Dedra S. Curteman shares practical insights and best practices for preparing for litigation after receiving a discrimination complaint from an employee.

A federal court in Colorado ruled that the EEOC's ADA claims against an employer were frivolous and without foundation, entitling the defendant to full attorney's fees.

The Florida Supreme Court has resolved a decade-long split among appellate courts regarding the burden of proof for private whistleblower claims, establishing that employees must demonstrate an actual violation of law rather than merely a good faith belief in wrongdoing. This landmark decision clarifies the distinction between protections afforded to public versus private sector whistleblowers and provides uniform guidance for employers defending against retaliation claims.

Can employees of federally funded educational institutions file lawsuits against their institutions under Title IX? To date, the answer to that question has depended on where the educational employer operates.

The U.S. Department of Labor has proposed a new rule establishing federal standards for determining joint employer status under the FLSA, FMLA, and MSPA.

A federal court in Pennsylvania severed claims of over 14,000 plaintiffs in three mass FLSA actions, finding the cases improperly joined and warning that such filings appear to be tactical maneuvers around standard collective action procedures.

The Second Circuit has ruled that federal courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant-employer is "essentially at home" in the forum state or consents to jurisdiction.