United States: Employment Litigation/ Tribunals

Governor Newsom has signed Assembly Bill 2155, fundamentally altering California's arbitration landscape by incorporating key Federal Arbitration Act exemptions into state law. The amendment specifically adopts the transportation worker exemption and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act provisions, eliminating a longstanding legal argument employers used to enforce arbitration agreements under California law when federal law did not apply. Effective January 1, 2027, this

he Fourth Circuit’s Overby decision vacated certification of a wage and hour class action, holding that broad allegations of a common pay practice could not overcome potentially significant differences in employees’...

Two federal appellate courts reached opposite conclusions when reviewing the same change-in-control severance plan's discretionary authority clause, with the Fifth Circuit applying deferential abuse of discretion review while the Tenth Circuit used de novo review. The divergent outcomes highlight critical considerations for employers drafting severance plans and seeking to ensure maximum judicial deference to administrator decisions.

Virginia's political shift has ushered in sweeping employment law reforms that fundamentally alter the employer-employee relationship across the Commonwealth. From mandatory wage transparency and paid family leave to enhanced penalties for wage violations, these changes demand immediate attention from every Virginia employer as compliance deadlines approach.

The NLRB's 2023 Cemex decision fundamentally transformed union recognition procedures, shifting the burden from unions to employers when faced with bargaining demands. This framework departure from decades of established labor law practice may now be facing its end, with significant implications for how employers respond to union organizing efforts.

Kate Mueting, Firm Administrative Partner and Discrimination and Harassment Practice Group Co-Chair at Sanford Heisler Sharp McKnight, discusses her professional journey with firm Chairman David Sanford. She reflects on formative experiences including judicial clerkships and her decision to dedicate her career to employment discrimination and harassment law, offering insights into representing clients facing workplace crises.

Partner Andrew Macurdy discusses his career trajectory from federal prosecutor to civil rights attorney, including his role in a high-profile gender discrimination case.

Duane Morris Takeaways: On June 3, 2026, addressing an issue of first impression on overtime gap time, the U.S. Court of Appeals for the Third Circuit in U.S. Department of Labor v. Comprehensive Healthcare Mgmt.

A Colorado District Court declined to enforce EEOC administrative subpoenas seeking applicant screening data from a vendor, finding the requested information had no connection to the charging party's experience or the adverse employment decision.