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.

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

What can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the 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

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

United States Employment

FL

Senn Fortis

How The Starbucks Dress Code Lawsuit Impacts Colorado Employers

United States Employment

FL

Senn Fortis

Challenge To Implicit Bias Training Survives Summary Judgment

United States Employment

CO

Cozen O'Connor

The Potential Impact Of Muldrow On Quid Pro Quo Sexual Harassment Claims

United States Employment

RP

Reavis Page Jump LLP

The Ministerial Exception: Recent Decisions In Minnesota And Washington

United States Employment

MB

Michael Best

More Bite Behind It: New EEOC Quorum Empowers Agency To Entrench Its Positions

United States Employment

RB

Reinhart Boerner Van Deuren s.c.

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

United States Employment

FH

Ford & Harrison LLP

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

United States Employment

SS

Seyfarth Shaw LLP

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

United States Employment

FH

Ford & Harrison LLP

California Court Clarifies Employer Liability For Off-Site Harassment

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

Tariffs, Contracts And The Negotiation Imperative: Why The Old Playbook Won't Work

United States International

J

JAMS

Federal Court Blocks Enforcement Of Texas Proxy Advisor Disclosure Law

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Greenwashing Legislation Trends: Key Takeaways For Businesses

Worldwide Commercial

RG

Ropes & Gray LLP

California Privacy Violations Result In $1.35 Million Fine!

United States Privacy

KM

Klein Moynihan Turco LLP

EEOC To Close Investigations Of Disparate Impact Discrimination

The U.S. Equal Employment Opportunity Commission will close almost all pending charges based solely on allegations of disparate impact discrimination by September 30, 2025...

United States Employment

LM

Littler Mendelson

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

Think your digital trail is just background noise? Think again. In this episode, discover how data – from social media to id badge swipes – can alter the trajectory of a workplace lawsuit.

United States Employment

LM

Littler Mendelson

No Free Delivery: Misclassification Comes At A Price

A recent $24.75 million class action settlement in Lawson v. Grubhub, Inc., marks yet another milestone in the ongoing debate over gig-economy worker classification.

United States Employment

KM

Keating, Meuthing & Klekamp

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

I was fortunate to receive tickets to see Oasis over Labor Day weekend in New York. I'm not sure I've ever seen a concert quite like the one put on by the biggest British...

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

10 Compelling Reasons For Employment Arbitration: Eliminating Jury Trials

This sixth installment of our series discusses the elimination of jury trials by way of employment arbitration agreements. In today's complex legal landscape, employers are increasingly turning to arbitration...

United States Employment

CH

Clark Hill

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

On August 15, 2025, the Fifth Circuit Court of Appeals reversed a Texas federal district court ruling that had declared the Pregnant Workers Fairness Act (PWFA) unconstitutional.

United States Employment

CD

Crowe & Dunlevy

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

In a recent blog post, we analyzed the landmark decision by the U.S. Court of Appeals for the Ninth Circuit in Harrington v. Cracker Barrel Old Country Store, Inc., which clarified the limits of personal jurisdiction in Fair Labor Standards Act (FLSA) collective actions.

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

The Age Discrimination Act of 1975 (the "Age Act") proscribes age-based discrimination in programs and activities that receive federal financial assistance.

United States Employment

SM

Sheppard Mullin Richter & Hampton

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

United States Employment

LM

Littler Mendelson

Evolving Challenges In Employment Mediation: Managing Emotions, Shifting Strategies And Legal Trends (Podcast)

Employment mediation continues to evolve—driven by rising emotional complexity, changing workplace dynamics and new legal challenges. In this podcast episode...

United States Employment

J

JAMS

Employers Be Warned! Prior Remote Work May Preclude Hardship Defense

On August 13, 2025, the United States District Court for the District of Columbia issued a decision addressing an employer's obligations under the Americans...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Recent Supreme Court Decisions Allow More Title VII Claims

Four U.S. Supreme Court decisions over the past four years collectively have created the potential for increased discrimination lawsuits based on Title VII of the Civil Rights Act of 1964.

United States Employment

HB

Hall Benefits Law

California Supreme Court Allows More Flexibility On Arbitration Fee Payment Rules

The California Supreme Court's recent decision in Hohenshelt v. Superior Court addressed whether California's Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay arbitration fees ...

United States Litigation

JL

Jackson Lewis P.C.

Technical Foul: Nuggets Mascot Claims Wrongful Termination

United States Employment

FL

Senn Fortis

California Employers Gain Relief In Arbitration Fee Deadline Ruling

United States Litigation

CH

Clark Hill

Seventh Circuit Adopts More Flexible Standard For Issuing Notice In Collective Actions

United States Employment

LM

Littler Mendelson

New Jersey Lawmakers Mull Stronger Labor Protections For Cannabis Industry Workers

United States Cannabis

OD

Ogletree, Deakins, Nash, Smoak & Stewart

American Law Institute Endorses Novel Vicarious Liability Tort For Employee Sexual Assaults

United States Employment

SH

Shook, Hardy & Bacon

California Supreme Court Takes A Bite Out Of The Rigid Application Of Arbitration Fee Deadlines: Hohenshelt v. Superior Court

United States Employment

LM

Littler Mendelson

Mintz On Air: Practical Policies - Investigations Unscripted (Podcast)

United States Employment

M

Mintz

Top Five Labor Law Developments For July 2025

United States Employment

JL

Jackson Lewis P.C.

What Employers Need To Know About The Fate Of Wider Relief After Trump v. CASA, Inc.

United States Employment

LM

Littler Mendelson

$27M Verdict Warns Employers: Vet And Train Employees Or Pay The Price

United States Employment

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Dickinson Wright PLLC

[Podcast] AI Bias Audits

United States Employment

PR

Proskauer Rose LLP

Court Of Appeals Decision May Offer Employers Relief For Attorneys' Fees Under California Labor Code Section 1102.5

United States Employment

GT

Greenberg Traurig, LLP

Why Healthcare Organizations Need Strategic Legal Partnerships: Beyond Crisis Management

United States Healthcare

MB

Michael Best

News Of An Employee's Arrest Or Pending Criminal Charges Poses A Dilemma For California Employers

United States Employment

LM

Littler Mendelson

Oregon Clarifies Time Frames For Filing Civil Actions In Employment Cases

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

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Latest Videos

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Live From Workplace Horizons 2025: Arbitration — Still The First Line Of Defense For Workplace Claims? (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

What Are Union Grievances? (Video)

R

Romano Law

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