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.

New Jersey Issues Disparate Impact Regulations

In this article, the author explains that New Jersey has joined certain other states in its broader approach to disparate impact enforcement and litigation than the federal government’s, at least for the foreseeable future.

United States Employment

MB

Mayer Brown

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

Women's professional sports are experiencing unprecedented growth, bringing employment law issues—particularly pregnancy accommodations—into sharp focus. Recent WNBA developments, including Houston's anticipated franchise return and a landmark collective bargaining agreement, reveal how federal protections, labor agreements, and enforcement priorities are converging to reshape workplace practices across all industries.

United States Employment

SS

Seyfarth Shaw LLP

Virginia Employment Law Reforms (Video)

Virginia has enacted a broad set of employment law reforms that will significantly expand employer obligations over the next several years.

United States Employment

AG

Akin Gump Strauss Hauer & Feld LLP

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

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.

United States Employment

FL

Foley & Lardner

Second Circuit Restricts Nationwide FLSA Collective Actions

United States Employment

SS

Seyfarth Shaw LLP

Employment Tip Of The Month – May 2026

United States Employment

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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

United States Employment

LS

Lewis Silkin

What Employers Need To Know: The Continuing Violation Doctrine

United States Employment

BT

Barnes & Thornburg LLP

Recent Updates In California State Law

United States Employment

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Crowell & Moring LLP

Department Of Labor Reveals New Joint Employer Rule Proposal

United States Employment

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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

For Whom The Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping Claims

United States Privacy

FR

Fox Rothschild LLP

Littler Lounge: Just Cause For A Chat About Corrective Actions (Podcast)

United States Employment

LM

Littler Mendelson

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

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Nossaman LLP

Podcast - The New Rules Of Healthcare Fraud Enforcement

United States Healthcare

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Holland & Knight

Ankura CTIX FLASH Update – May 11, 2026

United States Technology

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Ankura Consulting Group LLC

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

The Ninth Circuit recently upheld the NLRB’s Cemex decision, reinforcing stricter rules for union recognition and employer conduct during organizing campaigns.

United States Employment

B

Benesch Friedlander Coplan & Aronoff LLP

PAGA Paraphrased – Santana v. Studebaker Health Care Center

The Second District Court of Appeal reversed a trial court's denial of a motion to compel arbitration in an employment dispute, finding that multiple onboarding documents created a valid arbitration...

United States Employment

SS

Seyfarth Shaw LLP

Littler Lightbulb – April 2026 Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

U.S. Supreme Court Declines Review In Bivens V. Zep: What The Ongoing Split Means For Employers

United States Employment

FH

Ford & Harrison LLP

Mass. Court Limits Liability Under PFMLA To Employers, Not Individuals

United States Employment

JL

Jackson Lewis P.C.

Littler Lightbulb – March 2026 Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

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

United States Employment

SS

Seyfarth Shaw LLP

NLRB Pushes Forward With Cemex—Despite Sixth Circuit Setback

United States Employment

DS

Dinsmore & Shohl

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

United States Employment

BA

Bradley Arant Boult Cummings LLP

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

United States Employment

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Butler Snow LLP

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

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

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

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

On April 21, 2026, the Ninth Circuit Court of Appeals affirmed the National Labor Relations Board’s (“Board”) issuance of bargaining orders in Cemex Construction Materials Pacific, LLC v. NLRB.

United States Employment

DS

Dinsmore & Shohl

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

The boutique fitness industry's reliance on per-class compensation and independent contractor classifications has created a minefield of wage-and-hour compliance issues, resulting in millions of dollars in settlements and enforcement actions. As federal regulations shift and state laws diverge, fitness studios face mounting legal exposure from misclassification claims, unpaid overtime disputes, and piece-rate compensation violations that threaten the industry's traditional business model.

United States Employment

DW

Dickinson Wright PLLC

Maryland Poised To Ban Captive Audience Meetings

United States Employment

BS

Ballard Spahr LLP

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

The EEOC’s fiscal year (“FY 2026”) spans from October 1, 2025, to September 30, 2026. Through the midway point, EEOC has filed 31 enforcement lawsuits...

United States Employment

DM

Duane Morris LLP

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

On March 18, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a petition in the Southern District of Florida asking a federal judge to compel home appliance repair company Nisi-FL Inc. to comply...

United States Employment

BT

Barnes & Thornburg LLP

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

The U.S. Court of Appeals for the First Circuit discussed whether a performance improvement plan (PIP) is an adverse employment action in Walsh v. HNTB Corporation on March 13, 2026.

United States Employment

BT

Barnes & Thornburg LLP

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

On March 23, 2026, Washington Governor Bob Ferguson signed Engrossed Substitute House Bill 1155 (SB 1155) into law, dramatically expanding Washington’s existing non-competition agreements (“non-compete”)...

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

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Dickinson Wright PLLC

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

United States Employment

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Littler Mendelson

California Employment Law Notes

United States Employment

PR

Proskauer Rose LLP

What You Need To Know About Workplace Defamation

United States Employment

TE

The Employment Law Group

The Transportation Worker Exemption: Current Legal Landscape And The Supreme Court’s Upcoming Review Of Last-Mile Delivery Drivers

United States Employment

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Seyfarth Shaw LLP

Deadline Approaching: California Employers Must Implement Emergency Contact Notification Policy By March 30, 2026

United States Employment

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Jeffer Mangels & Mitchell LLP

Tipping Point: A $21 Million Verdict Shows Why Employers Must Get Tip Pools Right

United States Employment

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Sheppard, Mullin, Richter & Hampton LLP

Fifth District Limits Cook Decision, Bolstering Enforceability Of Employment Arbitration Agreements In California

United States Employment

AF

ArentFox Schiff

Revisiting Independent Contractor Classification: What The DOL’s 2026 Proposed Rule Means For Businesses

United States Employment

BS

Butler Snow LLP

The Horror Continues: California's Big "Nuclear Verdicts" Just Keep Coming!

United States Employment

PR

Proskauer Rose LLP

Cannabis Group Series | Current And Emerging Employment Issues In Cannabis

United States Cannabis

CH

Clark Hill

Join Us For A Mid-Year Review Of EEOC Litigation And Strategy

United States Employment

DM

Duane Morris LLP

Employees Can't Retroactively Claim FMLA Leave After Ignoring Call-In Procedures, Seventh Circuit Rules

United States Employment

BT

Barnes & Thornburg LLP

What's New In Employment Law: March 2026

United States Employment

WB

Womble Bond Dickinson

Beyond The Label: Volunteer Arrangements And Worker Status Under English Law

United States Employment

LM

Littler Mendelson

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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

VIDEO – DMCAR Trend #7: The Trump Administration's Policies Had A Profound Impact On Government Enforcement Litigation

DM

Duane Morris LLP

Live From Workplace Horizons 2025: Muldrow One Year Later — How Can Employers Minimize Litigation Exposure? (Video)

JL

Jackson Lewis P.C.

Navigating The Office: Is DEI Legal? (Video)

ML

McCarthy, Lebit, Crystal & Liffman

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