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.
Article
Court Grants Conditional Certification Of Mortgage Underwriter’s Collective Action
A federal court in Georgia granted conditional certification of an FLSA collective action involving mortgage underwriters who alleged they were misclassified as exempt employees and denied overtime pay. The decision underscores the lenient evidentiary standard applied at the conditional certification stage and highlights the risks employers face when classifying employees under the FLSA's administrative exemption without demonstrating meaningful discretion in job duties.
United States Employment
DM
Duane Morris LLP
Article
Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update For Employers
A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega
United States Employment
PR
Proskauer Rose LLP
Article
Reported EEOC Procedural Changes May Shorten Employer Response Times
The U.S. Equal Employment Opportunity Commission is reportedly preparing to cut employer response deadlines in half—from 30 days to just 15 days—while simultaneously restricting extension requests. This procedural shift could fundamentally alter how organizations investigate workplace discrimination charges and prepare their defenses, particularly in complex cases involving multiple employees or extensive documentation.
United States Employment
LM
Littler Mendelson
Article
PART 2 – EEOC Enforcement: The Risk Has Not Gone Away
The revocation of Executive Order 11246 transformed federal contractor compliance, but enforcement risk remains very much alive. While OFCCP has ceased its investigative activities, the EEOC continues aggressive Title VII enforcement with recent settlements totaling millions of dollars. Federal contractors now face a complex enforcement landscape where discrimination claims can arise from multiple directions including EEOC actions, employee complaints, and new federal contract requirements.
United States Employment
HR
HR Unlimited
Article
Noncompete News Alert: Top 10 Reasons Your Restrictive Covenant May Be Unenforceable
Employee restrictive covenants like noncompetes and nonsolicitation agreements are essential tools for protecting business interests, but courts increasingly scrutinize them for overreach. This analysis identifies ten critical drafting flaws that can render these agreements unenforceable, from violating the "janitor rule" to failing state-specific procedural requirements, leaving businesses vulnerable when key employees depart.
United States Employment
FH
Ford & Harrison LLP
Article
There They Go Again! California Launches Another Attack On Arbitration
California employers relying on arbitration agreements face new restrictions as Assembly Bill 2155 closes a critical loophole between federal and state arbitration laws. The legislation aligns the California Arbitration Act with Federal Arbitration Act exclusions, fundamentally changing enforcement strategies for workplace disputes. Employers must reassess their arbitration agreements before January 1, 2027, when existing backstop protections disappear.
United States Employment
PR
Proskauer Rose LLP
Article
Top Five Labor Law Developments For July 2026
The National Labor Relations Board's new Republican majority, constitutional challenges to agency structure, and state-level labor law preemption battles are reshaping the landscape of federal labor relations. Recent court decisions and legislative developments signal significant shifts in how workplace organizing, employer speech rights, and bargaining unit determinations will be governed in the coming years.
United States Employment
JL
Jackson Lewis P.C.
Article
Lawsuit Against JPMorgan Executive Raises Question Of Defamation Of Defendants
Over the last few weeks, a lawsuit brought by a former JPMorgan Chase banker alleging sexual harassment and assault against the bank and a senior executive within its leveraged finance division has made headlines. The salacious complaint alleges that the executive subjected the plaintiff to sexual harassment, sexual assault, and retaliation during his employment. It also alleges that the bank defamed the plaintiff when it made derogatory claims about him to others in the financial services industry post-employment.
United States Litigation
RP
Reavis Page Jump LLP
Article
What Is The Sound Without The Fury? Not Protected Activity
When does an employee complaint trigger federal anti-retaliation protection, and when is it simply workplace friction? The Eighth Circuit's recent decision in Joseph v. Thomas-Grace Construction clarifies that Title VII protects opposition to unlawful discrimination, not general dissatisfaction with management style, supervision methods, or workplace dynamics. This case offers critical guidance on distinguishing protected activity from ordinary workplace grievances and demonstrates how timing, documentation
United States Employment
FL
Foley & Lardner
Article
$15 Million Verdict Against Nike Serves As Reminder That Workplace Discrimination Comes At A Steep Price For Employers
After approximately one day of deliberations, a federal jury in Oregon found Nike liable for more than $15 million in damages for violating federal and state anti-discrimination laws, finding Nike paid former employee, Heather Hender, less than similarly situated male colleagues and promoted her more slowly because of her gender.
United States Employment
RP
Reavis Page Jump LLP
Article
The Venture Market Is Not Recovering. It Is Reorganizing.
Employees increasingly voice concerns about workplace treatment, from discrimination claims to complaints about management style and job assignments. Understanding which employee complaints constitute legally protected activity has become critical for companies navigating modern workplace dynamics. This analysis explores the boundaries between protected workplace grievances and general job dissatisfaction.
United States Employment
FL
Foley & Lardner
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