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.

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

However, the employer may preclude an award of attorney's fees to the employee by establishing the same-decision affirmative defense outlined in Labor Code section 1102.6.

United States Employment

GT

Greenberg Traurig, LLP

Why Healthcare Organizations Need Strategic Legal Partnerships: Beyond Crisis Management

The healthcare industry faces an unprecedented combination of regulatory complexity, workforce challenges, and operational pressures.

United States Healthcare

MB

Michael Best

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

Employers in California should consider applicable legal constraints carefully before disciplining an employee after learning of an arrest or pending charges.

United States Employment

LM

Littler Mendelson

New York City Gives Birth To Paid Prenatal Leave Obligations For Employers

Although all New York state employees have been eligible for 20 hours of paid prenatal leave since Jan. 1, 2025, employers in New York City now have additional obligations in administering prenatal leave benefits.

United States Employment

B

BakerHostetler

Supreme Court Levels The Playing Field For Reverse Discrimination Claims

United States Employment

MP

Manatt, Phelps & Phillips LLP

Top Five Labor Law Developments For June 2025

United States Employment

JL

Jackson Lewis P.C.

AI-Driven Employment Litigation Post-Trump AI EO's

United States Employment

M

Mintz

Rescission Reinforced: U.S. Court Grants Insurer Relief For Misrepresentation In Policy Application

United States Insurance

AA

Adams & Adams

Delaware Court Confronts Issue Of First Impression: When A Company Attempts To Enforce A Noncompete Seeking Only Damages, Does The Same Reasonableness Analysis Apply?

United States Employment

FL

Foley & Lardner

Where It's Filed Really Matters: Jurisdictional Limits In Wage And Hour Litigation

United States Employment

SS

Seyfarth Shaw LLP

TPS For Honduras And Nicaragua Ends: What Employers Need To Know About The 60-Day Work Authorization Extension

Worldwide Immigration

SS

Seyfarth Shaw LLP

The Supreme Court 'Ames' To Clarify That All Discrimination Claims Must Be Treated Equally

United States Employment

B

BakerHostetler

Washington Supreme Court Lowers Bar For Employee Lawsuits Over Latent Occupational Diseases

United States Employment

PC

Perkins Coie LLP

ERISA Litigation Update Newsletters - July 10, 2025

United States Employment

GP

Goodwin Procter LLP

The Art Of The (UK) Deal

United States International

BG

Braumiller Law Group, PLLC

2025 Trade Policy Agenda Provides Rationale For Trump Tariff Actions

United States International

BG

Braumiller Law Group, PLLC

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

Artificial Intelligence 2025 - Trends And Developments

United States Technology

SJ

Steptoe LLP

From 1925 To Today: How The FAA Transformed Dispute Resolution - The Importance Of Preserving The Core Values Of Arbitration

United States Litigation

J

JAMS

The State Of Cross-Plan Offsetting Litigation

In general, cross‑plan offsetting occurs when (a) one health plan ("Plan A") overpays a provider for services, (b) the provider declines to reimburse the overpayment...

United States Employment

KR

Kutak Rock LLP

1 Big Bill + 2 New Deductions = Multiple New Challenges

With Sharpie in hand and military jets overhead, President Trump marked Independence Day by signing H.R. 1, best known as the "One Big Beautiful Bill," or "OBBB"—into law.

United States Employment

SS

Seyfarth Shaw LLP

Tax Bill Changes 1099 Reporting Thresholds

The "One Big Beautiful Bill Act" signed into law on July 4, 2025, makes two important changes to tax reporting requirements that should be of interest to employers.

United States Tax

LM

Littler Mendelson

Nuclear Winter: The Post-Verdict Battle In Employment Cases

As we have previously reported here and here, "nuclear" verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years.

United States Employment

PR

Proskauer Rose LLP

If You're Experiencing A Massive Jury Verdict, Hang Up And Dial 911!

United States Employment

PR

Proskauer Rose LLP

Supreme Court And Title VII: Implications For Reverse Discrimination

United States Employment

SH

Scarinci Hollenbeck LLC

10 Compelling Reasons For Employment Arbitration: Preventing Class And Collective Actions

United States Litigation

CH

Clark Hill

Supreme Court Limits The District Courts' Ability To Issue Universal Injunctions Against Executive Orders And Agency Action

United States Litigation

FH

Ford & Harrison LLP

It's Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

United States Employment

CK

Conn Kavanaugh Rosenthal Peisch & Ford

June Tip Of The Month: Supreme Court Decision Levels The Playing Field For "Reverse Discrimination" Claims

United States Employment

PC

Perkins Coie LLP

Unreasonable Delays And IMEs: The Fifth Circuit Provides Guidance On Reasonable Accommodations Under The ADA

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

DOL Wage And Hour Division To No Longer Seek Liquidated Damages

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages In Wage & Hour Pre-Litigation Investigations

United States Employment

FL

Foley & Lardner

U.S. Department Of Labor To Stop Seeking Liquidated Damages In Wage And Hour Investigations

United States Employment

LM

Littler Mendelson

Unreasonable Delays And IMEs: The Fifth Circuit Provides Guidance On Reasonable Accommodations Under The ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA)...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

DOL Wage And Hour Division To No Longer Seek Liquidated Damages

On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum wage or overtime under the Fair Labor Standards Act (FLSA).

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages In Wage & Hour Pre-Litigation Investigations

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations...

United States Employment

FL

Foley & Lardner

U.S. Department Of Labor To Stop Seeking Liquidated Damages In Wage And Hour Investigations

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in connection with the pre-litigation resolution of wage and hour investigations for unpaid minimum wages and overtime compensation...

United States Employment

LM

Littler Mendelson

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

United States Employment

KD

Kelley Drye & Warren LLP

Chicago's Annual Employment Law Changes Are Coming July 1 — Are You Ready?

It's that time of year again for Chicago employers – with July 1 bringing updates to Chicago's key employment laws.

United States Employment

SS

Seyfarth Shaw LLP

Another Published California Appellate Decision Finds Waiver Of Right To Arbitrate Due To Untimely Payment Of Fees, Ahead Of California Supreme Court Ruling On Same Issue

A recent decision from the Second District California Court of Appeal highlights the importance of employers making timely payments of arbitration fees...

United States Employment

SM

Sheppard Mullin Richter & Hampton

First Circuit Concludes Employee's Wrongful Termination, Other State Law Claims Are Preempted By Federal Law

The U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) recently awarded a victory to employers litigating claims...

United States Employment

FL

Foley & Lardner

LWDA Not Liable For Costs In PAGA Case It Wasn't Involved In

A California appellate panel recently determined that California's Labor and Workforce Development Agency (LWDA) is not on the hook for costs after the trial court ruled...

United States Employment

MP

Manatt, Phelps & Phillips LLP

2025 Labor & Employment Legal Trends: Workplace Management

United States Employment

JW

Jones Walker

Live From Workplace Horizons 2025: Arbitration Or Trial Prep: What Do In-House Counsel And Senior HR Executives Need To Know? (Video)

United States Law Practice

JL

Jackson Lewis P.C.

Workplace Strategies Watercooler 2025: When Good Cases Go Bad—Top HR Mistakes Leading To Big Jury Verdicts (Podcast)

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Litigation Lens: Insights From Recent Age Discrimination Litigation (Podcast)

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

10 Compelling Reasons For Employment Arbitration: Part 1

United States Employment

CH

Clark Hill

Court-Ordered Religious Liberty Training Reversed In Win For Employer

United States Employment

PD

Phelps Dunbar LLP

Live From Workplace Horizons 2025: PAGA Amendments — Have Recent Changes Improved The Plight Of Employers? (Video)

United States Employment

JL

Jackson Lewis P.C.

Supreme Court Rejects Heightened Standard For Discrimination Claims From Majority Groups

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

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

United States Employment

JL

Jackson Lewis P.C.

2025 Labor & Employment Legal Trends: Accommodation And Leave Issues

United States Employment

JW

Jones Walker

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

United States Employment

SS

Seyfarth Shaw LLP

Supreme Court To Decide The Fate Of Universal Injunctions

United States Employment

B

BakerHostetler

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

United States Employment

JL

Jackson Lewis P.C.

Employment Law Update, May 22, 2025

United States Employment

PB

Parsons Behle & Latimer

Littler Lightbulb – April Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

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Latest Videos

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Live From Workplace Horizons 2025: PAGA Amendments — Have Recent Changes Improved The Plight Of Employers? (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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