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.

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

This month, in Walsh v. HNTB Corporation, the U.S. Court of Appeals for the First Circuit affirmed a district court finding that placing...

United States Employment

LM

Littler Mendelson

California Employment Law Notes

When applying to work at Empire Nissan, Evangelina Yanez Fuentes was given an employment application packet that included an arbitration agreement...

United States Employment

PR

Proskauer Rose LLP

What You Need To Know About Workplace Defamation

Defamation is not just a buzzword in pop culture. It is an illegal action that can harm a person’s reputation and even their livelihood if they lose their job.

United States Employment

TE

The Employment Law Group

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

By Monday, March 30, 2026, employers must give employees the opportunity to name an emergency contact and to indicate whether that contact should be notified if the employee is arrested or detained at the worksite...

United States Employment

JM

Jeffer Mangels & Mitchell LLP

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

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

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

United States Employment

BT

Barnes & Thornburg LLP

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

United States Employment

DM

Duane Morris 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

Preparing Witnesses

United States Employment

BB

Baker Botts LLP

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

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JAMS

Simpson Thacher Sustainability And ESG: Regulatory Update – March 2026

United States Commercial

ST

Simpson Thacher & Bartlett

March 2026: Federal Deadlines That Will Reshape The AI Regulatory Landscape

United States Technology

BB

Baker Botts LLP

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

What Every Multinational Should Know About…Managing The Aftermath Of The Supreme Court's IEEPA Tariff Decision (Part I)

United States International

FL

Foley & Lardner

U.S. Supreme Court Employment Law Update – Ames v. Ohio Dept. Of Youth Svc.

Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026, that featured timely discussions on AI, employment law, and what's ahead for the workplace.

United States Litigation

BB

Baker Botts LLP

We Need More Screen Time – Let's Watch Our Employees

Questions about employee monitoring, especially electronic monitoring, come up regularly these days. Monitoring can involve email, computer log-in history...

United States Employment

BA

Bradley Arant Boult Cummings LLP

Second Circuit Clarifies Standards For Religious Accommodations (Video)

For this week's Business in 2026 webinar, Bond labor and employment attorney Kymberley Walcott-Aggrey discussed how the U.S. Court of Appeals...

United States Employment

BS

Bond, Schoeneck & King PLLC

A Wider Lens On Summary Judgment: What The Eleventh Circuit's Decision In Ismael v. Roundtree Means For Employers

A recent decision from the U.S. Court of Appeals for the Eleventh Circuit (which covers Florida, Georgia, and Alabama) provides an important reminder for employers: courts must look at the "entire picture" when deciding...

United States Employment

FH

Ford & Harrison LLP

EAT Ruling Highlights Risk Of Indirect Discrimination Claims Where Post-TUPE Pay Differential

United States Employment

KL

Herbert Smith Freehills Kramer LLP

OFCCP Poised To Produce Contractors' EEO-1 Data Following Losses In Litigation

United States Employment

LM

Littler Mendelson

Littler Lightbulb – January 2026 Appellate Roundup

United States Employment

LM

Littler Mendelson

Another "Nuclear" Verdict Against A California Employer — $52 Million!

United States Employment

PR

Proskauer Rose LLP

Ninth Circuit's FOIA Ruling Moves Toward Implementation In EEO‑1 Disclosure Case

United States Government

PR

Proskauer Rose LLP

One Minute Matters [Video]: What Are The Major Employment Law Updates For 2026? (With Abad Lopez)

United States Employment

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Dykema

DOL To Release EEO-1 Reports Following Ninth Circuit Ruling

United States Government

JL

Jackson Lewis P.C.

California High Court Limits Use Of Formatting And "Fine Print" Arguments To Defeat Arbitration

United States Employment

LM

Littler Mendelson

Beyond Burden Shifting: What The Eleventh Circuit's Latest Decision Might Mean For McDonnell Douglas

United States Employment

GT

Greenberg Traurig, LLP

The Mental Health Crisis Entering The Workplace

United States Employment

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

DOL To Release EEO-1 Reports Following Ninth Circuit Ruling

On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep't of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift...

United States Government

JL

Jackson Lewis P.C.

California High Court Limits Use Of Formatting And "Fine Print" Arguments To Defeat Arbitration

The California Supreme Court (the "Court") has confirmed that an arbitration agreement's formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.

United States Employment

LM

Littler Mendelson

Beyond Burden Shifting: What The Eleventh Circuit's Latest Decision Might Mean For McDonnell Douglas

Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases, ...

United States Employment

GT

Greenberg Traurig, LLP

The Mental Health Crisis Entering The Workplace

Federal and state law have long included requirements that employers accommodate employees with mental health conditions under certain circumstances. Employees are increasingly raising and litigating these concerns.

United States Employment

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

WeirFoulds Employment Law Hot Takes: Employer Takeaways From Willy Nylander's Off-Duty Flip Of The Bird

United States Employment

WL

WeirFoulds LLP

Employment Law Weekly Rundown: Three Court Rulings Raise Compliance Risks For Employers

The full Fifth Circuit agreed to revisit a major constitutional challenge to the Pregnant Workers Fairness Act (PWFA), raising policy and accommodation questions for employers.

United States Employment

PD

Phelps Dunbar LLP

The Class Action Weekly Wire – Episode 132: Key Developments In Wage & Hour Class And Collective / PAGA Representative Actions (Video)

Thank you, loyal blog listeners and readers, for our first podcast of 2026. I'm Jerry Maatman, a partner at Duane Morris, and joining me today on the Class Action Weekly Wire podcast series is my colleague and partner, Jennifer. Thanks so much for being here, Jen.

United States Employment

DM

Duane Morris LLP

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

These cases typically present numerous claimants, as well as significant monetary exposure.

United States Employment

DM

Duane Morris LLP

Welcoming All: Lessons From Filipino Traditions For Our Legal Community

As fall settled over Oregon and law firms geared up for year-end deadlines, Christmas quietly snuck in, at least if you ask any Filipino.

United States Employment

BS

Ballard Spahr LLP

New York Employers Must Act Quickly To Comply With The Trapped At Work Act

United States Employment

SS

Seyfarth Shaw LLP

Employment & Labor

United States Employment

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

The Thank You Note You Never Wanted

United States Employment

TE

The Employment Law Group

ERISA Litigation Update - January 2026

United States Employment

GP

Goodwin Procter LLP

New Year, New Rules: Key California Employment Law Updates For 2026

United States Employment

FL

Fennemore

The Rapid Expansion Of Mini-WARN Acts: New Legislation Proposes Federal Alignment

United States Employment

BT

Barnes & Thornburg LLP

'Tis The Season

United States Employment

FL

Foley & Lardner

AB 288: California's New Labor Law Could Pull Private Employers Into State Oversight

United States Employment

JM

Jeffer Mangels & Mitchell LLP

Some Place Or Another: Nevada Supreme Court Expands Reach Of Nevada's Luring Statute

United States Employment

LM

Littler Mendelson

Managing Employee Leave & Accommodations In 2025: A SHRM Webinar Recap

United States Employment

JW

Jones Walker

California Court Of Appeal Provides Practical Roadmap For Managing Overlapping PAGA Actions In Brown v. Dave & Buster's Of Cal., Inc.

United States Employment

KG

K&L Gates LLP

The DOL And DOJ Take Steps To Support ERISA Fiduciary Defendants At The Supreme Court

United States Employment

GL

Groom Law Group

Littler Lightbulb – November 2025 Employment Appellate Roundup

United States Employment

LM

Littler Mendelson

California Court Of Appeal Affirms Strict Jurisdictional Deadline For Appeals Of Labor Commissioner Decisions

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Circuit Split Deepens As Fifth And Sixth Circuits Deny Enforcement Of NLRB's Enhanced Remedies In Labor Cases

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

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Latest Videos

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Second Circuit Clarifies Standards For Religious Accommodations (Video)

BS

Bond, Schoeneck & King PLLC

The Class Action Weekly Wire – Episode 132: Key Developments In Wage & Hour Class And Collective / PAGA Representative Actions (Video)

DM

Duane Morris LLP

LaborSpeak: WARN Update – California's New Notice Requirements (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

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

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