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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Proskauer - Law and the Workplace

The Long Arm of FLSA Retaliation: Lessons from the Ninth Circuit’s Decision in Hollis

The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision. Modeled after the anti-retaliation provisions in other New Deal legislation, including the...more

Proskauer - Labor Relations Update

Updated: Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit; the Court Says No.

We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. ...more

Proskauer - California Employment Law

Employee Was Wrongfully Terminated After Failing Polygraph Test

Steven McDoniel was employed by Kavry Management as an “assistant grower” at its licensed marijuana growing facility in Adelanto, California. After $70,000 in cash and marijuana were stolen from the storage room, employees...more

Proskauer - California Employment Law

“Headless” PAGA Claim May Proceed

This case involves the (much-litigated) issue currently pending before the California Supreme Court in Leeper v. Shipt, Inc., 107 Cal. App. 5th 1001, rev. granted (2025): Does the version of PAGA in effect from 2016 to...more

Proskauer - California Employment Law

Employees Can Proceed With Age Discrimination Claims

Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of...more

Proskauer - California Employment Law

November 2025 California Employment Law Notes

We invite you to review our newly-posted, November 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Proskauer - California Employment Law

COVID-19 Religious Discrimination Claim Was Properly Dismissed

Sherry M. Detwiler worked as a privacy officer and the Director of Health Information for a hospital (Mid-Columbia Medical Center) from September 2020, until her employment was terminated in December 2021. Detwiler is a...more

Davis Wright Tremaine LLP

Expanded Screening and Vetting for H-1B and H-4 Visa Applicants – Employers Should Anticipate Travel Disruptions and Delays

The U.S. Department of State has imposed alarming delays on visa processing, causing H-1B employees and their family members to be stranded outside the United States....more

Foley & Lardner LLP

The Auto Industry’s Talent War: Winning the Race for Skilled Workers

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For over a century, the automotive sector was defined by mechanical engineering, fabrication, and assembly line mastery. But today, the industry is undergoing a technological transformation so profound it is rewriting the DNA...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Shift to Targeted Enforcement of Non-Competes in the Healthcare Industry

Earlier this Fall, the Federal Trade Commission (the “Commission” or the “FTC”) officially ceded its fight to impose a nationwide ban on employee noncompete agreements (the “Noncompete Ban”). Originally championed in May...more

Hinshaw & Culbertson - Employment Law...

[Day 3] 12 Days of California Labor and Employment: 2025 Year in Review

The end of something is always the beginning of something else. That always rings true for years’ end and new employment laws. It is time, once again, for all employers to sit down, buckle up, and get ready for the 2026...more

Phelps Dunbar

Court Rules President Can Remove NLRB and MSPB Members: What’s Next for Independent Agencies and Labor Disputes?

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A new court decision may mark a turning point in the modern administrative state. In Wilcox v. Trump, consolidated with Harris v. Bessent, the United States Court of Appeals for the D.C. Circuit held that the president may...more

Littler

Littler Lightbulb – November 2025 Employment Appellate Roundup

Littler on

Eighth Circuit Vacates NLRB Ruling and Allows Company Prohibition of BLM Logo on Company Uniform - Home Depot v. NLRB, ___ F.4th ___ (8th Cir. Nov. 6, 2025), involved an appeal of a National Labor Relations Board (NLRB)...more

Akerman LLP

Can Employers Tell Pro-Union Workers to Leave? Fifth Circuit Considers the Limits Under the NLRA

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Is an employer's comment to a pro-union employee that “if you're not happy at the company, you can go work for another company” an illegal threat under the National Labor Relations Act (NLRA)? The Fifth U.S. Circuit Court of...more

Epstein Becker & Green

“Fair Chance” Updates: Philadelphia Employers Soon Face New Screening Restrictions

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On October 8, 2025, the Mayor of Philadelphia signed into law amendments (“Amendments”) to the city’s Fair Criminal Record Screening Standards Ordinance, commonly known as Philadelphia’s Fair Chance law....more

Berkshire

New York City to Mandate Race and Sex Pay Data Reporting

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The New York City Council voted to override Mayor Eric Adams’ veto of a new law that will require private employers to report pay data by race, ethnicity, and sex. This move positions New York City at the forefront of pay...more

Akerman LLP

Beyond Pretext: Why the Whole Picture Matters in Eleventh Circuit Employment Cases

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The Eleventh Circuit has further downplayed the importance of the lock-step McDonnell Douglas framework for evaluating summary judgment in employment discrimination and retaliation claims, in its latest decision in Ismael v....more

Epstein Becker & Green

EEOC Escalates Enforcement Against DEI Policies

Epstein Becker & Green on

On November 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it was asking a federal court to compel a private employer to disclose details about its diversity, equity, and inclusion (DEI)...more

Morgan Lewis

What’s New on Pay Transparency - Legal Insights Germany

Morgan Lewis on

In its judgment of 23 October 2025 (case reference: 8 AZR 300/24), the German Federal Labour Court (BAG) confirmed the “pair comparison” and thereby significantly facilitated equal pay lawsuits. The higher salary of a single...more

Hissey, Mulderig & Friend, PLLC

Serious Construction, Factory & Plant Accidents: What Injured Workers and Their Families Need to Know About Industrial Injury...

Serious accidents at construction sites, industrial factories, manufacturing facilities, refineries, and power plants are among the leading causes of catastrophic workplace injuries in the United States....more

Ropes & Gray LLP

[Podcast] Non-Financial Misconduct Miniseries: Episode 2 – Employment Law Implications of the FCA’s New Rules

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In episode two of Ropes & Gray’s Non-Financial Misconduct Miniseries, Amanda Raad, co-leader of the firm’s crisis management and global risk practices, and litigation & enforcement senior attorney Sarah Lambert-Porter are...more

Fisher Phillips

Appeals Court Greenlights Presidential Removal of NLRB Officers: 3 Steps For Employers

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The President has the authority to remove National Labor Relations Board (NLRB) Members at will, a federal appeals court just affirmed, tossing aside the removal protections in the National Labor Relations Act that has...more

Holland & Knight LLP

U.S. Consulates Delay H-1B and H-4 Visa Appointments for New Vetting Protocol

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The U.S. Department of State is expanding its review of H-1B and H-4 visa applicants' online presences, and U.S. consulates have started canceling and rescheduling visa appointments scheduled on or after Dec. 15, 2025, when...more

Fisher Phillips

College Athletes Release Model CBA Framework – What Could This Mean For Universities?

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With most of the country’s focus on who was snubbed by the College Football Playoff Selection Committee, college athletics reached another inflection point on Monday with the release of Athletes.org’s first-ever draft...more

Verrill

Five Golden Rings… and Compliance Rules Worth Their Weight in Gold

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Bonuses, commissions, profit-sharing, and other incentive programs are powerful tools for motivating employees and rewarding performance. But like those coveted golden rings, they come with rules attached. Mishandling...more

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