#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more
On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more
The use of algorithmic software and automated decision systems (ADS) to make workforce decisions, including the most sophisticated type, artificial intelligence (AI), has surged in recent years. ...more
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more
Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more
In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more
A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more
On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more
The National Institutes of Health (NIH) announced on April 21, 2025, a significant change to the terms and conditions governing federal funding (the Notice) applicable to all NIH grants, cooperative agreements and other...more
Federal Investigation Found School District Discharged Teacher Because of Age - FRESNO, Calif. – The Washington Unified School District, located in Fresno, Calif., settled a federal charge of age discrimination filed with...more
Nonprofit Settles Federal Lawsuit Alleging It Fired an Older Worker While She Was on Medical Leave and Replaced Her With Younger, Less-Qualified Employees - WASHINGTON – Northern Virginia Surgery Center, LLC (NVSC), which...more
Federal Agency Charges Car Manufacturer and Labor Union Denied Sickness and Accident Benefits to Older Workers - BEDFORD, Ind. – General Motors (GM) and the international union of United Auto Workers violated federal law...more
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more
Federal Agency Charged Employee Was Forced to Resign After She Was Told to Not Hire Women, Blacks and Older Workers for Construction Industry Jobs - MINNEAPOLIS – TKO Construction Services, a staffing company that provides...more
The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Shoots Down $15 Per Hour Contractor Minimum Wage Rule...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
A private equity (PE) firm’s primary objective is to generate returns on its investments. When a PE firm acquires a portfolio company (PortCo), one way the PE firm increases its returns is by making employment-related...more
Federal Lawsuit Says Recreational Gear Company Fired Employee After He Complained About Age Discrimination - DENVER – Amer Sports Winter & Outdoor Company, a recreational gear company headquartered in Utah with employees...more
Agency Files First Cases Enforcing Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it filed 110 lawsuits challenging unlawful employment...more
Federal Suit Charges Manager Wrongly Assumed Worker Was Too Old and Disabled - SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a...more
Federal Agency Charged Daytona Beach Seafood Restaurant Unlawfully Terminated Employee Because of Her Age - MIAMI – Divine Boiling Group, LLC, doing business as Crab Knight, a family-style seafood restaurant in Daytona...more
Federal Agency Charges Medical Provider Fired Employee While She Was Recovering from Surgery and Replaced Her with Younger, Less-Qualified Co-Workers - WASHINGTON – Inova Surgery Center, LLC, which operates outpatient...more
Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more