News & Analysis as of

Appellate Courts Employment Litigation

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit clarifies overtime liability: Employer knowledge is still required

The U.S. Court of Appeals for the Fifth Circuit recently reaffirmed that employers are not liable for unpaid overtime under the Fair Labor Standards Act unless they have actual or constructive knowledge that an employee...more

Robinson & Cole LLP

Legal Update: Minutes Matter: Connecticut Supreme Court Requires Pay for Post-Shift Security Screenings and Rejects De Minimis...

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On February 10, 2026, the Connecticut Supreme Court ruled in Del Rio v. Amazon.com Services, Inc., 354 Conn. 151 (2026), that, under Connecticut’s wage and hour laws, Amazon’s warehouse employees must be compensated for time...more

Littler

Littler Lightbulb – January 2026 Appellate Roundup

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Ninth Circuit Reverses District Court and Finds Production Company Not Liable Under the Multiemployer Pension Plan Amendments Act: Nev. Resort Ass'n Int'l All. of Theatrical Stage Emps. v. JB Viva Vegas, LP, __ F.4th __...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Delaware Supreme Court Says Employer Can Enforce Restrictive Covenants After Revoking Ex-Employee’s Equity

On February 3, 2026, the Supreme Court of the State of Delaware ruled that restrictive covenants are enforceable if there is sufficient consideration at the time of contract formation, regardless of whether that consideration...more

Seyfarth Shaw LLP

Federal Contractor EEO‑1 Reports Set for February Release After FOIA Litigation

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Following the Ninth Circuit’s July 2025 decision holding that EEO‑1 workforce data is not protected “commercial” information under FOIA Exemption 4, and the court’s subsequent December 29, 2025 mandate requiring the...more

Constangy, Brooks, Smith & Prophete, LLP

Decision regarding New Jersey’s Earned Sick Leave Law provides much-needed guidance

Since 2018, New Jersey employees have been entitled to paid sick leave pursuant to New Jersey’s Earned Sick Leave Law. But guidance from the courts on interpreting the law has been sparse. On January 28, however, New...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

Jackson Lewis P.C.

DOL to Release EEO-1 Reports Following Ninth Circuit Ruling

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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 the temporary stay that has...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

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In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Constangy, Brooks, Smith & Prophete, LLP

Release of contractors’ EEO-1 Reports is imminent

After years of wrangling, the end is nigh. The U.S. Department of Labor has agreed to release EEO-1 Report data by February 25. How did we get here? As we previously reported, the Center for Investigative Reporting...more

Whiteford

Employment Law Update: Fourth Circuit Reinforces ADA’s “Qualified Individual” Requirement in Remote Work Dispute

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The U.S. Court of Appeals for the Fourth Circuit recently issued a decision in Haggins v. Wilson Air Center, LLC that offers valuable guidance for employers navigating disability accommodation requests, particularly those...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects First Amendment Claims From Teacher Who Declined to Use Students' Preferred Pronouns

Unlike private sector workers, government employees enjoy certain constitutional protections while at work, including free speech rights under the First Amendment. The extent of those rights has been the subject of countless...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

As Flu Season Surges, Fourth Circuit Offers Guidance on Vaccine Mandate Litigation

May an employer ask an employee about his or her vaccination status? And may the employer then take an adverse employment action based on that status? ...more

Amundsen Davis LLC

Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims

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In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more

Ervin Cohen & Jessup LLP

Employment Arbitration Agreement Rollout During Class Action Backfires in Federal Court Case

While precedential for federal cases only, the Ninth Circuit’s recent decision in Avery v. TEKsystems, Inc. offers a pointed reminder to California employers that rolling out new mandatory arbitration agreements in the middle...more

Berkshire

Recent Pay Equity Decision Includes Good Reminders for All Employers

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A recent federal appeals court’s decision in Cheryl Lane & Adrienne Hause v. Stericycle, Inc., No. 24‑1570 (7th Cir. Dec. 23, 2025) highlights risks employers face when defending against pay discrimination claims brought...more

Hinshaw & Culbertson - Employment Law...

What is Considered Compensable Work Time Under the Fair Labor Standards Act?

In a significant decision for employers–particularly those that rely on staffing agencies, labor halls, or mobile workforces–the Eleventh Circuit recently clarified important limits on what qualifies as compensable work time...more

Laughlin, Falbo, Levy & Moresi LLP

Hernandez and the Ever-Growing Going and Coming Rule

Over the years, the “Going and Coming Rule” has often been defined more by its exceptions than by the rule itself. The rule states that an injury occurring off the employer’s premises during an employee’s normal commute to or...more

Seyfarth Shaw LLP

Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object to an Untimely Trial Date

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There is truth to the proverb that “a closed mouth catches no flies.” In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026), the defendants sat silent when the trial court set a...more

Cole Schotz

Court Clarifies Statute of Limitations and Scope of Discovery in New Jersey Pay Equity Suit, Highlighting Importance of Conducting...

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In Affrunti v. Reed Smith LLP, Sherri A. Affrunti (“Affrunti” or “Plaintiff”), a former non-equity partner, brought suit alleging violations of the New Jersey Diane B. Allen Equal Pay Act (the “Equal Pay Act”). The Mercer...more

Poyner Spruill LLP

Fourth Circuit Continues to Define Limits of “Qualified Individual” Status Under ADA

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The Americans with Disabilities Act (ADA) protects “qualified individuals” with a disability from job discrimination, and imposes upon employers the duty to reasonably accommodate such individuals. But what happens when, even...more

Seyfarth Shaw LLP

No Free Rides: Eleventh Circuit Upholds Deductions, and Rejects Wait-Time Claims, for Employer-Provided Vans

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In one of its final rulings of 2025, the Eleventh Circuit in Villarino v. Pacesetter Personnel Services, Inc. affirmed summary judgment in favor of a staffing agency, rejecting minimum wage and compensation claims tied to...more

Sheppard Mullin Richter & Hampton LLP

Certification Crossroads: Supreme Court Declines Review, Deepening Circuit Split on Opt-In Standards for FLSA and ADEA Class...

On January 12, 2026, the U.S. Supreme Court declined to address a deepening circuit split about the process for certifying collective class actions under the Age Discrimination in Employment Act (“ADEA”) and the Fair Labor...more

Ervin Cohen & Jessup LLP

PAGA Standing Remains a Matter for the Courts Even After Arbitration

In light of the 2024 Private Attorney General Act (“PAGA”) Reforms, which now require an employee to have personally suffered a labor law violation to bring a PAGA claim, the California Court of Appeal recently addressed a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indefinite Leave and Remote Work? When Accommodations Are Not Reasonable

Navigating reasonable accommodations under the Americans with Disabilities Act (ADA) and related state laws can be challenging for employers—particularly on the thorny issues of leave and remote work. The U.S. Court of...more

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