Beachbody misclassified coaches as independent contractors, worker alleges in class-action lawsuit

The multilevel marketing company relies on an “in-person” sales exception that doesn’t apply to its business model, the complaint alleges.

By Emilie Shumway • May 26, 2023

First Citizens sues HSBC over departure of SVB bankers

The North Carolina bank accused a former SVB executive of helping HSBC, his new employer, incite a mass migration of talent and trade-secret information.

By Dan Ennis • May 23, 2023

EEOC issues guide to auditing AI for discrimination

The document cautions employers that they may be responsible for such tools even if designed and administered by a vendor.

By Kate Tornone • May 18, 2023

No end of COVID accommodations from end of public health emergency: EEOC

The agency cautioned employers against revoking COVID-related ADA accommodations without an individualized assessment.

By Caroline Colvin • May 17, 2023

Goldman Sachs to pay $215M to settle gender discrimination case

The Wall Street giant will engage an independent expert to review performance evaluation and pay practices to check for gender pay gaps.

By Rajashree Chakravarty • May 10, 2023

Whiting-Turner settles EEOC suit for $1.2M

The firm allegedly segregated workers into all-Black crews run by White supervisors who harassed them with racial slurs at a $600 million Google data center project.

By Joe Bousquin • May 8, 2023

Deal with non-solicitations now, noncompetes later, as FTC ban looms

Even if the Federal Trade Commission proposal is finalized, there will be court challenges. In the meantime, employer-to-employer agreements can face civil and criminal risk right now.

By Robert Freedman • May 5, 2023

Honda’s temporary revocation of remote work from recruiter wasn’t FMLA retaliation, 6th Cir. says

The change didn’t rise to the level of a materially adverse action because it was made to accommodate training and didn’t result in any economic loss, the panel held.

By Laurel Kalser • May 4, 2023

Executives acquitted in DOJ no-poach lawsuit

Hiring between the executives’ companies was commonplace during the alleged agreement, so it wasn’t a market allocation agreement as a matter of law, the judge said. 

By Ryan Golden • May 3, 2023

FTC’s Khan cites growing reach of noncompetes as a spark for ban idea

The agency’s chair also highlighted that innovation has not been stifled in states such as California which prohibit noncompetes.

By Lyle Moran • May 3, 2023

What does feds’ latest caution on AI mean for employers?

Last week’s statement from four agency heads showed a “united federal intent” to address growing AI adoption, a Littler Mendelson attorney said.

By Ryan Golden • May 2, 2023

California considers expanding layoff protections to contractors

Proposed amendments to the state’s WARN Act would also extend the notice period from 60 to 90 days and target the use of severance-style agreements.

By Lyle Moran • April 24, 2023

Proposal to ban noncompetes draws backlash from business, support from workers

The comment period on the proposed ban closed April 19, with commenters having registered thousands of mixed reactions.

By Ginger Christ • April 24, 2023

SCOTUS may redraw religious accommodation line under Title VII

Counsel for a former USPS worker said the court could adopt a “significant-difficulty-or-expense” test in place of existing precedent.

By Ryan Golden • April 19, 2023

How Starbucks has responded to spike in workplace complaints

The coffee giant has more closely scrutinized whether employee reports necessitate a full-blown investigation and also prioritized training.

By Lyle Moran • April 17, 2023

Hooters franchisee settles DOJ claim that it refused worker’s I-9 documentation

The company must pay a penalty, provide back pay and train staff on the law’s requirements.

By Carolyn Crist • April 14, 2023

Ex-HR director sues Honeywell for ‘sabotaging’ his job, age discrimination

The plaintiff, who joined Honeywell at age 55, alleged he was treated differently than younger employees.

By Ryan Golden • April 13, 2023

NLRB: Unfair labor practice charges, union petitions on the rise

FY 2023 is on track to record the second-largest increase in filings since FY 1959.

By Ginger Christ • April 11, 2023

California bill would ban most criminal background checks

The legislation’s proposed changes “would more or less upend the ordinary hiring process for just about every employer in California,” according to Littler attorneys.

By Laurel Kalser • April 6, 2023

Using a disciplinary matrix to tie compensation to compliance

A good way to earn DOJ cooperation credit is to be clear on paper what violations will result in a pay reduction or clawback, a Morgan Lewis partner says. 

By Robert Freedman • April 6, 2023

Bill would up overtime threshold to $45K — and eventually $75K

The federal legislation would eventually ensure 55% of all salaried employees are eligible for overtime, according to its sponsor.

By Emilie Shumway • April 5, 2023

Pay caps were target in DOJ’s Activision settlement

Esports salaries can be in the six figures but careers tend to be short and the restraint on earnings was imposed on players without their input, according to DOJ.  

By Robert Freedman • April 4, 2023

Jury can hear Under Armour case of employee allegedly fired for complaining about manager’s striptease

A jury can decide if Under Armour is guilty of retaliatory firing of an employee and negligent retention of her supervisor.

By Ginger Christ • March 31, 2023

New York advances bill requiring employers to report worker race, gender data

The bill would allow employees and investors to hold companies accountable to stated DEI commitments and make decisions in keeping with their values, according to a provision in the measure.

By Laurel Kalser • March 31, 2023

Attorneys could face disbarment for noncompetes under California bill

The legislation would also cover the presenting or enforcing of non-solicitation and some other agreements, complicating the calculus for in-house lawyers.

By Robert Freedman • March 31, 2023