Employment Law


  • Signage for The Beachbody Company is seen outside the New York Stock Exchange in New York, NY, on June 28, 2021.
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    Andrew Kelly/Reuters

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    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
  • Silicon Valley Bank logo
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    Justin Sullivan via Getty Images
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    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
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/Legal Dive
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    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
  • A sign marks the location of the U.S. Equal Employment Opportunity Commission's Local Office in Savannah, Georgia on September 17, 2022.
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    Ryan Golden/Legal Dive
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    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
  • image of Goldman Sachs logo on wall with red background.
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    Michael M. Santiago/ via Getty Images
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    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
  • A gavel rests on a book about employment law.
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    iStock / Getty Images Plus via Getty Images
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    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
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    Tanaonte via Getty Images
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    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 May 5, 2023
  • Honda's sign appears on the outside of a building.
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    Matt Cardy / Stringer via Getty Images
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    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
  • The Department of Justice in Washington, D.C.
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    Drew Angerer via Getty Images
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    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 chair
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    Anna Moneymaker / Staff via Getty Images
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    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 May 3, 2023
  • A photo of the White House.
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    PorqueNoStudios/iStock via Getty Images
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    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
  • The California State Capitol building at dusk.
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    rschlie via Getty Images
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    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 April 24, 2023
  • Federal Trade Commission
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    Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.
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    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
  • Branches slightly obscure the facade of the U.S. Supreme Court building April 07, 2023 in Washington, DC
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    Chip Somodevilla via Getty Images
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    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
  • The exterior of a Starbucks store in Plainview, New York
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    Bruce Bennett/Staff via Getty Images
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    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 April 17, 2023
  • The Justice Department building on a foggy morning in Washington, DC.
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    Samuel Corum/Getty Images via Getty Images
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    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
  • A Honeywell sign is displayed June 28, 2001 outside their offices in Murray Hill, NJ.
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    Spencer Platt via Getty Images
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    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
  • Picket signs can be seen in front of a UCLA sign.
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    Mario Tama via Getty Images
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    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
  • The California statehouse
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    The image by Jimmy Emerson, DVM is licensed under CC BY-ND 2.0
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    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
  • DOJ
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    Anna Moneymaker / Staff via Getty Images
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    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 April 6, 2023
  • Sen. Sherrod Brown is seen during a committee hearing.
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    Drew Angerer/Getty Images via Getty Images
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    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
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    Ethan Miller via Getty Images
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    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 April 4, 2023
  • Shoppers walking by an Under Armour store.
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    Cara Salpini/Legal Dive
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    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
  • The exterior of the New York State Capitol in August 2021 in Albany, New York.
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    Michael M. Santiago/Getty Images via Getty Images
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    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 March 31, 2023