Whistleblower retaliation claims brought under California Labor Code section 1102.5 should be evaluated using the evidentiary standard set forth in Labor Code section 1102.6, rather than the more […]
NLRB Proposes New Joint Employer Standard
Summary On September 6, 2022, the National Labor Relations Board (“NLRB”) released a Notice of Proposed Rulemaking that would rescind and replace the joint-employer rule that took effect […]
Divide Emerges Between Circuit Courts of Appeal Regarding the Standard for Issuing Notice to “Potential Plaintiffs” in FLSA Collective Actions
Summary The Fair Labor Standards Act of 1938 (“FLSA”) includes a collective-action mechanism that allows courts to direct that notice be sent to individuals who are “similarly situated” […]
NLRB Modifies Standard For Evaluating Independent Contractor Classification Under the National Labor Relations Act
On June 13, 2023, the National Labor Relations Board (“NLRB”) announced its highly anticipated decision in The Atlanta Opera, Inc., which addresses the classification of workers as employees […]
NLRB Reinstates Narrower Joint-Employer Standard First Implemented During President Trump’s First Term
Summary On February 25, 2026, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule for determining joint-employer status (“2026 Rule”) under the National Labor Relations […]
Supreme Court Clarifies Standard for Showing Harm Under Title VII
On April 17, 2024, the U.S. Supreme Court found that a Title VII plaintiff need only show they suffered “some harm” in an identifiable term or condition of […]
7th Circuit Changes Standard for Notice of Proposed Collective Actions
On August 5, 2025, in Richards v. Eli Lilly & Co., No. 24-2574, 2025 WL 2218500 (7th Cir. Aug. 5, 2025), the United States Court of Appeals for […]
Seventh Circuit Rejects Lenient Two-Step ‘Lusardi’ Standard for FLSA/ADEA Collective Action Notice| Law.com
The Seventh Circuit Court of Appeals recently issued a significant ruling for employers facing Fair Labor Standards Act (FLSA) and Age Discrimination in Employment Act (ADEA) collective actions. […]
Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims — Justia News — June 9, 2025
One of the main laws prohibiting discrimination in the workplace is Title VII of the Civil Rights Act of 1964. It bars covered employers from discriminating based on […]
ABA Council Extends Suspension of DEI Standard Until 2026
The American Bar Association voted Friday to extend the suspension of the enforcement of Standard 206, which had required schools to commit to diversity and inclusion, until Aug. […]