Third Circuit rules that an employer’s passwords are not “trade secrets”
11/10/25
By: Shane Miller
Key takeaway
An employer’s passwords may protect valuable information, but the passwords themselves lack independent economic value and thus fail to qualify as “trade secrets” under the Defend Trade Secrets Act.
Understanding trade secrets
Trade secret misappropriation …
11/7/25
On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the …
11/5/25
In King v. UPS, decided on September 25, 2025, the United States Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a plaintiff’s race and age discrimination claims, as well as …
Ninth Circuit defines the “costs” associated with offers of judgment or settlement
11/5/25
In Alvarado v. Wal-Mart Associates, Inc., issued by the United States Court of Appeals for the Ninth Circuit on September 30, 2025, the court clarified the scope of awards under California Code of Civil Procedure Section …
Retention bonus does not constitute wages under the Massachusetts Wage Act
10/28/25
By: Jennifer L. Markowski and Emily Mayfield
On October 22, 2025, the Supreme Judicial Court of Massachusetts (“SJC”) ruled that an employee’s agreed-to retention bonus did not constitute “wages” under the Wage Act, M.G.L. ch. 149, § 148. The Wage …
Pay Transparency Act becomes even more transparent
10/28/25
By: Gaia T. Linehan
The 2023 Pay Transparency Act (the “Act”) has recently been refined by Governor Newsom to provide additional protections and clarity for employees.
Previously, the Act required employers to provide a pay scale for a position, but …
10/27/25
By: Sunshine Fellows
In a closely watched decision at the intersection of wage-and-hour law and class procedure, the U.S. Court of Appeals for the Third Circuit has resolved a question that had long divided district courts: can a Rule 23 …
Eastern District of Pennsylvania clarifies limits of workplace harassment and retaliation claims
9/11/25
By: Nick Franos
In Nyamu v. Merck & Co., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the employer, dismissing claims of retaliation and hostile work environment sexual harassment. The decision illustrates both the …
Third Circuit reverses class certification in insurance underpayment suit
9/3/25
By: Sean R. Riley
The Third Circuit Court of Appeals recently reversed the District Court for the Eastern District of Pennsylvania’s decision to certify two classes against an insurance carrier, holding that individualized issues predominated over common ones. See Drummond …
8/28/25
By: Mariam E. Grace and Daniel Parker Jett
On June 27, 2025, the California Civil Rights Council (“Council”), supported by California Civil Rights Department (“CRD”) staff, secured final approval for revisions to Title 2 of the California Code of Regulations. …
Intent over negligence: Sixth Circuit redefines employer liability for customer harassment
8/27/25
In a decision that could reshape how employers respond to harassment by non-employees, the Sixth Circuit in Bivens v. Zep, Inc. held that liability under Title VII requires more than negligence—it demands intent or near-certainty. This …
2025: A year of tumult for the National Labor Relations Board
8/25/25
For an agency which has existed for 90 years, it is safe to say that the year 2025 has been the most tumultuous for the National Labor Relations Board (“NLRB”). With four months remaining on …