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 …
Employers receiving federal funds face renewed scrutiny of DEI and anti-bias programs
8/7/25
On July 29, 2025, Attorney General Pam Bondi issued a memorandum to federal agencies accompanied by new guidance addressing how recipients of federal funding must comply with anti-discrimination laws. While the message is framed broadly, it …
7/31/25
By: Emaan Ali Bangash and Robert Chadwick
With the Astronomer CEO Coldplay kiss cam scandal taking the internet by storm, employers should take a good hard look at their workplace romance policies. Though most employers have anti-harassment policies, these policies …
Trump moves to restore quorum on National Labor Relations Board
7/23/25
President Donald J. Trump has formally nominated Scott Mayer and James Murphy to fill the two vacant Republican seats on the National Labor Relations Board (“NLRB”), sending their names to the U.S. Senate for confirmation. These …
7/18/25
By: Emily R. Muzyka
Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (also known as the CHOICE Act), has gone into effect as of July 1, 2025. The Act provides for non-competition periods of up to four (4) …
7/16/25
By: Shane Miller
If an employee misses work for a medical reason, a prudent employer should pause to consider if the absence may be protected by the Family and Medical Leave Act (FMLA). The employer should be cautious about taking …