By now, you’ve likely seen coverage of the Missouri Attorney General’s lawsuit challenging Starbucks’ DEI initiatives. The opinion’s value lies in its doctrinal clarity. It illustrates how established discrimination law applies when DEI-related practices are challenged — and what employers should consider to reduce legal risk when designing and…
A manager allegedly makes racially inappropriate jokes. Months later, the company eliminates a position in a nationwide cost-cutting initiative and reduces an employee’s hours. So she sues for race discrimination, retaliation, and hostile work environment. But she loses. TL;DR: The Eleventh Circuit affirmed summary judgment after a nationwide restructuring…
If your FLSA exemption strategy depends on a minimum one- or two-day guarantee, this decision should get your attention. The Fifth Circuit just rejected that structure under the statute’s salary-basis test. TL;DR: To qualify for the executive, administrative, or professional exemption under the Fair Labor Standards Act (FLSA), an employee…
The job requirements were… a lot: craft-beer exams, choreography, flair tricks, social media posts, and a “weight proportional to height” standard. Oh, and a mechanical bull. Eighteen longtime bartenders said the whole thing skewed younger. The court said their lawsuit had a more basic problem. TL;DR: A New Jersey appellate…
Many employers rely on hiring assessments to gauge fit. But what if those tools are viewed as unlawful lie detector tests? A recent Massachusetts ruling should give you pause before you rely on a “workstyle” assessment. TL;DR: A Massachusetts federal court denied a motion to dismiss and allowed a putative…
Yesterday, the Department of Labor announced a new proposal on independent contractor classification. If finalized, the proposal would once again reshape how employers evaluate whether a worker is an employee or an independent contractor under federal law. TL;DR: The DOL’s proposal would rescind the 2024 independent contractor rule and…
A federal court recently rejected an attempt to force a litigant to turn over information about her use of ChatGPT in a pending employment lawsuit. Yes. Information about her AI use. In a civil case, one side moved to compel “all documents and information concerning [the plaintiff’s] use of…
A single slur can sink an employer. It can also survive summary judgment. Two recent federal decisions show why context — especially who said it and how — still controls. TL;DR: Two federal courts held that a single use of a slur was not enough to get a hostile work…
At the British Academy Film Awards – better known as the BAFTAs, the U.K.’s version of the Oscars – a man with Tourette’s Syndrome interrupted the ceremony while actors Michael B. Jordan and Delroy Lindo were presenting an award, shouting a racial slur. That public moment raises a workplace question:…
Two arguments show up in almost every termination lawsuit: that the employer’s reason changed, and that it didn’t follow its own policy. The Eleventh Circuit recently explained why neither argument, without more, is enough to get a case to a jury. TL;DR: In a recent Eleventh Circuit decision, the…