Employment Law Letter

The 2026 Carlton Fields Class Action Survey—which surveys hundreds of general counsel and senior legal officers at major companies—has been released. The survey shows that labor and employment class actions remain a...

On March 26, 2026, President Donald J. Trump issued the “Addressing DEI Discrimination by Federal Contractors” Executive Order (EO) and a White House fact sheet. The EO continues the administration’s efforts to eliminate...

In a significant decision, the U.S. 6th Circuit Court of Appeals (whose rulings apply to employers in Midsouth states Kentucky and Tennessee, as well as Michigan and Ohio) has recently held that a single sexual...

A three-judge panel from the U.S. Court of Appeals for the 6th Circuit recently held 2 to 1 that the National Labor Relations Board’s (NLRB) Cemex bargaining order framework was improperly established through the NLRB’s...

A pro se litigant is one who represents themselves. And they populate the employment discrimination landscape. Here’s a new case won by a pro se along with thoughts on why you’ll be dealing with more pro se (self...

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain family and medical leave matters under the Family and Medical Leave Act (FMLA). As with other opinion...

Arbitration agreements can generally preclude class actions, but parties often agree to resolve arbitrations involving hundreds of people by streamlined processes. This is sometimes known as a bellwether process, where...

The following case combines two very common factual situations. One is when an attorney inadvertently receives privileged communications from the other side; the lawyer is under a clear ethical obligation to return it...

The National Labor Relations Board (NLRB) has taken action to return to a more definite joint employer framework tied primarily to the exercise of substantial, direct, and immediate control. This framework reshapes how...

Many business disputes are effectively lost long before a lawsuit is ever filed. With only 24 hours in a day and constant operational demands competing for attention, business owners frequently postpone addressing...

The recent U.S. military engagement in the Middle East, as well as significant domestic deployments in multiple large cities in 2025 and 2026, underscores the increasing reliance on National Guard and reserve forces...

It is not uncommon for companies to host networking or mentorship events focused on supporting female employees. In fact, these types of events are often publicized by employers to show their efforts to provide an...

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best, and final offer unilaterally, but a...

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its Enforcement Guidance on Harassment in the Workplace. This is one of the first significant actions the EEOC has...

On February 26, 2026, the Department of Labor (DOL) published a proposed rule seeking to clarify the distinction between employee and independent contractor status under the Fair Labor Standards Act (FLSA). The new rule...