Labor & Employment Developments Blog

A recent $24.75 million class action settlement in Lawson v. Grubhub, Inc., marks yet another milestone in the ongoing debate over gig-economy worker classification. This settlement serves as a reminder to companies of all sizes that how they classify workers can carry significant legal and financial consequences.

Case Overview

Grubhub recently settled a decade-long class action lawsuit in California, in which a former delivery driver accused it of misclassifying him as an independent contractor rather than an employee. After years of litigation, including multiple appeals ...

Social media has become an unavoidable part of society and an unavoidable issue in the workplace. While online posts may seem personal, a single tweet, post, or comment can quickly escalate into a workplace issue. With more than 70% of Americans active on at least one social media platform, employers should ensure their social media policies are carefully drafted to protect business interests while preserving employee rights.

Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor specializing in financial management and human capital management, violated federal discrimination laws. In the lawsuit, the plaintiffs claim Workday’s AI hiring platform screens out applicants over age 40 in violation of the Age Discrimination in Employment Act (“ADEA”).

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not from a co-worker, but from a company’s customer or other non-employee? In a decision announced last week, the 6^th Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) announced a new framework for reviewing these claims, one which conflicts with official agency guidance and other courts across the country.

Bivens v. Zep, Inc. involved claims ...

From resume screening bots to AI tools that assess facial expressions in interviews, artificial intelligence is rapidly changing how employers make decisions about candidates and employees. Artificial intelligence (AI) and automated decision systems (ADS) are reshaping the entire employment lifecycle, from the moment a job posting goes live to the day of separation.

On July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” into law. Among its sweeping provisions are two significant changes for wage and hour compliance that employers should be aware of: the creation of federal income tax deductions for employee tips and certain overtime compensation. Both changes are poised to impact businesses and workers beginning in the 2025 tax year and lasting until 2028

On May 20, 2025, the Occupational Safety and Health Administration (OSHA) updated its Site-Specific Targeting (SST) inspection program. The SST inspection program is OSHA’s primary planned inspection initiative for non-construction workplaces with 20 or more employees. The updates are expected to increase on-site inspections in highly regulated sectors, such as warehousing, transportation, distribution, and healthcare. For non-construction workplaces, this update marks a significant shift in how OSHA prioritizes enforcement, relying more heavily on employer-reported injury and illness data or the lack thereof.

Immigration enforcement by United States Immigration and Customs Enforcement (ICE) has recently increased. Taking a proactive approach could help employers prepare to face immigration enforcement actions, such as raids or I-9 audits, and mitigate employer risks. The first step is for employers to understand and familiarize themselves with the differences between ICE audits and raids.

On January 20, 2025, President Trump issued Executive Order 14159 ”Protecting the American People Against Invasion,” directing the Department of Homeland Security (“DHS”) to ensure that foreign nationals comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (“INA”), and providing that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.

Under the INA, all foreign nationals 14 years of age or older who were not registered and fingerprinted ...

On March 19, 2025, the Equal Employment Opportunity Commission and Department of Justice issued guidance addressing unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace. Although DEI is not defined in Title VII of the Civil Rights Act of 1964, it has recently come under significant scrutiny. This guidance was released two days after the EEOC sent correspondence to certain large law firms requesting information regarding DEI-related employment practices.