Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Everyone's an Influencer Now (Including Your Employees)

The workplace keeps finding new ways to blur the line between "job" and "personal life," and the latest entrant is the employee-turned-brand-ambassador. Companies have spent years courting outside influencers to hawk…

Navigating New York’s Personnel File Law: What Employers Need to Know

New York has long treated personnel files as employer property, unlike a number of states that provide employees a statutory right to review their own files. That’s about to change. In the 2025–2026 legislative…

The Second Circuit Joins the Party: Provencher v. Bimbo Foods Closes the Door on Out-of-State FLSA Opt-Ins

The Second Circuit has officially weighed in on a long-running jurisdictional dispute in wage and hour litigation, and it’s good news for employers. In Provencher v. Bimbo Foods Bakeries Distribution LLC, No.…

The Algorithm Ate My Residency (And Other Stories for Employers)

Employers using AI-powered tools to screen, rank, or normalize job applicants face significant and growing litigation risk—particularly when they cannot explain how algorithmic decisions are made. A recent incident…

When Performance Management Meets Age Bias Claims: Lessons From Chreky v. University of Pittsburgh Physicians

Health care executives often struggle to address declining performance in their long tenured or late career physicians. There is the delicate issue of physician pride and ego. In addition, physicians may not be…