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…

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…

Can DEI Training Create a Hostile Environment?

The Second Circuit’s recent reversal of summary judgment, reviving a claim by a Caucasian educator that mandatory DEI training created a hostile work environment at the New York City Department of Education, adds to…

Religion in the Workplace Under the Trump EEOC

On September 15, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) entered into a settlement with P. F. Chang’s following a former job applicant’s claim that he was not hired due to a religious…