Labor Days

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

Is DEI Still Standing? Moving Forward with Diversity

It’s been over a year since the Supreme Court's June 2023 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), prompting employers nationwide to brace for potential legal…

Through the Looking-glass: Massachusetts Adds a New Tint to Pay Transparency Laws

The wave of state laws requiring employers to transparently disclose salaries, hourly rates, and benefits for the world to see—a policy aimed at putting more information (read, power) in the hands of workers—now…

New Jersey Supreme Court Rules that Non-Disparagement Clauses Violate #MeToo Law

In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more…

How does the Supreme Court’s Muldrow Decision Affect Title VII Lawsuits?

A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an…

Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the…