Labor Days

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

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling…

AAA Issues New Rules Broadening the Powers of Arbitrators and Scope of Arbitration

The American Arbitration Association (AAA) announced new rules that went into effect May 1, 2025. The new rules revise both their consumer arbitration and employment arbitration sets. The purpose of the rule change was…

EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24,…

The New York State Legislative Push for Minimum Review Periods in Severance Agreements

Employers are already familiar with the age-related requirements of federal law applicable to an employee’s release of claims if the employee is 40 or older: they have up to 21 days to consider the release, and seven…

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion ("DEI") initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173…