Labor Days

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

No Individual Claim, No Problem? The California Supreme Court Takes on Circuit Split on Headless PAGA Claims

The Private Attorneys General Act of 2004 (PAGA) grants private individuals the authority to sue on behalf of the state of California for employer violations of the California Labor Code. The primary purpose of PAGA is…

Trump Targets a Major Legal Theory of Discrimination

We all know what “intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect ? The U.S. Supreme Court invented a then-novel, and still somewhat…

New DEI Executive Order Signals New Potential Enforcement of The False Claims Act

President Trump recently issued Executive Order 14173 titled “ Ending Illegal Discrimination and Restoring Merit-Based Opportunity ” (“Order”). The Order broadly aims to eliminate diversity, equity, and inclusion…

NLRB Leadership in Flux: Chair Gwynne Wilcox’s Unprecedented Firing, a Quorum-Less Board, and Implications for Employers

President Trump wasted no time shaking up the labor and employment law landscape. As anticipated, Trump discharged NLRB General Counsel, Jennifer Abruzzo, a Biden appointee serving a four-year term. Abruzzo’s removal…

What Can the EEOC Do Without a Quorum?

In the first week of the Trump administration, along with a flurry of executive orders, the President appointed Andrea Lucas as the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”). Within days, he…