At least five circuit courts have held that when “the alleged discrimination is against a member of the majority”1 (referred to as “reverse discrimination”), Title VII claims must be supported by evidence of “background circumstances.”
A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
The Ninth Circuit might consider whether an entertainment employer’s First Amendment rights provides a strong enough defense in an employment dispute involving off-duty social media posts.
On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit revived a class action under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
On August 23, 2024, the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees must be paid under the Fair Labor Standards Act (FLSA).
The 3d Circuit upheld a decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment.
It will be interesting to see whether the principles of Jarkesy will apply such that complaints initiated by other federal agencies will entitle employers to a trial in federal district court.
