This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
On January 15, 2025, the U.S. Supreme Court ruled that disputes over the applicability of overtime exemptions under the Fair Labor Standards Act (FLSA) are governed by the preponderance-of-the-evidence standard.
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s cannabis law.
11th Circuit holds Title IX does not provide plaintiffs with a private right of action for employment-based sex discrimination, explains that Title VII governs such claims, and clarifies scope of protected activity under Title IX.
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.