News & Analysis

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.

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

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.

The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act.