Labor and Employment

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Supreme Court Holds That A Title VII Plaintiff Challenging A Work Transfer Need Not Show “Significant” Harm

Today, the Supreme Court held that a Title VII plaintiff challenging a forced job transfer as discriminatory must show some harm from the transfer, but need not show that the harm was “significant,” “material,” or “serious.”

Client Alert | April 17, 2024

Supreme Court Holds That The Federal Arbitration Act’s Exemption For Transportation Workers Is Not Limited To Workers In The Transportation Industry

Today, the Supreme Court unanimously held that the applicability of the Federal Arbitration Act’s exemption for transportation workers in interstate commerce turns on whether a worker is a transportation worker, not whether they work in the transportation industry.

Client Alert | April 12, 2024

DEI Task Force Update (April 10, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | April 10, 2024

Jason Schwartz Co-Authors 2024 New Edition of “Whistleblower Law: A Practitioner’s Guide”

Washington, D.C. partner Jason Schwartz is the co-author of Whistleblower Law: A Practitioner’s Guide, Release 14.

Firm News | March 29, 2024

DEI Task Force Update (March 27, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | March 27, 2024

Forbes Names Three Gibson Dunn Partners Among America’s Top 200 Lawyers 2024

Forbes named Los Angeles partner Theodore Boutrous, New York partner Orin Snyder and Washington, D.C. partner Jason Schwartz to its inaugural America's Top 200 Lawyers 2024 list, “a collection of elite lawyers who have been involved in the most consequential recent cases, deals or legal trends.”

Firm News | March 26, 2024

DEI Task Force Update (March 13, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | March 13, 2024

Latest Labor and Employment Developments: Federal Court Vacates NLRB Joint Employer Rule; Overtime Rule Under Review at OIRA

In vacating the NLRB’s new 2023 joint employer rule, the Texas district court determined that the test set forth in the rule is contrary to the National Labor Relations Act.

Client Alert | March 12, 2024

Federal Courts Issue Opinions in Two Important DEI Cases

Gibson Dunn lawyers summarize recent decisions issued by U.S. federal courts in cases challenging DEI initiatives.

Client Alert | March 11, 2024

DEI Task Force Update (February 28, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | February 28, 2024

DEI Task Force Update (February 14, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | February 14, 2024

DEI Task Force Update (February 2, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | February 2, 2024

Law360 Names Gibson Dunn Among its 2023 Employment Practice Groups of the Year

Law360 named Gibson Dunn one of its four Employment Groups of the Year for 2023.  The firm was recognized for its work in helping “Amazon defeat class certification in a suit over home internet expenses” and scoring “a series of wins for gig economy companies.”

Firm News | January 30, 2024

Calif. High Court Ruling Outlines Limits On PAGA Actions

Los Angeles partner Bradley Hamburger, San Francisco associate Ryan Azad and Los Angeles associate Matt Aidan Getz are the authors of "Calif. High Court Ruling Outlines Limits On PAGA Actions" [PDF] published by Law360 on January 23, 2024. 

Article | January 23, 2024

Gibson Dunn Named a 2023 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2023, featuring the law firms that received the most Practice Group of the Year awards. 

Firm News | January 22, 2024

California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims as Unmanageable, But May Limit the Evidence a Plaintiff Can Present at Trial

The California Supreme Court today held that courts lack the inherent authority to strike PAGA claims on the ground that they cannot be tried manageably.

Client Alert | January 18, 2024

DEI Task Force Update (January 17, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | January 17, 2024

Top Labor and Employee Benefits Issues to Think About in M&A Deals

Our lawyers discuss the top labor and employee benefits considerations in M&A transactions.

Client Alert | January 17, 2024

Webcasts: Gibson Dunn’s Annual California MCLE Blitz – 2024

Key practitioners from our Los Angeles, Orange County, San Francisco, Washington, D.C. and Palo Alto offices hosted Gibson Dunn’s annual complimentary MCLE briefing which provides 8.0 hours of CLE credit, including specialty subjects such as Ethics, Elimination of Bias, and Competence Issues.

Webcasts | January 16, 2024

Department of Labor Releases Final Rule Revising Its Interpretation of Who Qualifies as an Independent Contractor Under the FLSA

The U.S. Department of Labor has released a final rule revising its interpretation of who qualifies as an independent contractor under the Fair Labor Standards Act (FLSA).

Client Alert | January 9, 2024

DEI Task Force Update (January 4, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | January 4, 2024

Steps for Colorado Employers to Consider in Light of New Laws Taking Effect in 2024

In light of the new employment laws, regulations, and programs that will go into effect in Colorado on January 1, affecting a broad range of employment issues, employers should review their employment policies and practices as they move into 2024.

Client Alert | December 29, 2023

Practical Insights for Employers Using AI

In this article, originally published by Law360, we distill the array of major global AI developments to spotlight a narrow but vitally important area — practical insights for employers using AI in the workplace.

Client Alert | December 19, 2023

DEI Task Force Update (December 13, 2023)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | December 13, 2023

New York State Amends Requirements for Non-Disclosure Provisions in Settlement Agreements and Expands Statute of Limitations for NYSHRL Claims

New York State has amended its requirements for non-disclosure provisions in settlement agreements and expanded its statute of limitations for New York State Human Rights Law claims.

Client Alert | November 29, 2023

DEI Task Force Update (November 29, 2023)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | November 29, 2023

Form 10-K Human Capital Disclosures Continue to Evolve

A survey of disclosures from the S&P 100 during the three years following adoption of the Securities and Exchange Commission Rule.

Client Alert | November 21, 2023

DEI Task Force Update (November 15, 2023)

An update from Gibson Dunn's DEI Task Force.

Client Alert | November 15, 2023

DEI Task Force Update (November 2, 2023)

An update from Gibson Dunn's DEI Task Force.

Client Alert | November 2, 2023

California Labor and Employment Changes after the 2023 Legislative Session

In the past month, Governor Gavin Newsom signed into law a variety of employment law changes for California employers. Our lawyers discuss eleven areas that may require attention from California employers. 

Client Alert | October 31, 2023

The NLRB’s New Joint-Employer Standard: 5 Key Takeaways for Employers

On October 27, 2023, the National Labor Relations Board (“NLRB”) published a final rule setting forth a new standard for determining joint-employer status under the National Labor Relations Act (“NLRA”).  This new rule replaces a prior rule published by the NLRB in 2020.

Client Alert | October 30, 2023

Gibson Dunn Named Labor & Employment Winner for 2023 D.C. Litigation Department of the Year

In its 2023 D.C. Litigation Department of the Year contest, The National Law Journal named Gibson Dunn as the winner in the Labor & Employment category. 

Firm News | October 27, 2023

Jesse Cripps and Katherine Smith Named Among Los Angeles’ 2023 Leaders of Influence in Labor & Employment

The Los Angeles Business Journal named Los Angeles partners Jesse Cripps and Katherine Smith among its 2023 Leaders of Influence: Labor & Employment Attorneys, a list of “the very best labor and employment attorneys in region.”

Firm News | October 26, 2023

Colorado Attorney General Upholds Commitment to Diversity, Equity, and Inclusion in Formal Legal Opinion

The Colorado Attorney General has issued a formal legal opinion confirming the legality and praising the benefits of diversity, equity, and inclusion programs and policies in the workplace.

Client Alert | October 9, 2023

Fifth Circuit Revives WARN Act Case Against Private Equity Manager of Closed Business

Our lawyers discuss a formal legal opinion issued by Colorado’s Attorney General confirming the legality and praising the benefits of diversity, equity, and inclusion programs and policies in the workplace.

Client Alert | October 6, 2023

Benchmark 2024 Named Three Partners to Top 50 Labor & Employment Litigators and Recognized 14 Partners as Labor & Employment Stars

Benchmark Litigation named Los Angeles partner Theane Evangelis and Washington, D.C. partners Joshua Lipshutz and Jason Schwartz to its list of the 2024 Top 50 Labor & Employment Litigators, which features lawyers who have been recognized by peers and clients alike for their exceptional reputations and achievements in labor and employment litigation.

Firm News | October 3, 2023

Law360 Names Eight Gibson Dunn Partners as 2023 MVPs

Law360 named eight Gibson Dunn partners among its 2023 MVPs. 

Firm News | October 2, 2023

Lawdragon 500 2024 Names 23 Gibson Dunn Partners Top Employment Lawyers

Twenty three Gibson Dunn partners were named to the 2024 Lawdragon 500 Leading Corporate Employment Lawyers guide, featuring “unsurpassed experts who try to keep the balance between Corporate America and its workers.”

Firm News | September 25, 2023

California Broadens Restrictions on Employee Non-Competes

Beginning January 1, 2024, California will broaden its already expansive restrictions on employee non-compete agreements.

Client Alert | September 20, 2023

ESG And The Board: Avoiding Risky Business

Dallas partner David Woodcock is author of "ESG And The Board: Avoiding Risky Business" [PDF] published by The Corporate Board September 2023.

Article | September 20, 2023

Washington Judge Dismisses Challenge to Starbucks Diversity Policies in Decisive Order Upholding Business Judgment Rule

Our lawyers discuss the implications of a U.S. federal judge’s dismissal of a stockholder derivative suit brought by a conservative think tank against Starbucks; the suit alleged that some Starbucks diversity initiatives violated the Civil Rights Act and state anti-discrimination laws.

Client Alert | September 14, 2023

AI in Employment: Privacy Regulation Is Here

The role of artificial intelligence (AI) in employment is a burgeoning area with daily developments that must be carefully monitored. Amidst all the buzz around automation in the workplace, privacy regulations have emerged as yet another piece of the employment puzzle.

Client Alert | September 8, 2023

Gauging The Scope Of NYC’s New AI Employment Law

New York partner Harris Mufson, New York of counsel Justin DiGennaro and Washington, D.C. associate Emily Lamm are the authors of "Gauging The Scope Of NYC's New AI Employment Law" published by Law360 on August 31, 2023.

Article | September 5, 2023

Department of Labor Initiates Rulemaking to Increase Compensation Thresholds for Minimum Wage and Overtime Exemptions

On August 30, 2023, the U.S. Department of Labor issued a proposed rule to revise its regulations implementing minimum wage and overtime exemptions for executive, administrative, and professional employees, among others, under the Fair Labor Standards Act.

Client Alert | September 1, 2023

Theane Evangelis and Katherine Smith Named Among California’s Top Employment Lawyers for 2023

The Daily Journal named Los Angeles partners Theane Evangelis and Katherine Smith to its 2023 list of Top Labor & Employment Lawyers in California.

Firm News | August 10, 2023

Federal Court Extends Students for Fair Admissions to Invalidate Use of Certain Racial Preferences in Government Contracting

Our lawyers discuss a federal court extending Students for Fair Admissions to invalidate the use of certain racial preferences in government contracting.

Client Alert | July 25, 2023

Attorneys General of 13 States Issue Warning to Fortune 100 Companies Regarding Their Diversity and Inclusion Programs in Wake of Supreme Court’s Decision Overturning Affirmative Action in Higher Education

Our lawyers summarize the letter sent by Attorneys General of 13 states to Fortune 100 companies warning of “serious legal consequences” over race-based employment preferences and diversity/inclusion policies.

Client Alert | July 18, 2023

California Supreme Court Holds Plaintiffs Compelled To Arbitrate Individual PAGA Claims Can Still Have Standing To Litigate Non-Individual PAGA Claims

The California Supreme Court has held that plaintiffs compelled to arbitrate individual PAGA claims can still have standing to litigate non-individual PAGA claims.

| July 18, 2023

NYC’s Artificial Intelligence Law: Key Takeaways From Newly Released FAQs

The New York City Department of Consumer and Worker Protection (the “DCWP”) released Frequently Asked Questions (“FAQ”) regarding New York City’s Local Law 144, which went into effect on July 5, 2023.

Client Alert | July 7, 2023

California Supreme Court Holds Employers Have No Duty Of Care To Prevent The Spread Of COVID-19 To Employees’ Households

The California Supreme Court held today that employers owe no duty of care, under state tort law, to nonemployees (including employees’ family members) to prevent the spread of COVID-19.

Client Alert | July 6, 2023