Compliance Stuff

In  Sonderling v. Ikes Artisan Pizza LLC , the U.S. Department of Labor (DOL) is pursuing a legal theory that, if adopted by the court, would allow the DOL to seek punitive damages in Fair Labor Standards Act (FLSA) retaliation lawsuits. 0:00 5:41 Quick Hits In  Sonderling v. Ikes Artisan Pizza LLC , the DOL argued that the FLSA’s anti-retaliation provision grants courts broad authority to award punitive damages against employers. The case implicates an unresolved circuit split and could significantly increase financial exposure under the FLSA retaliation. Background The  Ikes Artisan Pizza  case centers on a c omplaint filed by the DOL in 2022 alleging that the employer retaliated against an employee for communicating with the Kentucky Labor Cabinet regarding her wages. In 2024, the U.S. District Court for the Eastern District of Kentucky denied the employer’s motion for summary judgment, which set the case on the path to trial. T his also put a novel issue—whethe...

On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit  ruled  in  Bruce v. Adams and Reese, LLP  that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of them is for sexual assault and/or sexual harassment. Under the  Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) , mandatory pre-dispute arbitration agreements are invalid with respect to sexual assault or sexual harassment disputes. 0:00 6:57 Quick Hits In  Bruce v. Adams and Reese ,  LLP , a former employee sued a law firm for disability discrimination, retaliation, sexual harassment, and hostile work environment. The Sixth Circuit recently concluded that a mandatory pre-dispute arbitration agreement is voidable when a plaintiff brings multiple claims in a case that includes sexual harassment and/or sexual assault. This is ...

A new 6th Circuit decision gives employers an important appellate win on one of the most consequential labor law developments of the past several years. The court’s March 6 ruling refused to enforce a bargaining order issued by the National Labor Relations Board under the framework set by the controversial 2023  Cemex  decision. While that is welcome news for employers, it should not be mistaken for a green light to take a more aggressive approach during union organizing campaigns. Unfair labor practices committed during an organizing drive can still result in rerun elections and, in the right case, even bargaining orders under pre- Cemex  law. So what should employers make of the latest appellate setback for a signature Biden-era Board doctrine? And what are some practical steps you can take right now? The Radical  Cemex  Framework To understand the significance of this ruling, it helps to revisit what  Cemex  did. As we noted  when the Board is...