Employment Litigation — Post-2020

ABC test for worker misclassification — California AB5 (Lab.

The ADA reasonable accommodation interactive process — 42 USC §12112(b)(5)(A), applying EEOC v.

ADEA age discrimination doctrine — 29 USC §623 with Gross v.

Consumer Credit Protection Act Title III garnishment limits — 25% of disposable earnings or 30× federal minimum wage whichever is less — discharge prohibition f

FFCRA Emergency Paid Sick Leave (EPSL) and Emergency FMLA (EFMLA) — Pub.

Litigate FLSA collective actions — 29 USC §216(b) — opt-in mechanism, similarly-situated standard, conditional certification (Lusardi two-step), decertification

NLRB's 2024 joint-employer standard — NLRA §2(2) as established in the Browning-Ferris Industries rulemaking lineage and the NLRB 2023 Final Rule (88 Fed.

McDonnell Douglas burden-shifting framework — 42 USC §2000e-2 (Title VII) and 42 USC §12112 (ADA), distinguishing single-motive but-for causation (University of

Pregnant Workers Fairness Act (PWFA), 42 USC §2000gg et seq.

42 USC §1981 race-based contract discrimination doctrine including Comcast Corp.

Title VII retaliation doctrine — 42 USC §2000e-3(a) with Burlington Northern & Santa Fe Railway Co.

USERRA reemployment rights — 38 USC §4312 including the 5-year cumulative service cap, escalator principle from Alabama Power Co.