On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more
On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a...more
In the lead-up to the 2024 presidential election, employers navigated the difficult terrain of managing employees’ expressions of diverging political and social beliefs in the workplace. Now that the 2024 election has passed...more
On January 2, 2025, then-President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act), a bipartisan bill that expands healthcare and other benefits for...more
3/25/2025
/ Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Labor Reform ,
Military Service Members ,
New Legislation ,
Retaliation ,
USERRA ,
Veterans
In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more
3/11/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Confidential Information ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Intellectual Property Protection ,
Liability ,
Risk Management
On January 16, 2025, then-NLRB General Counsel Abruzzo issued Memorandum GC 25-04, Harmonization of the NLRA and EEO Laws. The memo responds to criticism from employers that NLRB decisions issued under the Biden...more
1/29/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
EEO ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Sexual Harassment ,
Title VII
Among the blizzard of executive orders issued following his inauguration, President Trump revoked former President Biden’s executive order addressing artificial intelligence (AI). A few days later, on January 23, 2025,...more
On January 9, 2025, the New Jersey attorney general and the Division of Civil Rights (DCR) announced that the DCR has launched a new Civil Rights and Technology Initiative to address the risks of discrimination stemming from...more
1/28/2025
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Discrimination ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Machine Learning ,
New Guidance ,
New Jersey ,
NJLAD ,
Reasonable Accommodation
New York Senate Bill 7676B regulates contracts for the creation and use of digital replicas. This law took effect on January 1, 2025. The law defines “digital replica” as “a digital simulation of the voice or likeness of an...more
On January 14, 2025, President-elect Trump named former U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling as his pick for deputy secretary of the U.S. Department of Labor (DOL). This is a...more
“Algorithmic discrimination” refers to the use of an artificial intelligence (AI) system that results in differential treatment or impact disfavoring an individual based on protected characteristics (e.g., age, color,...more
1/15/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California Privacy Protection Agency (CPPA) ,
Colorado ,
Data Privacy ,
Employment Discrimination ,
Illinois ,
Machine Learning ,
New York ,
Regulatory Oversight ,
Risk Mitigation ,
State Labor Laws ,
Texas
In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more
On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides...more
Because the United States has so far adopted a light-handed and decentralized approach to regulating artificial intelligence (AI) in the workplace, the reelection of President Donald Trump is unlikely to have as dramatic an...more
In Porter v. Trans State Holdings, Inc., No. 1:23-CV-00263 (D. Colo. Nov. 7, 2024), a federal district court dismissed a Naval Reserve pilot’s Uniformed Services Employment and Reemployment Rights Act (USERRA) lawsuit...more
As artificial intelligence (AI) continues to transform the workplace, lawmakers and agencies are grappling with how to regulate its use in employment settings, from hiring practices to employee monitoring. The next...more
On October 16, 2024, the U.S. Department of Labor (DOL) published Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. This document expands upon guidance released in...more
10/21/2024
/ Artificial Intelligence ,
Best Practices ,
Corporate Counsel ,
Data Protection ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Ethics ,
Innovative Technology ,
Machine Learning
California law provides robust protections for employees’ political activity, including anti-discrimination laws, off-duty conduct laws, employee voting leave laws, statewide election notice requirements, and laws allowing...more
On September 24, 2024, the U.S. Department of Labor (DOL) announced publication of its “AI & Inclusive Hiring Framework” website, described as “a new tool designed to support the inclusive use of artificial intelligence in...more
To support personnel transitioning from the military to the civilian workforce, the U.S. Department of Defense (DOD) in 2011 instituted the SkillBridge internship program, which provides service members with valuable civilian...more
In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more
9/11/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Free Speech ,
Hostile Environment ,
Packingham v North Carolina ,
Political Expression ,
Political Speech ,
Social Media Policy
This summer, the Supreme Court made waves with its decision in Loper Bright Enterprises v. Raimondo. Decided on June 28, 2024, the case overturned Chevron deference, a decades-long cornerstone of administrative law. Loper...more
The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more
On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act...more
8/26/2024
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Class Action ,
Department of Labor (DOL) ,
Employee Rights ,
Employment Litigation ,
Military Leave ,
Military Service Members ,
Sick Leave ,
US Air Force ,
USERRA ,
Vacation Leave ,
Wage and Hour
On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more