Author Info for Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

David Abella

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed Regulations

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act (FEHA)… more

Adverse Action, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Shirin Aboujawde

Termination Requirements Around the Globe

In the realm of global employment, the concept of termination payments can be a complex and often surprising issue for U.S.-based employers. Unlike in the United States, where the at-will employment doctrine generally allows… more

Employee Benefits, Employer Liability Issues, Hiring & Firing, International Labor Laws, Popular

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Kyle Abraham

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights of… more

NLRA, NLRB, Off-Duty Employee Access, Off-Duty Employees, Private Property

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Justine Abrams

New York State Bill Would Ban Employer Inquiries About Salary Expectations

A bill in the New York State Legislature would prevent employers from questioning job seekers about their salary expectations and permit job seekers to ask about employee benefits offered with the position… more

Employee Rights, Hiring & Firing, Job Applicants, Proposed Legislation, Salary/Wage History

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Lori Adamcheski

Michigan Attorney General Asked to Issue Formal Opinion on the Constitutionality of the “Adopt and Amend” Process Used to Enact Paid Medical Leave and Minimum Wage Laws

Employers in Michigan have been on a roller coaster ride over the last several months regarding new paid sick leave and minimum wage requirements. In the fall of 2018, the Michigan Legislature adopted paid sick leave and… more

Administrative Procedure, Minimum Wage, Paid Leave, Paid Sick Leave Act, Proposed Legislation

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Paul Lancaster Adams

Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the Delaware… more

Employer Liability Issues, Hiring & Firing, Job Applicants, New Regulations, Salary/Wage History

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Alison Adelman

San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance Survives Legal Challenge

A federation of hotel and motel owners and operators challenged a San Diego ordinance that requires certain building service and hospitality employers to recall workers laid off due to the pandemic before hiring new employees… more

Coronavirus/COVID-19, Employee Retention, Entertainment Venues, Hospitality Industry, Hotels

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Daniel Adlong

NLRB Overturns 40-Year-Old Precedent That Allowed Employers to Warn Employees Organizing Will Change Workplace Dynamic

On November 8, 2024, the National Labor Relations Board (NLRB) ruled that telling employees unionization could impact their relationship with their employer may violate the National Labor Relations Act (NLRA), overturning… more

Administrative Law Judge (ALJ), Employer Liability Issues, Labor Relations, NLRA, NLRB

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S. Nadine Agharezaei

New California Law Makes It Easier for Employees to Establish Retaliation Claims

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 497—also referred to as the Equal Pay and Anti-Retaliation Protection Act. SB 497 amends California Labor Code Sections 98.6, 1102.5, and 1197.5 to… more

Amended Legislation, Anti-Retaliation Provisions, Corporate Counsel, Employer Liability Issues, Equal Pay

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Rodolfo Agraz

NLRB Shake-up: President Trump Removes Board Member, Discharges General Counsel

President Donald Trump removed National Labor Relations Board (NLRB) member Gwynne Wilcox in a move that leaves the Board without a quorum to hear cases. The president also, as expected, discharged NLRB general counsel Jennifer… more

Corporate Counsel, Department of Labor (DOL), NLRA, NLRB, NLRB General Counsel

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Carmen Aguado

Cal/OSHA’s New COVID-19 Office Workspace Guidance Offers Cleaning and Distancing Protocols

On May 12, 2020, the California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, issued its COVID-19 Industry Guidance: Office Workspaces, which provides detailed guidance for operating in office… more

Cal-OSHA, Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Policies and Procedures

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Natalie Alameddine

Being on Call in California Does Not Impede on Rest Breaks

Augustus v. ABM Security Services, Inc., No. B243788 (filed December 31, 2014, pub. ord. January 29, 2015)): In its recently published decision, the California Court of Appeal held that on-call rest breaks are permissible. In a… more

Appeals, On-Call Employees, Rest and Meal Break, Restaurant Industry, Security Guards

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Allen Albert

IRS Issues Guidance on Federal Tax Treatment of State Paid Family and Medical Leave Contributions and Benefits

The Internal Revenue Service (IRS) has released new guidance on the federal income and employment tax treatment of contributions and benefits paid under state paid family and medical leave (PFML) statutes. This guidance also… more

Employee Benefits, Employment Tax, Federal Taxes, Income Taxes, Internal Revenue Code (IRC)

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Victor Albert

Oklahoma’s Unity Bill Allows Employers to Prohibit Medical Marijuana Use by Employees in Safety-Sensitive Positions

Oklahoma employers received a much-needed boost from the recent passage of the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill.” This legislation comes after much upheaval about the… more

Dispensaries, Employment Policies, Medical Marijuana, New Legislation

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Jean-Marc Albiol

France’s Professional Future Law Reduces Secondment Obligations and Increases Penalties for Secondment Fraud

French law No. 2018-771 of September 5, 2018, which is a law “for the freedom to choose one’s professional future,” modified various subjects of interest to companies, including secondment and illegal work. Enforceable since… more

Administrative Monetary Penalties, France, Fraud, Secondments

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Heba Alhassan

USCIS Unveils ‘E-COA,’ New Online Address Update Tool

U.S. Citizenship and Immigration Services (USCIS) has rolled out the Enterprise Change of Address (E-COA) self-service tool, which is intended to streamline address updates with USCIS… more

Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS, Visas

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Justin Allen

FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration

Less than a week before the inauguration of President Donald Trump, the Federal Trade Commission (FTC) and U.S. Department of Justice’s (DOJ) Antitrust Division jointly published guidelines on assessing whether business… more

Antitrust Violations, Biden Administration, Competition, Department of Justice (DOJ), Employment Policies

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Margaret Carroll Alli

Michigan’s Latest COVID-19 Developments: What Employers Need to Know

In the wake of the Michigan Supreme Court’s ruling regarding the state’s COVID-19-related executive orders, the Michigan Department of Health and Human Services (MDHHS) has issued new orders, the Michigan Occupational Safety and… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Enforcement

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Rodrigo de la Concha Alvarez

Mexican Labor Law Amendment Abolishes Outsourcing of Personnel

On April 23, 2021, an amendment to the Mexican Labor Law was published in the Official Gazette of the Federation. Below are the key points about the amendment and how they will affect employers that outsource or subcontract… more

Amended Legislation, Federal Labor Laws, Mexico, Outsourcing, Staffing Agencies

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Fauzia Amlani

USCIS Establishes New Five-Prong Test for “Function Managers”

Multinational companies that wish to transfer managerial employees to the United States now have clarification on the criteria required to do so. A new five-prong test adopted by U.S. Citizenship and Immigration Services (USCIS)… more

Employee Transfers, Managers, Multi-Factor Test, Multinationals, USCIS

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Salvatore Anania

Bill in U.K. Parliament Would Facilitate Certain Types of Data Processing by Redefining ‘Personal Data’ Parameters

On March 8, 2023, the Data Protection and Digital Information (No. 2) Bill was introduced to the UK Parliament by the Department for Science, Innovation and Technology (DSIT). If enacted, the Bill will make changes to the UK… more

Corporate Counsel, Data Processing Rules, Data Processors, Data Protection Impact Assessments (DPIAs), Data Subjects Rights

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Maria Anastas

Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members

A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues to… more

Cal-OSHA, Citations, Coronavirus/COVID-19, Employer Liability Issues, Health Care Providers

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Benjamin Anchill

The Rising Minimum Wages and Tip Credits for 2017: An Overview

Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last year,… more

Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Wage and Hour

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Christopher Anderson

The New UAE Labor Law: Implications for Employers

The United Arab Emirates (UAE) has a new set of labor laws governing private-sector employment relations. On February 2, 2022, Federal Decree Law No. 33 of 2021 took effect, repealing and replacing Federal Law No. 8 of 1980, as… more

Employment Contract, Labor Code, New Legislation, Private Sector, United Arab Emirates (UAE)

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Corie Anderson

DOL Proposes Rule to Return Home Healthcare Agency Workers to FLSA Exempt Status

On July 2, 2025, the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a proposed rule that would allow third-party home healthcare providers to rely on the domestic service exemption that existed under the… more

Chevron Deference, Comment Period, Department of Labor (DOL), Exemptions, Fair Labor Standards Act (FLSA)

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Karla Turner Anderson

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to… more

ADEA, CEOs, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I)

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Deborah Andrews

IRS Issues Additional Guidance on the COBRA Subsidy

On July 26, 2021, the Internal Revenue Service (IRS) released Notice 2021-46 to provide additional guidance on the Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy under the American Rescue Plan Act of 2021 (ARPA)… more

American Rescue Plan Act of 2021, COBRA, Employer Group Health Plans, Guidance Update, IRS

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Anna Angel

Healthcare Workforce Resilience Act: Is Relief On the Way for Physicians and Nurses?

On May 5, 2020, a bipartisan group of senators, including Senator David Perdue (R-GA), Todd Young (R-IN), John Cornyn (R-TX), Dick Durbin (D-IL), Chris Coons (D-DE), and Patrick Leahy (D-VT), introduced the Healthcare Workforce… more

Health Care Providers, Hospitals, Nurses, Physicians, Proposed Legislation

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Omar Aniff

California Employers’ Winning Streak in ‘Suitable Seating’ Cases Continues in Latest Appellate Decision

On February 18, 2022, a California appellate court issued the latest guidance in the continuing saga of statewide “suitable seating” litigation, cementing a significant trial victory for grocers, retailers, and other employers… more

Employer Liability Issues, Employment Litigation, Employment Policies, Private Attorneys General Act (PAGA), State Constitutions

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Nicole Antonio

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Andre Appel

Key Developments in German Labor and Employment Law for 2025

Labor and employment law in Germany will see a number of important developments in 2025. The Bureaucracy Relief Act IV took effect on January 1; the EU AI Act’s initial provisions on unauthorized AI take effect on February 2;… more

Artificial Intelligence, Employee Rights, Employment Contract, Equal Pay, EU

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Raven Applebaum

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished Capacity

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s… more

Corporate Counsel, Employer Liability Issues, Harassment, Hostile Environment, Nursing Homes

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Vi Applen

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients… more

CA Supreme Court, Class Action, Contract Terms, Corporate Counsel, Employer Liability Issues

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Stephanie Aranyos

Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace

On April 13, 2020, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy, Connecticut Governor Ned Lamont, Pennsylvania Governor Tom Wolf, Delaware Governor John Carney, and Rhode Island Governor Gina Raimondo… more

Coronavirus/COVID-19, Governor Carney, Governor Cuomo, Governor Lamont, Governor Murphy

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Hera Arsen Ph.D.

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender identity… more

Bostock v Clayton County Georgia, Employment Discrimination, Employment Litigation, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC)

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John Artz

Out in Public in Pennsylvania? Face Coverings Required!

On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Masks, Public Health, State Health Departments

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Brian Aslin

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act of… more

Article I, Disability Discrimination, Employer Liability Issues, Military Service Members, Public Employers

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Lucas Asper

Key State Laws Set to Take Effect on January 1, 2025

A wave of new state legislation ready to take effect on January 1, 2025, will reshape employment law across the United States, introducing crucial updates on paid family leave, anti-discrimination protections, workplace safety,… more

Anti-Retaliation Provisions, Child Labor, Compliance, Employment Discrimination, Medical Marijuana

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Melis Atalay

California Court of Appeal Confirms Expansive Reach of Federal Meal and Rest Break Preemption

The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for drivers of certain property-carrying commercial motor vehicles. The FMCSA’s regulations include meal and rest break rules that generally… more

Commercial Truck Drivers, FMCSA, Preemption, Rest and Meal Break, State Labor Laws

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Lisa Karen Atkins

Significant Workforce Reductions at the U.S. Department of Education and Their Potential Implications

On March 11, 2025, the U.S. Department of Education announced that it would initiate a reduction in force (RIF), affecting nearly 50 percent of its workforce… more

Administrative Procedure Act, Department of Education, Executive Orders, Hiring & Firing, Involuntary Reduction in Force

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Karine Audouze

France’s Employment Reforms to Go Into Effect in September

As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in… more

Collective Bargaining, Corporate Counsel, Damage Caps, France, Hiring & Firing

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Ruhul Ayazi

UK Government Announces Proposals for Reforming Immigration System

On 12 May 2025, the UK government published the white paper, “Restoring Control over the Immigration System,” which proposes several significant changes to UK immigration policy aimed at reducing net migration and tightening… more

Foreign Workers, Highly-Skilled Workers Visa, Immigration Procedures, Immigration Reform, Popular

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Jamey Ayers

FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the… more

H-1B, Lottery, USCIS, Visa Caps

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Karla Bacayan

USCIS Issues New Policy Guidance on Validity Period of Form I-693 Medical Exam

U.S. Citizenship and Immigration Services (USCIS) has announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after… more

Centers for Disease Control and Prevention (CDC), Immigration Procedures, Medical Examinations, Policy Updates, Required Forms

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Carlos Bacio

California Imposes New Discovery Requirement: Initial Disclosures

On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, which adds new rules for initial disclosures of information in discovery. Specifically, the new law amends California Code of… more

Cal Code of Civil Procedure, Disclosure Requirements, Discovery, Governor Newsom, New Legislation

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Erin Bagwell

President Biden Signs Stopgap Spending Bill to Fund Federal Government Through March 14, 2025

On December 21, 2024, President Biden signed a stopgap spending bill into law to fund the federal government through March 14, 2025, following approval by the U.S. Senate just hours before the deadline to avoid a government… more

Biden Administration, Continuing Resolution, Federal Budget, Government Shutdown, Immigration Procedures

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Melissa Bailey

Rising Temperatures Bring New Obligations for Maryland Employers

Maryland employers are facing the first summer under a heat-related illness prevention standard issued by Maryland Occupational Safety and Health (MOSH)… more

Employer Responsibilities, Heat Exposure, Loper Bright Enterprises v Raimondo, New Regulations, Regulatory Requirements

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Karen Baillie

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and… more

Administrative Procedure Act, Colleges, Constitutional Challenges, Dear Colleague Letter, Department of Education

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Jana Baker

Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress… more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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Madi Bakker

Maryland’s New Sick and Safe Leave Law Scheduled to Take Effect in February

On January 12, 2018, the Maryland General Assembly overrode Republican Governor Larry Hogan’s May 25, 2017 veto of legislation requiring Maryland employers to provide sick and safe leave to their employees. By overriding the… more

Governor Hogan, Governor Vetoes, Legislative Vetoes, Safe Leave, Sick Leave

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Charles Baldwin

Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held… more

Employer Liability Issues, Hiring & Firing, Right to Work, Union Membership, Unions

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Steven Baldwin

Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s… more

At-Will Employment, Employment Litigation, IN Supreme Court, Public Policy, Unemployment Benefits

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Shabri Baliga

New York Issues Updated Guidance on New Antidiscrimination Laws

As we previously reported, New York State significantly amended its antidiscrimination laws, with many of the changes effective as of October 11, 2019. The state issued updated FAQ guidance regarding these new requirements on… more

Anti-Discrimination Policies, Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Discrimination

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Brenda Bannon

Washington Public Records Act Now Protects Identities in Workplace Investigations

Investigation records have typically been considered public records under Washington State’s public disclosure law, absent a specific exemption or an established legal privilege… more

Data Protection, Employee Rights, Employment Discrimination, Investigations, New Legislation

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Nadine Banuelos

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a new… more

Amended Legislation, Arbitration, Biden Administration, Dispute Resolution, Effective Date

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Meg Barankin

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”… more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Faragher/Ellerth defense, Harassment

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Krystina Barbieri

Frequently Asked Questions About the New Jersey Paid Sick Leave Law, Part III

The New Jersey Paid Sick Leave Law (PSLL) goes into effect on October 29, 2018. We have received hundreds of questions in the last few weeks from employers seeking guidance on what they must do to comply with the law in advance… more

Employer Liability Issues, Notice Requirements, Paid Sick Leave Act, Paid Time Off (PTO), Posting Requirements

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Adriana S. Barnette

Broward County Becomes The Second County In Florida To Adopt Wage Protection Ordinance

On October 23, 2012, Broward County became the second county in Florida to adopt a controversial wage protection ordinance. In a seven-to-two vote, with Commissioners Stacy Ritter and Chip LaMarca voting against the ordinance,… more

Wage and Hour, Wage Theft Prevention Act, Wages

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Federico Barrera

U.S. Department of Education Delays Release of Title IX Final Rules to October 2023

The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education recently… more

Amended Regulation, Compliance Dates, Department of Energy (DOE), Final Rules, LGBTQ

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Jacqueline Barrett

Pennsylvania Governor Repeals New Overtime Rules as Part of Budget Deal

On June 30, 2021, Pennsylvania Governor Tom Wolf signed an approximately $40 billion state budget package. In exchange for increased funding for public schools in the state budget, Governor Wolf agreed to repeal Pennsylvania’s… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Regulations, Minimum Salary, Minimum Wage

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James Barrett

Federal District Court Blocks FTC Noncompete Rule from Taking Effect

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers. The court entered a… more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Judgment

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Cara Barrick

DOL Opinion Letter Finds Gig Economy Service Providers to Be Independent Contractors

In what appears to be a first, the U.S. Department of Labor (DOL) has weighed in on the status of gig economy workers under the Fair Labor Standards Act (FLSA) in the form of an opinion letter. The DOL concluded that the workers… more

ABC Test, Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Jazmyn Barrow

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020… more

Collective Bargaining, Construction Industry, Final Rules, Loper Bright Enterprises v Raimondo, New Rules

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Katie Bayt

EEOC Roundup: Top 5 Takeaways for Employers on the 2021 Enforcement and Litigation Statistics

On March 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released its Annual Performance Report and Enforcement and Litigation Statistics for fiscal year (FY) 2021 (October 1, 2020–September 30, 2021). As… more

Corporate Counsel, Enforcement, Enforcement Actions, Enforcement Statistics, Equal Employment Opportunity Commission (EEOC)

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Courtney Beasley

Compass: Insights And Direction For Employers – Spring 2019

NLRB Returns to Traditional Independent Contractor Standard - On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the… more

EEO-1, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, H-1B

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Patricia Beaty

IRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I

On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as… more

Affordable Care Act, Cadillac Tax, COBRA, Employer Group Health Plans, Excise Tax

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Anja Becher

German Federal Labor Court: Employers May No Longer Cite ‘Better Negotiating Skills’ as an Argument for Unequal Pay

In the past, the argument was often made that a female employee might not be entitled to a differential compensation claim due to lower pay compared to a male colleague, if the higher salary of the male colleague who performed… more

Contract Negotiations, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Lucy Bednarek

Supreme Court Requires But-For Causation for Section 1981 Claims

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and… more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

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Daniel Begian

Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was… more

Citizen Initiative Campaigns, Collective Bargaining Agreements (CBA), Governor Greitens, Referendums, Right to Work

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Michael Bell

Colorado AG Proposes Amendments to the Colorado Privacy Act Rules to Implement Recent Legislative Updates

Just over one year after the Colorado Privacy Act Rules took effect, the Colorado Attorney General’s Office filed a set of proposed draft amendments that, if implemented, would significantly modify the Rules to reflect recent… more

Biometric Information, Data Controller, Data Processing Rules, Data Processors, Governor Polis

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Thomas Bellifemine

New Jersey Supreme Court Declares Non-Disparagement Provisions ‘Impermissible’ When Used to Silence Victims Under NJLAD

On May 7, 2024, the Supreme Court of New Jersey invalidated an otherwise valid settlement agreement solely because the agreement contained a “non-disparagement provision,” the scope of which the court found “would bar… more

Anti-Discrimination Policies, Employer Liability Issues, Employment Discrimination, NJ Supreme Court, NJLAD

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Tina Bengs

ADA Accommodations Are Not Set in Stone

Granting a reasonable accommodation under the Americans with Disabilities Act (ADA) does not render that accommodation sacrosanct. A case recently decided by the U.S. Court of Appeals for the Seventh Circuit illustrates two… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Litigation, Failure to Accommodate

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Bensy Benjamin

Washington Staffing Agencies and Worksite Employers Must Now Train Temporary Employees on Workplace Safety Hazards

On April 14, 2021, Washington governor Jay Inslee signed into law Substitute House Bill (SHB) 1206, creating new requirements for staffing agencies and worksite employers utilizing temporary employees to provide training on… more

Amended Legislation, Employee Training, Governor Inslee, Notice Requirements, Staffing Agencies

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Rebecca Bennett

Ohio Lawmakers Introduce Bipartisan Bill to Ban Noncompete Agreements

Ohio could become the latest state to join the growing list of jurisdictions to ban or significantly restrict the use of noncompete agreements in employment under bipartisan legislation introduced by a pair of state lawmakers… more

Employment Contract, Employment Policies, Non-Compete Agreements, Proposed Legislation, Restrictive Covenants

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Chambord Benton-Hayes

Court Enjoins California’s Ban on Mandatory Arbitration of Statutory Employment Claims: 10 Questions and Answers for Employers

On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits employers from requiring employees to arbitrate claims arising under the California Fair Employment and Housing Act (FEHA) and… more

Federal Arbitration Act, FEHA, Mandatory Arbitration, Motion To Enjoin, Statutory Employees

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Eric Berg

Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors… more

Construction Contracts, General Contractors, Governor Pritzker, New Legislation, Notice Requirements

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Daniel Bernstein

New York State Issues Guidance and FAQs for Paid Sick Leave Law

On April 3, 2020, New York State enacted a statewide paid sick leave (PSL) law impacting all private employers in New York. The law requires employers to provide up to 40 or 56 hours of annual sick leave (depending on their size… more

New Guidance, Paid Sick Leave, State Labor Laws

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Brian Berry

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show “Manageability”

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys General… more

Burden of Proof, CA Supreme Court, Cal Code of Civil Procedure, Class Action, Class Certification

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Alia Besharat

Canada Increases Minimum Wage by 20 Percent for Temporary Foreign Workers in High-Wage Stream

In Canada, the Temporary Foreign Worker Program (TFWP) is a unique tool employers can use to hire foreign workers and fill temporary jobs when qualified Canadians are not available… more

Canada, Foreign Nationals, Foreign Workers, Minimum Wage, Temporary Employees

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Robert Bettac

Restroom Rights—The New Challenge for Texas Employers

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. Enter the new reality: federal agencies and LGBT rights groups are… more

Barack Obama, Employee Restrooms, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Jennifer Betts

New White House AI Action Plan Aims to Remove Barriers and Shift Regulatory Focus

The Trump administration recently unveiled a new action plan relating to artificial intelligence (AI) technology that focuses on removing regulations and/or other barriers, building upon President Donald Trump’s prior executive… more

Artificial Intelligence, Department of Labor (DOL), Employee Training, Executive Orders, Federal Trade Commission (FTC)

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Amy Bianchini

California Law Allowing Employers to Get Workplace Violence TROs Covering Harassment Takes Effect January 1, 2025

California employers will soon be able to more easily obtain temporary restraining orders (TROs) to protect employees from harassment before conduct has escalated to acts of violence or credible threats of violence under a law… more

Cal Code of Civil Procedure, Corporate Counsel, Governor Newsom, New Legislation, Restraining Orders

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Shivam Bimal

Infrastructure Investment and Jobs Act Repeals Employee Retention Credits as of September 30, 2021

President Biden’s signing of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, retroactively eliminates an employer’s ability to claim employee retention credits (ERC) for eligible wages paid after… more

American Rescue Plan Act of 2021, CARES Act, Consolidated Appropriations Act (CAA), Employee Retention, Infrastructure

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Kristine Bingman

Regulators Pause Mental Health Parity Rules Enforcement

Federal regulators recently indicated they will not enforce parts of the final regulations issued in September 2024 under the Mental Health Parity and Addiction Equity Act (MHPAEA) and may soon propose new rules altogether… more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Health Insurance, Health Insurance Portability and Accountability Act (HIPAA), Mental Health Parity Rule

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Frank Birchfield

Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority presumably… more

NLRB, Presidential Appointments, Regulatory Agenda, Trump Administration

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Kathryn Bird

Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts

The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer… more

Appeals, Contract Terms, Employment Contract, Employment Litigation, Incentive Compensation

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Andrew Birkinsha

Colorado AG Proposes Amendments to the Colorado Privacy Act Rules to Implement Recent Legislative Updates

Just over one year after the Colorado Privacy Act Rules took effect, the Colorado Attorney General’s Office filed a set of proposed draft amendments that, if implemented, would significantly modify the Rules to reflect recent… more

Biometric Information, Data Controller, Data Processing Rules, Data Processors, Governor Polis

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Gordon Blair

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Corporate Counsel, Disability, Disability Discrimination

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Kevin Bland

California Bill Would Require Employers to Continue Compensation for COVID-19–Positive Employees Excluded From Workplace

On February 16, 2024, California Assembly Member Pilar Schiavo (D-40) introduced legislation (Assembly Bill (AB) 3106) that would require the California Occupational Safety and Health Standards Board to adopt a standard that… more

Cal-OSHA, Compensation & Benefits, Coronavirus/COVID-19, Paid Leave, Popular

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Nana Boakye

January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available immigrant… more

Adjustment of Status, EB-1, EB-2, EB-3, I-485 Applications

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Bernard Bobber

Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing… more

Black Friday, Dress Codes, Employer Liability Issues, Employment Litigation, Grocery Store Workers

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Jessica Bocchinfuso

Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance - which was passed by the Philadelphia… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Steven Boggins

OSHA Updates Its Process Safety Management of Highly Hazardous Chemicals Instruction

On January 26, 2024, the Occupational Safety and Health Administration (OSHA) issued its updated Process Safety Management of Highly Hazardous Chemicals Instruction, providing enforcement guidance related to compliance with the… more

Chemicals, Enforcement Guidance, Guidance Update, Hazardous Substances, OSHA

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Adam Boland

Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of… more

At-Will Employment, Fraud, Hiring & Firing, Subsidiaries

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John Bolesta

Implied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers

On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other… more

Adverse Employment Action, Anti-Retaliation Provisions, Employee Handbooks, Employer Liability Issues, Employment Policies

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Michael Bonsignore

Biden Administration Announces End to COVID-19 Vaccination Requirements for International Travelers

On May 1, 2023, the White House announced that beginning May 12, 2023, foreign nationals entering the United States via airports will no longer be required to provide evidence of vaccination against COVID-19. Additionally, in a… more

Biden Administration, Coronavirus/COVID-19, Department of Homeland Security (DHS), Foreign Nationals, International Travel

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Nathan Boone

Minnesota Worker Safety Legislation for Meatpacking and Warehouse Industries Signed Into Law

On May 24, 2023, Governor Tim Walz signed Senate File No. 3035, which, among other provisions, amends the Packinghouse Workers Bill of Rights (Minn. Stat. § 179.86), creates new meatpacking workplace safety requirements with the… more

Employer Liability Issues, Employment Policies, OSHA, State Labor Laws, Workplace Safety

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W. First Born

DHS Terminates Temporary Protected Status for Honduras and Nicaragua, Effective September 8, 2025

On July 8, 2025, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register announcing the termination of Temporary Protected Status (TPS) designation for Honduras and Nicaragua… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Federal Register, Foreign Nationals, Foreign Workers

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Stefan Borovina

New York State Releases Guidance on Retail Worker Safety Act

The New York Retail Worker Safety Act is now in effect as of June 2, 2025. Following months of anticipation and planning, covered employers in New York State will now have to comply with the act’s workplace violence prevention… more

Employee Rights, Employee Training, Employer Responsibilities, Enforcement, New Guidance

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Violet Borowski

Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in… more

Appeals, Denial of Benefits, Disgorgement, Employee Retirement Income Security Act (ERISA), En Banc Review

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Joshua Bortnick

Congress Passes Resolution to Block Obama Administration Restrictions on Drug Testing Those Seeking Unemployment Benefits

On March 14, 2017, the U.S. Senate approved House Joint Resolution 42, which earlier passed in the U.S. House of Representatives and blocks the U.S. Department of Labor’s (DOL) regulation limiting states’ ability to drug test… more

Congressional Review Act, Department of Labor (DOL), Drug Testing, Pending Legislation, Unemployment Benefits

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Sonya Boun

What Colleges and Universities Need to Know About the Department of Education’s Final Title IX Rules

On May 6, 2020, the U.S. Department of Education released final regulations governing how institutions that receive federal financial assistance covered by Title IX of the Education Amendments of 1972 (Title IX) must respond to… more

Colleges, Department of Education, Disciplinary Proceedings, Educational Institutions, Final Rules

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Lisa Bowman

San Francisco Issues Guidance on COVID-19 ‘Temporary Right to Reemployment’ Ordinance

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic… more

Coronavirus/COVID-19, Employee Retention, Layoffs, Local Ordinance, Notice Requirements

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Adam Boyd

New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes… more

Amended Regulation, Independent Contractors, Wage and Hour

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Taylor Bracewell

Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements… more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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Carsten Brachmann

German Federal Labor Court Rules Limitation Periods in Employment Contracts That Do Not Explicitly Exclude the Minimum Wage Are Ineffective

The questions of whether limitation periods in employment contracts must expressly exclude claims to the statutory minimum wage and whether limitation/forfeiture clauses in employment contracts without such an exception are… more

Employer Liability Issues, Employment Contract, Employment Litigation, Germany, Limitation Periods

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Catherine Brackett

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second… more

Appeals, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing, Medical Leave

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Brian Bradford

Nevada Employers Prepare to Provide Leave for Domestic Violence Victims

In the new year, Nevada employers will be required to provide workplace protections for employees who are victims of domestic violence. Nevada Senate Bill 361, which was signed into law by Governor Brian Sandoval over the… more

Domestic Violence, Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Sandoval

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Samantha Bragg

Minnesota Department of Labor and Industry Proposes Rules on Statewide Earned Sick and Safe Time Law

The Minnesota Department of Labor and Industry (MNDOLI) recently issued proposed rules for governing Minnesota’s Earned Sick and Safe Time Law (ESST). The proposed rules are open for public comment through April 2, 2025… more

Comment Period, Employee Benefits, Employee Rights, Employment Policies, Paid Leave

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Joshua Brand

Pennsylvania Supreme Court Addresses Consideration for Noncompetes

In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration… more

Consideration, Employment Litigation, Enforceability, Job Offers, Non-Compete Agreements

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Karen Brandon

Do You Really Want to Be an ERISA Fiduciary?

Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of… more

Benefit Plan Sponsors, Class Action, Due Diligence, Duty of Loyalty, Duty of Prudence

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AnnRene Braun

The New Missouri Minimum Wage: What Employers Need to Know by January 1

Missouri voters have been heard: the state’s minimum wage is on the rise. On November 6, 2018, Missouri voters approved Proposition B, a measure that proposed an increase to the current state minimum wage of $7.85 per hour… more

Minimum Wage, New Legislation, State Labor Laws

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Cynthia Bremer

Minnesota Adopts New Rules for Parental Leave, Tips, and Recordkeeping Starting August 1, 2024

New laws in Minnesota will change how employers need to handle parental leave, tips, and recordkeeping. Most of the changes were part of the state’s omnibus bill for 2024 and are set to take effect on August 1, 2024… more

Compliance Dates, Employee Benefits, Family and Medical Leave Act (FMLA), New Guidance, New Legislation

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Thomas Bright

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly… more

Day-Rate Pay, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Jamie Brod Ashton

Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress… more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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Collin Brodrick

Texas Workforce Commission Issues Required Workplace Violence Reporting Notice

The Texas Workforce Commission recently published a notice that employers are required to post in conspicuous locations in their workplaces informing employees about reporting workplace violence or suspicious activity… more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Human Resources Professionals, State Labor Laws

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Martin Brook

Michigan Extends Its Stay-at-Home Order Through April 30, 2020

On April 9, 2020, Michigan Governor Gretchen Whitmer issued an updated “Stay Home, Stay Safe” Executive Order (EO) 2020-42, which extends the state’s emergency declaration through April 30, 2020. The EO reaffirms the measures… more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Shelter-In-Place, State of Emergency

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Jason Brown

The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment

California is a state of pioneers. It is in the vanguard of new legislation, often adopted later by other states. It is also known for its financial ventures into new technologies and research—ventures in amounts greater than… more

#MeToo, Corporate Culture, Entrepreneurs, Harassment, Private Equity Firms

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John Brown

Vaccine Volunteers: Is “Thank You” Sufficient Compensation?

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same… more

Fair Labor Standards Act (FLSA), Health Care Providers, Hospitals, Minimum Wage, Vaccinations

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Madeline Brown

White House Focuses on Pay Equity and Transparency

While the Paycheck Fairness Act (S. 205) is stalled in the U.S. Senate, the White House has called for action on issues relating to pay equity. On March 15, 2022, which was women’s “Equal Pay Day” for 2022 in the United States,… more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay, Federal Acquisition Regulations (FAR), Federal Contractors

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Matthew Brown

Maryland Releases FAQs in Relation to Wage Range Transparency Act

The Maryland Department of Labor recently released key questions and answers regarding the state’s Wage Range Transparency Act, which took effect on October 1, 2024, amending the prior Equal Pay for Equal Work laws found in… more

Compensation & Benefits, Employer Liability Issues, Labor Regulations, Minimum Wage, Over-Time

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Walter Brown

Kansas City Joins Movement to Ban Salary History Inquiries

Employers in Kansas City, Missouri, are now prohibited from asking applicants about their prior salary or pay histories. Kansas City’s ordinance, which becomes effective on October 31, 2019, is part of a growing national trend… more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Pay Equity Laws

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Whitney Brownlow

Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge

In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions… more

Constitutional Challenges, Executive Orders, Fourteenth Amendment, Immigration Enforcement, Injunctions

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Christina Maistrellis Broxterman

Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth… more

401k, Beneficiaries, Defined Benefit Plans, Department of Labor (DOL), Employee Benefits

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Alan Brozovich

Nonbinary Pronoun Usage in the Workplace: What Employers Are Doing to Promote Inclusivity

Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of pronouns… more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I)

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Bryson Buckley

Tucson’s Minimum Wage Ordinance Takes Effect on April 1, 2022 - Don’t Be Fooled

On November 2, 2021, voters in Tucson, Arizona, passed Proposition 206 (officially titled the Tucson Minimum Wage Act (TMWA)). This new city ordinance increases the minimum wage for virtually all employees working within the… more

Local Ordinance, Minimum Wage, Wage and Hour

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Katherine Budge

The King’s Speech - The Key Employment Implications

On 17 July 2024, the King’s Speech set out the government’s priorities and proposed policies for the next parliamentary session. A key announcement was the Employment Rights Bill and the government’s commitment to deliver in… more

Anti-Discrimination Policies, Employee Rights, Equal Pay, Hiring & Firing, Labour Code

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Russell Buhite

3 States to Consider Paid Sick Leave Initiatives on the November 2024 Ballot

While voters heading to the polls this November are likely focused on the neck-and-neck presidential election and several tight congressional races, voters in Alaska, Missouri, and Nebraska are further considering ballot… more

Ballot Measures, General Elections, Paid Leave, Popular, State Elections

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Brian Bumgardner

Trump 2.0, First Two Months in Review: A Summary of Immigration-Related Actions

The first two months of the Trump administration introduced significant immigration-related executive orders and agency directives. These directives will have broad impacts on employers and foreign nationals living and working… more

Department of Homeland Security (DHS), Enforcement Actions, Executive Orders, Foreign Nationals, Immigration Enforcement

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Stacy Bunck

Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi

On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule… more

Abortion, Chevron Deference, Chevron v NRDC, Dobbs v. Jackson Women’s Health Organization, Equal Employment Opportunity Commission (EEOC)

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Mark Burak

Considerations for Life Sciences Employers When Planning Reductions in Force

Life sciences employers have been impacted by various market forces in the last several years, and the recent economic turbulence is only adding to the challenges they face… more

Employee Rights, Employment Discrimination, Hiring & Firing, Layoffs, Life Sciences

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Donelle Buratto

Eighth Circuit Rejects OSHA’s Interpretation of Guarding Standard in Worker Fatality Appeal

On October 13, 2015, the Eighth Circuit Court of Appeals ruled in favor of Loren Cook in an 8–4 en banc decision in the carefully-watched machine guarding case of Perez v. Loren Cook Company, Eighth Circuit Court of Appeals, No… more

Administrative Law Judge (ALJ), Department of Labor (DOL), Employer Liability Issues, OSHA, Workplace Injury

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Brian Burbrink

Indiana Governor Issues Updated Stay-at-Home Order Due to Continued Spread of COVID-19

On April 6, 2020, Indiana Governor Eric J. Holcomb issued an updated “Stay-at-Home Order,” Executive Order 20-18 (E.O. 20-18), superseding the Stay-at-Home Order that he issued on March 23, 2020. In announcing the updated order,… more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Holcomb, Operators of Essential Services

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Kevin Burch

When Retirement Plan Service Providers Use Plan Participant Data for Purposes Unrelated to a Plan? What Employers Need to Know

There is a growing trend of using participant data to cross-sell financial products unrelated to plan recordkeeping by large recordkeepers and asset custodians of employer-sponsored retirement plans. In light of the fact that… more

Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Personal Data, Retirement Plan

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J. Carin Burford

Fraternizing May Lead to Your Partner’s Promotion, Your Discharge, and Possibly a Lawsuit

At what point does a company’s application of its anti-fraternization policy become sex discrimination? Last week, a federal court in Alabama found that the answer to this question may be determined by a jury… more

Corporate Counsel, Employment Policies, Fraternization Policies, Hiring & Firing, Human Resources Professionals

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Paul Burgin

A WARNing for Maryland Employers: Mandatory Notice Requirements for Mass Layoffs or RIFs Are Now in Effect!

According to the Maryland Department of Labor (MDOL), employers must now comply with the Maryland Economic Stabilization Act, which requires employers to provide notice of mass layoffs or reductions in force (RIFs) in certain… more

Compliance Dates, Corporate Counsel, Layoffs, Mini-Warn Acts, New Regulations

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Carson Burnham

So You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas

Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone… more

Employer Liability Issues, Foreign Subsidiaries, Human Resources Professionals, Labor Code, Multinationals

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Andrew Burnside

New Louisiana Employment-Related Laws: Key Takeaways From the 2025 Legislative Session

Two notable laws affecting Louisiana employers have taken effect this summer, providing expanded antidiscrimination protections for military status and a new exemption to Louisiana’s final pay law for certain types of… more

Anti-Discrimination Policies, Compensation, Employer Responsibilities, Employment Discrimination, Final Payments

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Ellie Burston

Employment Rights Bill Is Laid Before UK Parliament: What Employers Need to Know

The new Labour government has set out its plans for reforming the labour market in its Employment Rights Bill just within the first one hundred days in office. This volume of change was initially set out in the Labour… more

Administrative Agencies, Contract Terms, Employee Rights, Employment Contract, Flexible Work Arrangements

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Lisa Stephanian Burton

Massachusetts Paid Family and Medical Leave Program: November 2024 End-of-Year Update

With the close of 2024 comes the 2025 notices, posters, and rate sheets from the Massachusetts Department of Family and Medical Leave (DFML). In addition, the fiscal year (FY) 2024 DFML annual report is now available with… more

Annual Reports, Compliance, Employee Benefits, Information Reports, Medical Leave

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Valerie Butera

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that agency… more

Administrative Law Judge (ALJ), Criminal Prosecution, Enforcement, Enforcement Actions, Fifth Amendment

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Anthony Byergo

NLRB Continues to Apply Common-Sense Interpretations to Employer Rules

The current National Labor Relations Board (NLRB) continues to provide relief for employers whose workplace rules and policies were under attack from the Board during the Obama administration. Following the line of authority… more

Boeing, Employment Policies, NLRB

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Zachary Byers

MSHA Releases Final Rule on Respirable Crystalline Silica

On April 18, 2024, the Mine Safety and Health Administration (MSHA) published the long-anticipated final rule on respirable crystalline silica for coal mines and metal and nonmetal mines. As expected, this final rule is a… more

Final Rules, Health and Safety, Mine Safety and Health Administration (MSHA), Mining, Safety Inspections

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Lorenzo Cabantog

Massachusetts SJC: Employers Are Strictly Liable for Treble Damages for Late, Pre-Suit Wage Payments

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed… more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

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Christopher Caiaccio

Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?

Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial… more

Employer Liability Issues, Employment Policies, Paid Leave, Safety Precautions, Time-Off Policies

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Regina Worley Calabro

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F… more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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Andre' Caldwell

Workplace Investigations in 2022: Ringing in the New Year on the Right Foot

According to a poll conducted during an Ogletree Deakins webinar in 2021, 70 percent of approximately 1,200 attendees had experienced an increase in internal workplace complaints. In addition, a recently published outlook for… more

Complaint Procedures, Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies

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Malaika Caldwell

’Tis the Season to Answer Employer Shared Responsibility Payment Letters From the IRS

The deadline to respond is nearing for employers that received the first wave of Letter 226J mailings proposing to assess them with Employer Shared Responsibility Payments (ESRPs) for 2015 under Section 4980H of the Internal… more

Affordable Care Act, Benefit Plan Sponsors, Corporate Counsel, Health Insurance, Internal Revenue Code (IRC)

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Audrey Calkins

Arkansas’s Minimum Wage Will Start to Climb in 2019

After a midterm election that resulted in change around the country, Arkansas workers will be taking home a little more change themselves over the next three years. On November 6, 2018, Arkansas voters elected to increase the… more

Election Results, Minimum Wage, State and Local Government, State Elections, Wage and Hour

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Margaret Campbell

“It Says What It Says”: Dodd-Frank Whistleblower Protection Requires SEC Reporting, SCOTUS Rules

On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a… more

Anti-Retaliation Provisions, Corporate Counsel, Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting

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Donald Campbell Bulea

Michigan Supreme Court Says Time Limits on Employment Claims Must Be Reasonable

On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test… more

Contract Disputes, Contract Terms, Employer Responsibilities, Employment Contract, Employment Litigation

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Daniel Canales

City of Chicago Increases Minimum Wage

Effective January 1, 2015, the City of Chicago increased the minimum wage within its city limits to $10.00 per hour worked for non-tipped employees and to $5.45 per hour worked for tipped employees. The previous minimum wage was… more

Local Ordinance, Minimum Wage, Private Right of Action, Tipped Employees, Wage and Hour

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William Cantrell

Misclassification Initiatives Spread As Florida Signs Formal Pact with DOL

On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding (MOU) in which they agreed to… more

Department of Labor (DOL), Department of Revenue, Employee Definition, Employer Liability Issues, Enforcement

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Marquita Capers

Interview Waiver No Longer Available for Most Nonimmigrant Visa Applicants, Starting September 2, 2025

The U.S. Department of State has announced that it will revise the eligibility criteria for nonimmigrant visa interview waivers, effective September 2, 2025… more

Consulate, Non-Immigrant Visas, US Department of State, Visa Applications, Visa Interview Waiver Program (VIWP)

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Christopher J. Capone

New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual harassment… more

Anti-Harassment Policies, Department of Corrections, Employer Liability Issues, Sexual Harassment, Supervision

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Alessandra Carbajal

Green Card Applications: USCIS Removes the 60-Day Rule for Medical Examinations

On March 31, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record,… more

Adjustment of Status, Filing Deadlines, Foreign Nationals, Green Cards, I-485 Applications

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Kelly Cardin

New York to Require Paid Prenatal Care Leave Among Other Updates in Budget Legislation

New York will be the first state to require employers to provide paid leave to pregnant employees for prenatal care under one of a series of proposals included in legislation recently signed by Governor Kathy Hochul to implement… more

Lactation Accommodation, New Legislation, Paid Leave, Paid Sick Leave, Pregnancy

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Amanda Cardwell

USCIS Update: myProgress Tool Expands to Forms I-485 and I-821

U.S. Citizenship and Immigration Services (USCIS) recently announced the expansion of the online myProgress tool to Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-821, Application for… more

Adjustment of Status, I-485 Applications, Immigration Procedures, USCIS, Visa Applications

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Justin Caresia

NLRB General Counsel Issues Memo on Notice-Posting Requirement

On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements. Effective immediately, the 60-day remedial… more

New Guidance, NLRB, NLRB General Counsel, Posting Requirements

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Hilarie Carhill

Illinois Legislature Again Amends the Illinois Day and Temporary Labor Services Act

On May 24, 2024, the Illinois General Assembly passed Senate Bill (SB) 3650, which amends the Day and Temporary Labor Services Act (DTLSA). The amendments focus mainly on refining the equal pay and equal benefits provisions of… more

Amended Legislation, Day Laborers, Employee Rights, Equal Pay, Governor Pritzker

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John Richard Carrigan

Play for Pay Won’t Go Away: The NCAA Is Again Defending Antitrust Litigation Over Limits on Payments to Student Athletes

The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against… more

Antitrust Litigation, Appeals, College Athletes, Colleges, Motion for Summary Judgment

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Joseph Cartafalsa

New York State Bill Would Ban Employer Inquiries About Salary Expectations

A bill in the New York State Legislature would prevent employers from questioning job seekers about their salary expectations and permit job seekers to ask about employee benefits offered with the position… more

Employee Rights, Hiring & Firing, Job Applicants, Proposed Legislation, Salary/Wage History

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Martha Casillas

California Legislation Would Expand Cal/OSHA’s Authority to Regulate Gun Use in Entertainment Industry

The California Legislature recently introduced Senate Bill (SB) 831, which would increase regulations in, and add gun safety measures to, the motion picture and television industry. According to the text of the bill, the… more

Cal-OSHA, Enforcement Authority, Entertainment Industry, Firearms, Gun Laws

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Elvige Cassard

Louisiana Amends Pregnancy and Childbirth Nondiscrimination Law to Include Express Reasonable Accommodation Requirements

Louisiana’s nondiscrimination law protecting “pregnancy, childbirth and related medical conditions” in employment (La. R.S. 23:341–42) was recently amended primarily by including an express reasonable accommodation requirement… more

Breastfeeding, Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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O. Iván Andrade Castelán

Mexico’s Ministry of Labor and Social Welfare Issues Rules Changing PROFEDET’s Focus to Mediation

On August 31, 2022, the Ministry of Labor and Social Welfare issued a regulation changing the Federal Attorney General’s Office for the Defense of Labor (Procuraduría Federal de la Defensa del Trabajo, known as PROFEDET) to… more

Dispute Resolution, Labor Relations, Mediation, Mexico, Ministry of Labour

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Edward Castillo

H-1B Registration Numbers for FY 2026 H-1B Cap Reveal an Increase in Selection Rate

U.S. Citizenship and Immigration Services (USCIS) has released the selection numbers for the fiscal year (FY) 2026 H-1B cap, revealing a selection rate of approximately 35 percent compared to 29 percent in FY 2025… more

Beneficiaries, Filing Deadlines, Fiscal Year, Foreign Workers, H-1B

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David Castleberry

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second… more

Appeals, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing, Medical Leave

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Cyle Catlett

Illinois Amends Nurse Agency Licensing Act to Prohibit Noncompetes and Add New Reporting Requirements

With little press coverage, Illinois just amended the Nurse Agency Licensing Act (House Bill (HB) 4666) to prohibit noncompete agreements between nurse staffing agencies and nurses or certified nursing assistants (CNAs)… more

Amended Legislation, Non-Compete Agreements, Nurses, Reporting Requirements, Staffing Agencies

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Ann Louise Brown Cauble

USCIS Asks Congress for $1.2 Billion in Emergency Funds Amid Plans to Raise Application Fees

U.S. Citizenship and Immigration Services (USCIS) recently asked Congress for $1.2 billion in emergency funding in order to continue operations. USCIS also intends to impose a 10 percent surcharge on new immigration applications… more

Application Fees, Federal Funding, USCIS

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Raul Chacon Jr.

Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties

Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. §… more

Criminal Liability, Employer Liability Issues, Employment Contract, Misdemeanors, Non-Compete Agreements

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Chloe Chang

California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative claims… more

Appeals, Class Action, Private Attorneys General Act (PAGA), Representational Standing, Split of Authority

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Ron Chapman Jr.

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with… more

Analytics, CIPA, Consumer Privacy Rights, Cookies, Cybersecurity

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Joseph Charron

Illinois Renews Effort to Enact Expansive Restrictive Covenant Legislation

In 2016, Illinois enacted the Illinois Freedom to Work Act (IFWA). In doing so, it became one of the first states to pass legislation in response to the Obama administration’s Call to Action, which asked states to amend their… more

Employment Contract, Non-Compete Agreements, Proposed Legislation, Restrictive Covenants, State Labor Laws

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Erica Chee

Nevada Employers - Beware: Fraudulent Unemployment Claims Are on the Rise

An increase in the number of scams involving false unemployment benefits claims are emerging in Nevada and across the country. Third parties are filing claims for unemployment insurance benefits using the names and personal… more

Coronavirus/COVID-19, Relief Measures, Scams, Unemployment Benefits

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Sidra Cheema

DHS Announces Termination of TPS for Cameroon Effective August 4, 2025

On June 4, 2025, the U.S. Department of Homeland Security (DHS) announced in the Federal Register the termination of the temporary protected status (TPS) designation for Cameroon with no further extension beyond the current… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Federal Register, Foreign Nationals, Foreign Workers

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Alexander Chemers

California Appellate Decision Raises New Considerations for Arbitration Agreements

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited in… more

Appeals, Arbitration, Arbitration Agreements, Contract Terms, Employer Liability Issues

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Lori Chen

Illinois Governor Signs Bills Expanding Contractors’ Liability for Unpaid Wages of Subcontractors’ Workers

On June 10, 2022, Illinois Governor JB Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors… more

Construction Contracts, General Contractors, Governor Pritzker, New Legislation, Notice Requirements

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Gregory Cheng

Split Ninth Circuit Decision Clarifies the Limitations of Tip Pooling

In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Restaurant Industry, Tip Credit

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Jacob Cherry

State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens… more

Coronavirus/COVID-19, Foreign Nationals, H-1B, National Interest Waiver, Presidential Proclamations

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Sarah Chiang

State Department Revokes Existing Visas and Bans the Issuance of New Visas for South Sudanese Passport Holders

On April 5, 2025, the U.S. Department of State announced it was taking immediate action to revoke all existing visas and ban the issuance of any new visas for all South Sudanese passport holders… more

Foreign Nationals, Foreign Policy, Immigration Procedures, Sudan, Travel Ban

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Thomas Chibnall

New Whistleblower Intake Program Takes Effect for OSHA-Administered Whistleblower Statutes

On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect,… more

Corporate Counsel, Equal Employment Opportunity Commission (EEOC), OSHA, Whistleblower Protection Policies, Whistleblowers

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Tracie Childs

California Law Strengthens Enforcement of Tip Theft

On July 30, 2025, California Governor Gavin Newsom signed into law a bill (Senate Bill 648) that authorizes the state’s labor commissioner to investigate tip theft and levy fines for violations. The new law is particularly… more

Employer Responsibilities, Enforcement Actions, Governor Newsom, Hospitality Industry, New Legislation

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Dinah Choi

Oregon OSHA's Proposed Silica Rules Comment Period Comes to a Close

On September 16, 2016, the period for public comment on Oregon OSHA’s proposed rules for respirable crystalline silica closes, and Oregon OSHA is expected to adopt the proposed rules by September 25, 2016. The proposed rules… more

Construction Industry, OSHA, Proposed Regulation, Public Comment, Silica

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Curtis Chow

USCIS Extends Waiver of 60-Day Rule for Medical Examination Form I-693

U.S. Citizenship and Immigration Services (USCIS) has extended the temporary waiver of the requirement that a civil surgeon’s signature on Form I-693, Report of Medical Examination and Vaccination Record, be dated no more… more

Immigration Procedures, Medical Examinations, Required Forms, Time Extensions, USCIS

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Adam Christian

The U.S. Virgin Islands Joins the Ban the Box Movement

On November 10, 2018, the U.S. Virgin Islands joined the “ban-the-box” movement by enacting legislation regulating employers’ use of the criminal records of applicants and employees. Currently, 32 states and over 150 localities… more

Background Checks, Ban the Box, Corporate Counsel, Criminal Background Checks, Employer Liability Issues

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Hugh Christie

Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of… more

Canada, Corporate Counsel, Foreign Entities, Hiring & Firing, Recruitment Policies

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Tom Christina

Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has… more

Article III, Breach of Duty, Defined Benefit Plans, Duty of Loyalty, Duty of Prudence

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Paul Cirner

Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe… more

Coronavirus/COVID-19, Covered Employer, Executive Orders, Governor Brown, Governor Polis

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Evan Citron

New York Second Department Holds No Private Right of Action for Pay Frequency Claims

On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay… more

Employer Liability Issues, Employment Litigation, Late Payments, Liquidated Damages, Private Right of Action

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Patrick Clark

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and not… more

Americans with Disabilities Act (ADA), Drug Testing, Employee Rights, Failure to Accommodate, Healthcare

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Michael Clarkson

California Law Directs Cal/OSHA to Draft Standards for Opioid Overdose Reversal Drugs in First Aid Kits

On September 27, 2024, Governor Gavin Newsom signed into law legislation that requires the California Division of Occupational Safety and Health (Cal/OSHA) to submit a draft rulemaking proposal to revise the California Code of… more

Cal-OSHA, Emergency Response, Good Samaritans, Governor Newsom, Health and Safety

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Shannon Clawson

Reminder for Employers - February 14 Deadline for California Employers to Notify Employees Noncompete Agreements Are Void

Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses or… more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Linda Claxton

California Governor Newsom Calls for Senior and At Risk Californians to Self-Isolate and Directs Business Closures

In an effort to increase social distancing in response to the ongoing COVID-19 pandemic, on March 15, 2020, California Governor Gavin Newsom held a news conference in which he issued an executive order calling for the home… more

Business Interruption, Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, Executive Orders

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Joseph Clees

Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness… more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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A. Craig Cleland

Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s… more

Collective Actions, Dismissals, Fair Labor Standards Act (FLSA), FRCP 23, Genesis HealthCare

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Ursula Clemons

CDPH Issues Updated Order and Guidance Regarding COVID-19 and Its Effect on the Workplace

On March 3, 2023, a new California state public health officer order regarding COVID-19 was issued with an effective date of March 13, 2023. The new order includes important information for employers doing business in… more

Coronavirus/COVID-19, Effective Date, Public Health, Safety Precautions, State Health Departments

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Katrina Clingerman

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether… more

Americans with Disabilities Act (ADA), Benefit Plan Sponsors, Civil Rights Act, Disability Discrimination, Employee Benefits

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Collin Coakley

Severe Delays at USCIS Create Need for Nimble Approach by Employers

U.S. Citizenship and Immigration Service (USCIS) service centers are experiencing severe delays in processing immigration cases due to an overwhelming backlog. USCIS has not publicly identified the cause of the delays or offered… more

H-1B, Time Extensions, USCIS, Visas

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Jennifer Cofer

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Justin S. Coffey

President Trump Issues Revised Executive Order Suspending Admission for Certain Foreign Nationals from Six Designated Countries

On March 6, 2017, President Trump signed a revised Executive Order, Protecting The Nation From Foreign Terrorist Entry Into The United States, that suspends admission to the United States for certain foreign nationals from the… more

Executive Orders, Foreign Nationals, Travel Ban, Trump Administration

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Daniel Cohen

Hold on Tight: Last-Minute Changes to Michigan’s Earned Sick Time Act

Michigan’s Earned Sick Time Act (ESTA), scheduled to take effect on February 21, 2025, was amended on February 20, 2025, to provide additional clarity and administrative ease… more

Amended Legislation, Earned Sick Time, Employee Benefits, Employment Contract, Employment Policies

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Michael Cohen

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and… more

Arbitration, Corporate Counsel, Discipline, Employment Litigation, Employment Policies

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Emily Cohen-Gallant

Multiple Working for Workers Acts Were the Tale of Ontario’s 2024

Ontario saw a ramp-up in 2024 of changes to workplace laws through the ongoing saga of the Working for Workers Acts (and their various iterations). Three consecutive Working for Workers Act bills either received royal assent or… more

Amended Legislation, Canada, Immigration Procedures, International Labor Laws, New Legislation

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Aaron Cole

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v… more

CA Supreme Court, Class Action, Employer Liability Issues, Employment Litigation, Employment Policies

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Jaime Cole

Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing… more

Agricultural Sector, Class Action, Commercial Truck Drivers, Legal History, Minimum Wage

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Maximilian Colle

German Court Orders Company to Pay €2,500 for Using the Phrase ‘Nimble Female Hands’ in Rejection of Male Job Applicant

The vast majority of employers in Germany are aware by now that caution is required when formulating job advertisements in order to avoid being confronted with accusations of discrimination and the associated claims for damages… more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Germany, Job Ads

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Dawn Collins

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or Tensions at Work?

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in… more

Blacklist, Employee Misconduct, Employer Liability Issues, First Amendment, Labor Code

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Patrick Collins

New York Legalizes Recreational Marijuana: Altered States for Employers

On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA), which legalizes the adult recreational use of marijuana and revises Section 201-d of the New York Labor Law. The… more

Amended Legislation, Anti-Discrimination Policies, Decriminalization of Marijuana, Governor Cuomo, Marijuana

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Sarah Collins

USCIS Authority to Issue Notices to Appear Is Expanded in Latest Policy Memorandum

On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an updated policy memorandum expanding the authority of USCIS employees to issue notice to appear (NTA) charging documents to initiate removal… more

Customs and Border Protection, Foreign Nationals, Immigrants, Immigration and Customs Enforcement (ICE), Immigration Procedures

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William Collins Jr.

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,… more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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Ruth Anne Collins Michels

2025 ACA Compliance Updates: Essential Insights for Employers

As we turn the page to 2025, employers and HR professionals are turning their attention to ensuring compliance with the reporting and disclosure requirements of the Affordable Care Act (ACA)… more

Affordable Care Act, Benefit Plan Sponsors, Biden Administration, Compliance, Disclosure Requirements

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Carlos Colón-Machargo

Remote Work in Puerto Rico: A Legal Update for Global Employers

Puerto Rico has recently relaxed its requirements for remote work, implementing significant changes. The first set of changes occurred in 2022 with the enactment of Law 52-2022… more

Employee Benefits, Employment Contract, Employment Policies, Fair Labor Standards Act (FLSA), Income Taxes

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Jennifer Colvin

New Illinois Labor and Employment-Related Laws Cover E-Verify, ‘Captive Audience Meetings,’ Noncompetition, AI, and More

The Illinois General Assembly had a busy year in 2024 drafting new legislation that was signed by Governor J.B. Pritzker and took effect on January 1, 2025. The following article summarizes important legal advancements in… more

Artificial Intelligence, Child Labor, E-Verify, Employee Rights, Employer Responsibilities

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Michael Comartin

Unpacking the Requirements of British Columbia’s Pay Transparency Act

Under British Columbia’s Pay Transparency Act, as of November 1, 2023, all B.C. employers are required to post wage and salary information on all of their public job postings… more

Canada, Job Ads, Pay Transparency, Posting Requirements, Reporting Requirements

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John Combs

BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden of… more

BALCA, Department of Labor (DOL), Hiring & Firing, PERM, Recruitment Policies

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Dr. Ulrike Conradi

Key Developments in German Labor and Employment Law for 2025

Labor and employment law in Germany will see a number of important developments in 2025. The Bureaucracy Relief Act IV took effect on January 1; the EU AI Act’s initial provisions on unauthorized AI take effect on February 2;… more

Artificial Intelligence, Employee Rights, Employment Contract, Equal Pay, EU

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Kshemani Constantinescu

Accessibility Law in Canada: Cross-Country Disability Access Legislation

Some jurisdictions in Canada are subject to accessibility legislation that sets disability access standards, such as for provincially regulated organizations operating in the provinces of Ontario and Manitoba and for federally… more

Accessibility Rules, Canada, Disabilities, Disability Discrimination, Federal Contractors

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M. Rebecca Cooper

Prospective Employees May Sign Louisiana Noncompete Agreements if They Contain an Effective Date During Employment

A recent opinion, Arthur J. Gallagher & Co. v. Annison, from the Louisiana Court of Appeal, First Circuit, applied Louisiana’s restrictive law governing noncompete agreements to explain that a prospective employee may sign a… more

Contract Terms, Effective Date, Employment Contract, Employment Litigation, Non-Compete Agreements

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Jeffrey Coren

New York’s Child Data Protection Act: Key Takeaways From the Attorney General’s Implementation Guidance

In anticipation of the June 20, 2025, effective date of the New York Child Data Protection Act (NYCDPA), the Office of the New York State Attorney General (OAG) recently released implementation guidance that provides critical… more

Attorney General, COPPA, Data Privacy, Effective Date, Enforcement Guidance

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Melanie Cormier

DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance… more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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Ryan Correia

Puerto Rico Law Authorizes Pay Deductions as Repayment for Employer-Provided Emergency Aid

Puerto Rico is still reeling from the aftermath of Hurricane Maria. Recently, the governor of Puerto Rico signed into law Act No. 115 of June 20, 2018, to promote recovery efforts and provide much-needed aid to affected… more

Disaster Aid, FEMA, Governor Rossello, Hurricane Maria, Natural Disasters

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Rosa Corriveau

USCIS Issues Major Update to TN Visa Policy Manual

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, clarifying—and in some cases, narrowing—the eligibility criteria for the TN nonimmigrant classification under the United States-Mexico-Canada… more

Canada, Foreign Workers, Immigration Procedures, Mexico, New Guidance

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Marlén Cortez Morris

Eleventh Circuit Serves a Whopper of a Ruling on Franchisor’s ‘No-Poach’/‘No-Hire’ Agreement With Franchisees

Over the last several years, business-to-business “no-hire” and “no-poach” agreements have come under legal attack, including through enforcement actions by the Federal Trade Commission and criminal prosecutions by the… more

Burger King, Contract Terms, Corporate Counsel, Dismissals, Employer Liability Issues

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Timothy Costello

Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by Governor… more

Manufacturers, New Legislation, Prevailing Wages, Rest and Meal Break, Retailers

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Jennifer Cotner

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade. As… more

Administrative Interpretation, Ban the Box, Criminal Background Checks, Defend Trade Secrets Act (DTSA), Department of Labor (DOL)

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Karen Hunter Courrèges

USCIS New Policy Shuts Down STEM OPT Training at Third Party Sites

The extension of the Optional Practical Training (OPT) program for international students with degrees in science, technology, engineering, and mathematics (STEM) allows eligible students to apply to extend their post-completion… more

Amended Rules, Department of Homeland Security (DHS), E-Verify, Foreign Students, OPT

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Adam Courtin

Texas Employees Have a Right to Vote on Election Day (and to Be Protected From Retaliation)

Election Day - Tuesday, November 3, 2020 - is quickly approaching, and employees might ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law… more

Anti-Retaliation Provisions, General Elections, Presidential Elections, Right to Vote, Voting Rights

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Rene Cousins

USCIS Issues Guidance on TN Nonimmigrant Status for Economists

On November 20, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum clarifying that the TN definition of “economists.” Background - On December 17, 1992, the presidents of the… more

Department of Labor (DOL), NAFTA, New Guidance, Non-Immigrant Visas, Popular

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Amanda Couture

How to Avoid Halloween Horror Stories in the Workplace

This is the season of pumpkin spice, crisp air, falling leaves, and costume parties. But as much as we love autumn, it brings its own set of workplace complexities - especially when celebrating Halloween… more

Best Management Practices, Employer Liability Issues, Holiday Parties, Holidays

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Tiffany Cox Stacy

Fifth Circuit Upholds Enactment of the Pregnant Workers Fairness Act

On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit overturned a federal district court’s decision to block the enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas… more

Appeals, Constitutional Challenges, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Final Rules

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Christopher R. Coxson

Newly-Appointed NLRB General Counsel Moves to Roll Back Agency Overreach and Activism

The National Labor Relations Board’s (NLRB) new general counsel wasted no time in issuing comprehensive guidelines to the agency unequivocally indicating that the era of unbridled activism and overreach by the Board will likely… more

Employee Handbooks, NLRB, NLRB General Counsel, Policy Memorandums, Regulatory Standards

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Harold P. Coxson

A New Sheriff Takes Over at DOL’s Office of Labor-Management Standards

A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former member… more

Administrative Appointments, Department of Labor (DOL), NLRA

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Matthew Craig

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against… more

Appeals, Civil Rights Act, Corporate Counsel, Department of Labor (DOL), Economic Realities Test

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Michael Cramer

6 Lessons From The Bear: What Employers Can Learn From the Workplace TV Show

While traveling for business or pleasure this summer, you may catch the newest season of the TV show The Bear, featuring executive chef Carmy Berzatto running a fictional restaurant in Chicago called The Bear. The Emmy… more

Corporate Culture, Employee Benefits, Employee Training, Leadership, Mental Health

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Amanda Crawford

Pennsylvania to Update Overtime Salary Threshold and Duties Tests

On January 17, 2018, Pennsylvania Governor Tom Wolf announced an initiative to “modernize” Pennsylvania’s overtime rules. Governor Wolf has directed the Pennsylvania Department of Labor and Industry to develop a plan to… more

Exempt-Employees, Governor Wolf, Minimum Salary, Over-Time, Wage and Hour

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Jacob Credeur

New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive… more

Employee Tracking, Employer Mandates, Federal Contractors, Governor Edwards, Hiring & Firing

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Christina Crockett

New IRS Qualified Plan Corrections Guidance

The Internal Revenue Service (IRS) issued two rounds of guidance modifying the Employee Plans Compliance Resolution System (EPCRS). The IRS guidance gives employers greater flexibility in correcting relatively common operational… more

Benefit Plan Sponsors, EPCRS, IRS, New Guidance, Revenue Procedure 2015-27

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Grady Crosby III

Wisconsin Extends Safer at Home Order to May 26, 2020

On April 16, 2020, Wisconsin Department of Health Services Secretary Andrea Palm issued an updated Safer at Home Order (Emergency Order #28), which extends and makes certain adjustments to the agency’s original order that took… more

Coronavirus/COVID-19, Operators of Essential Services, Public Health Emergency, Shelter-In-Place, State Health Departments

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Ryan Crosner

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with… more

Analytics, CIPA, Consumer Privacy Rights, Cookies, Cybersecurity

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Jessica Cross

Potential H-1B Cap-Exempt Options for Healthcare Employers

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption. U.S… more

Exemptions, Foreign Nationals, Foreign Workers, H-1B, Health Care Providers

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Steven Cuff

Connecticut Legislature Makes Changes to Connecticut Paid Sick Leave Law

In its most recent legislative session, the Connecticut General Assembly passed a bill that enacted a number of changes to the law commonly referred to as the Connecticut Paid Sick Leave Law, which originally went into effect on… more

Employee Rights, Paid Leave, Sick Leave

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Jaclyn Culler

Michigan Provides Enforcement Guidance on State’s “Stay Home, Stay Safe” Executive Order

Governor Gretchen Whitmer’s Executive Order 2020-21 - the “Stay Home, Stay Safe” order - and various county emergency orders issued in the wake of the COVID-19 pandemic have raised numerous questions regarding their… more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Enforcement Guidance, Executive Orders

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Patrick Curran Jr.

Retention Bonus Found Not to Constitute ‘Wages’ Under the Massachusetts Wage Act

On September 6, 2024, the Appellate Division of the Massachusetts District Court held in Nunez v. Syncsort Incorporated that a retention bonus that the defendant-employer allegedly owed to the plaintiff, its former employee, did… more

Bonuses, Employee Retention, Employment Litigation, Former Employee, State Labor Laws

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Ashley Prickett Cuttino

3 States to Consider Paid Sick Leave Initiatives on the November 2024 Ballot

While voters heading to the polls this November are likely focused on the neck-and-neck presidential election and several tight congressional races, voters in Alaska, Missouri, and Nebraska are further considering ballot… more

Ballot Measures, General Elections, Paid Leave, Popular, State Elections

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Marissa Cwik

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025… more

Department of Homeland Security (DHS), Department of Labor (DOL), Filing Deadlines, Foreign Workers, H-2B

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Amy Dalal

L-2 EAD Renewals: Clarity For L-2 EADs After USCIS Settlement Agreement

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) reached a settlement in the class action Shergill v. Mayorkas. As part of the settlement, USCIS agreed to update its policy relating to H-4 and L-2 spousal… more

Class Action, Customs and Border Protection, Employment Authorization Documents (EAD), Foreign Nationals, H-4 Spouses

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Awanti Damle Sharda

Trump 2.0, First Two Months in Review: A Summary of Immigration-Related Actions

The first two months of the Trump administration introduced significant immigration-related executive orders and agency directives. These directives will have broad impacts on employers and foreign nationals living and working… more

Department of Homeland Security (DHS), Enforcement Actions, Executive Orders, Foreign Nationals, Immigration Enforcement

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Jacqueline Damm

Contract Negotiations in the Midst of the COVID-19 Pandemic: What if Your Union Contract Expires on March 31, 2020?

As employers everywhere grapple with the COVID-19 crisis and its impact upon their employees and operations, questions have arisen regarding union contracts that expire on or about March 31, 2020. Although every labor contract… more

Collective Bargaining Agreements (CBA), Contract Negotiations, Contract Termination, Contract Terms, Coronavirus/COVID-19

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Maria Greco Danaher

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable… more

Bostock v Clayton County Georgia, Educational Institutions, Executive Orders, Gender Identity, LGBTQ

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Bret Daniel

FDA’s Full Stamp of Vaccine Approval Delivers Progress, but Issues With Vaccine Passports and Policies Are Looming

On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its… more

Coronavirus/COVID-19, Department of Justice (DOJ), Employment Policies, Equal Employment Opportunity Commission (EEOC), FDA Approval

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Beth Darby Adamek

The New Texas Law on Vaccination Mandates: What Changes Do Employers Need to Make Now?

Effective February 6, 2024, a new Texas law prohibits private employers from adopting or enforcing a mandate requiring an employee, contractor, or applicant to be vaccinated against COVID-19 as a condition of employment… more

Employer Liability Issues, Employer Mandates, Employment Policies, Texas, Vaccinations

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InderBir Datta

State Department Launches Immigrant and Nonimmigrant Visa Interview Availability Tools

On April 30, 2025, the U.S. Department of State launched two new tools to monitor immigrant and nonimmigrant visa interview availability: (1) the Immigrant Visa (IV) Scheduling Status Tool, and (2) the Global Visa Wait Times… more

Foreign Nationals, Government Agencies, Immigrants, Immigration Procedures, New Regulations

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Daniel Dauplaise

Global Solutions Episode 5: Virtual Workplaces Worldwide - Working from Home Across the Globe

The effects of the COVID-19 pandemic, which encouraged employers and employees to adapt to new models rapidly, will likely reverberate in U.S. and global workplaces for years - with a move away from traditional brick-and-mortar… more

Coronavirus/COVID-19, Employer Responsibilities, EU, Member State, Remote Working

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Andrea Davis

Biden Administration Issues Restrictions on Travel From India

On April 30, 2021, the Biden administration issued a proclamation that implements restrictions for travelers from India, due to concerns regarding COVID-19. Pursuant to the proclamation, noncitizens who have been physically… more

Biden Administration, Coronavirus/COVID-19, India, International Travel, Presidential Proclamations

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C. Thomas Davis

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems… more

Appeals, Article II, Constitutional Challenges, Government Agencies, NLRB

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Dennis Davis Ph.D.

Domestic Violence and its Potential Consequences in the Workplace: How to Protect Your Workers

Daily reports of incidents of domestic violence are an unfortunate reality across our nation. Recent events in San Bernardino, California, and Cookeville, Tennessee, remind us that domestic violence issues sometimes spill over… more

Best Management Practices, Domestic Violence, Workplace Safety

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Frank Davis

OSH Law Primer, Part XI (Continued): Understanding and Contesting OSHA Citations - The Whys and Hows

This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and… more

Administrative Appeals, Administrative Procedure, Appeals, Citations, Employer Liability Issues

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Kimberly Davis

‘What Is a Woman?’ Alabama Governor Signs Bill Declaring There Are Only Two Sexes

On February 13, 2025, Alabama Governor Kay Ivey signed into law Senate Bill 79 / Act 2025-3, declaring that there are only two sexes, male and female. Originally introduced on February 4, 2025, the legislation amends Alabama… more

Anti-Discrimination Policies, Employment Discrimination, Equal Protection, Gender Identity, Governor Ivey

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Paul De Boe

Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations

For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas… more

Americans with Disabilities Act (ADA), Attorney's Fees, Corporate Counsel, Disability Discrimination, Disgorgement

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Mercedes de la Rosa

Human Resources’ Role in Data Privacy and Cybersecurity, Part V: Ethical Obligations When Responding to a Breach of Employee Data

In today’s digital landscape, many organizations will likely face the unfortunate reality of a breach of employee data. The human resources department is the critical link between safeguarding a company’s reputation and… more

Cybersecurity, Data Breach, Data Privacy, Employee Privacy Rights, Employer Liability Issues

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Lara de Leon

Compass: Insights And Direction For Employers - July 2019

This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban on… more

Department of Labor (DOL), EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Labor Regulations

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Earl DeBrine

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule… more

Administrative Procedure Act, Department of Homeland Security (DHS), H-1B, Immigration Procedures, Interim Final Rules (IFR)

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Caroline DeBruin

Ontario Introduces Bill to Promote Work-Life Balance and Bar Employers From Using Standalone Non-Compete Agreements

On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021. According to Ontario’s Ministry of Labour, Training and Skills Development, Bill 27 would encourage employee work-life balance… more

Corporate Counsel, Employment Policies, Employment Standards Act, Flexible Work Arrangements, Licensing Rules

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Thomas Deer

Evanston, Illinois, Extends Schedule Protection Rights to Hourly Workers

The city of Evanston, Illinois, recently enacted the Fair Workweek Ordinance (24-O-23), expanding hourly workers’ rights to predictable scheduling across multiple industries, including hospitality, food service and restaurants,… more

Covered Employees, Employee Rights, Fair Workweek, Hospitality Industry, Janitorial Services

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Dara DeHaven

Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate… more

Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Deal, New Regulations

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Enrique Del Cueto-Perez

Puerto Rico Law Authorizes Pay Deductions as Repayment for Employer-Provided Emergency Aid

Puerto Rico is still reeling from the aftermath of Hurricane Maria. Recently, the governor of Puerto Rico signed into law Act No. 115 of June 20, 2018, to promote recovery efforts and provide much-needed aid to affected… more

Disaster Aid, FEMA, Governor Rossello, Hurricane Maria, Natural Disasters

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Benjamin Delancy

December 31 Section 409A Correction Deadline for Severance Pay Approaching

The Internal Revenue Service(IRS) has given employers until December 31, 2012 to correct a problem frequently found in severance agreements and other similar arrangements. If the problem is not addressed by that date, then it… more

Deferred Compensation, IRS, Section 409A, Severance Agreements, Severance Pay

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Maggie Delany

Governor Hochul Proposes New York Labor Law Amendment to End Pay Frequency Claims

Governor Kathy Hochul’s newly unveiled fiscal year 2025 executive budget proposal includes an amendment to Section 198 of the New York Labor Law (NYLL) that could put an end to pay frequency claims… more

Private Right of Action, Proposed Amendments, State Labor Laws, Statutory Violations, Wages

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Ana Paula Delsol Espada

Mexico’s Federal Government Initiates Process to Eliminate Autonomous Data Privacy Authority

Mexico’s new government has initiated the process for eliminating autonomous institutes, including the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI)… more

Administrative Agencies, Data Privacy, Data Protection Authority, Enforcement Authority, Mexico

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Francesco DeLuca

Rhode Island Bars Workplace Discrimination Based on Menopause Symptoms

On June 24, 2025, Rhode Island enacted a law barring employers from discriminating against workers because of their menopause symptoms. The law requires employers to provide reasonable accommodations for workers experiencing… more

Employee Rights, Employer Responsibilities, Employment Discrimination, New Legislation, Notice Requirements

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R. Scott DeLuca

New York’s 2025–26 Budget Includes Immediate Labor Law Reforms, Important Changes to Pay Frequency Laws

New York’s governor and state legislature have finally stumbled to completion of this year’s budget negotiations and enacted legislation as part of the 2025–26 state budget, which includes significant amendments to the New York… more

Amended Legislation, Employee Rights, Employer Responsibilities, Labor Law Violations, Liquidated Damages

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David DeMaio

Florida Appellate Court Shuts Down Financial Discovery on Employers: The Buck Stops Here

On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an… more

Appeals, Discovery, Employment Discrimination, Employment Litigation, Petition for Writ of Certiorari

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Lee Gibbs Depret-Bixio

Green Card Applications: USCIS Removes the 60-Day Rule for Medical Examinations

On March 31, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record,… more

Adjustment of Status, Filing Deadlines, Foreign Nationals, Green Cards, I-485 Applications

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Colleen DeRosa

Illinois’ New COVID-19 Shelter-in-Place Order: Top 10 Changes Employers Need to Know

On April 30, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-32, Executive Order in Response to COVID-19. The new order modifies the previous shelter in place order and is effective May 1 to May 30, 2020… more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Pritzker, Operators of Essential Services

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Katie Desmond

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended funding… more

Appropriation, Continuing Resolution, Department of Labor (DOL), E-3, Federal Budget

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Julie Devine

Compensation Policies Under Scrutiny: Federal Court Conditionally Certifies Class of Female Faculty Physicians in EPA Case

On September 28, 2017, the U.S. District Court for the Central District of Illinois granted conditional collective action certification in Ahad v. Board of Trustees of Southern Illinois University, a case under the Equal Pay Act… more

Class Certification, Employer Liability Issues, Equal Pay Act, Fair Labor Standards Act (FLSA), Physicians

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Kaitlyn Dhar

USCIS Updates O-1 Guidance With Focus on STEM-Related Government Grants

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1A nonimmigrants of extraordinary ability in the science, technology, engineering, and mathematics (STEM) fields. Notably, the… more

Federal Grants, Guidance Update, Immigration and Nationality Act, STEM, USCIS

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Mark Diana

Federal Lawsuit in New York Raises Questions About Remote Workers’ Rights Under State WARN Laws

The media companies Paramount Global and CBS Interactive, Inc., are facing a class-action lawsuit in federal court over recent layoffs, which allegedly occurred without the proper warning. The outcome of the case may shed light… more

CBS, Class Action, Corporate Counsel, Employee Rights, Employment Litigation

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Kiosha Dickey

EEOC Opens 2024 EEO-1 Reporting Platform With Hard Filing Deadline on June 24, 2025

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1 Component 1 data collection filing platform with a hard deadline for all filings of 11:00 p.m. (EDT) on June 24, 2025… more

Civil Rights Act, EEO-1, Electronic Filing, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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John Dickman

Chicago Paid Leave and Paid Sick Leave Ordinance Delayed to July 2024

The Chicago City Council voted on December 13, 2023, to amend the effective date of the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance from December 31, 2023, to July 1, 2024… more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Patrick DiDomenico

Compass: Insights And Direction For Employers - January 2019

Did you know that the 2018 midterm elections set a record as the first midterm to exceed voter turnout of 100 million people? In this issue, we will talk about the impact of the 2018 midterms for employers as well as topics such… more

Artificial Intelligence, Change in Control, Corporate Management, Decriminalization of Marijuana, Drug Testing

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Jamie Dietz

H-1B Cap Quickly Approaching for FY 2023

While H-1B cap efforts remain underway for fiscal year (FY) 2022, employers may want to push forward now with preparations for FY 2023 H-1B cap season. (According to U.S. Citizenship and Immigration Services (USCIS), the… more

Electronic Filing, Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Jesse Dill

Workplace Socializing May Change as Gen Z Employees Drink Less

Research shows that Gen Z employees, ages twenty-one to twenty-eight, are less likely to drink alcohol than previous generations, which may impact how they feel about work-related events that include drinking… more

Compensation & Benefits, Diversity and Inclusion Standards (D&I), Employee Engagement, Employees, Employer Responsibilities

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W. Kyle Dillard

Virginia Issues Permanent COVID-19 Standard

In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for COVID-19. In so doing, Virginia became the first state to issue such a temporary… more

Coronavirus/COVID-19, Emergency Rule, Health & Safety Standard, Health and Safety, Infectious Diseases

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Carmen DiMaria

New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave… more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Nikolas Djordjevski

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the… more

Appeals, Commercial Truck Drivers, FMCSA, Motor Carriers, Preemption

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Julie Donahue

Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate… more

Employer Mandates, Employment Policies, Family and Medical Leave Act (FMLA), Governor Deal, New Regulations

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Luke Donohue

Atlanta Mayor Issues Indoor Mask Mandate Due to CDC Guidance and Increase in COVID-19 Cases

On July 28, 2021, Atlanta Mayor Keisha Lance Bottoms issued an indoor mask mandate via executive order that requires “all persons in an entity or a public place [to] wear a facial covering or mask over the mouth and nose at all… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, Masks, Municipalities

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Daniel Donovan

Seventh Circuit Rules Forfeiture-for-Competition Clauses Under Delaware Law Enforceable and Not Subject to Reasonableness Review

In 2021, LKQ Corporation (LKQ) filed suit against Robert Rutledge, its former plant manager, in the U.S. District Court for the Northern District of Illinois. LKQ alleged that Rutledge’s working for a competitor within nine… more

Appeals, Breach of Contract, Choice-of-Law, Delaware, Employment Litigation

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Caroline Donze

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements for… more

Arbitration, Biden Administration, Employer Liability Issues, Federal Labor Laws, Hostile Environment

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William Doran

How a Game-Changing Supreme Court Decision Affects MSHA

Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law… more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, FMSHA

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Monique Gougisha Doucette

Workplace Investigations in 2022: Ringing in the New Year on the Right Foot

According to a poll conducted during an Ogletree Deakins webinar in 2021, 70 percent of approximately 1,200 attendees had experienced an increase in internal workplace complaints. In addition, a recently published outlook for… more

Complaint Procedures, Corporate Culture, Employee Training, Employer Liability Issues, Employment Policies

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Adam Dougherty

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days? The… more

Americans with Disabilities Act (ADA), Chevron Deference, Civil Rights Act, Employment Discrimination, Employment Litigation

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Bruce Douglas

Minnesota Employment Legislative Update 2025, Part IV: Special Session Roundup

On June 14, 2026, Minnesota Governor Tim Walz signed into law legislation passed during a one-day legislative special session that includes new employment laws or amends existing employment laws… more

Amended Legislation, Employee Benefits, Employee Rights, Employer Responsibilities, Governor Walz

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L. Eric Dowell

Four Key (and Surprising) Points for Navigating FMLA Leave

Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee… more

Family and Medical Leave Act (FMLA), Maternity Leave, Medical Leave, Paid Family Leave Law, Paid Leave

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Julia Drafahl

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are… more

Colleges, Department of Labor (DOL), Educational Institutions, Exempt-Employees, Fair Labor Standards Act (FLSA)

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John Drake

Indiana Appeals Court Rejects Noncompete That Prevented Work in Any Capacity

On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job at a… more

Appeals, Appellate Courts, At-Will Employment, Contract Terms, Corporate Officers

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Aimee Dreiss

Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans

Employers may soon find themselves reviewing and revising health plan master documents and summary plan descriptions (SPDs) and administrative service agreements with respect to an obscure claims administration practice known as… more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Sean Driscoll

New 2015-2016 Employment Laws for Oregon Businesses

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed, that… more

Ban the Box, Best Management Practices, Employment Policies, Hiring & Firing, Kate Brown

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Andrew Drozdowski

Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge

In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions… more

Constitutional Challenges, Executive Orders, Fourteenth Amendment, Immigration Enforcement, Injunctions

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Sandi Dubin

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to… more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Employer Liability Issues, Employment Policies

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Janice Dubler

Pivotal Labor and Employment Law Issues in 2025: Healthcare

Employers in the healthcare industry will navigate a landscape marked by rapid change and evolving challenges over the course of 2025, including those related to labor organizing, workplace safety, noncompete agreements, pay… more

Department of Homeland Security (DHS), Department of Labor (DOL), Federal Trade Commission (FTC), Health Care Providers, Immigration Procedures

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René Duckworth

Fido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)

Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles people… more

Americans with Disabilities Act (ADA), Misrepresentation, New Regulations, Service Animals

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William Duda

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior… more

Audits, Child Labor, Civil Monetary Penalty, Compliance, Department of Labor (DOL)

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Todd Duffield

Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be… more

Contract Terms, Employment Contract, Employment Litigation, Enforceability, Former Employee

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D.A. Duggar

Worried About OSHA Silica Compliance? Not if You’re in One of These Five States

With the Occupational Safety and Health Administration’s (OSHA) silica standard already in effect for the construction industry and about to go into effect in June of 2018 for general industry, many employers are anxious about… more

Construction Industry, Employer Liability Issues, Health and Safety, New Rules, Occupational Exposure

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Samantha Dunton-Gallagher

When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck… more

Appeals, Attorney's Fees, Employment Litigation, Fair Labor Standards Act (FLSA), Liquidated Damages

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Larkin Dykstra

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025… more

Department of Homeland Security (DHS), Department of Labor (DOL), Filing Deadlines, Foreign Workers, H-2B

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Meagan Dziura

DHS Announces Termination of Afghanistan TPS Effective July 2025

On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the Temporary Protected Status (TPS) for Afghanistan will be terminated effective July 14, 2025. The current TPS designation for Afghanistan is scheduled… more

Afghanistan, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders, Foreign Nationals

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Miah Eaton

State Department Expands Consular Officer Authority to Waive Interview Requirements for Some Nonimmigrant Visa Applicants

The U.S. Department of State recently announced that effective January 1, 2024, consular officers have expanded discretionary authority to waive the in-person interview requirement for certain nonimmigrant visa applicants… more

Consulate, H-2B, Immigration Procedures, Interviews, Non-Immigrant Visas

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Elizabeth Ebanks

Remote Work for School Principal Is Not Reasonable ADA Accommodation If Physical Presence Is Essential, Federal Court Rules

The U.S. District Court for the Eastern District of Virginia recently rejected a school principal’s argument that remote work was a reasonable accommodation for her asthma and restrictive lung disease that she claimed were… more

Americans with Disabilities Act (ADA), Employment Litigation, Essential Functions, Reasonable Accommodation, Remote Working

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Kim Ebert

The Value Proposition

This article is reprinted with permission from the third edition of U.S. News – Best Lawyers “Best Law Firms.” Kim Ebert, the managing shareholder of Ogletree Deakins, was asked to contribute an article to the third edition of… more

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Michael Oliver Eckard

USERRA in the Spotlight: What the Latest Domestic Deployments Mean for Your Workforce

When President Donald Trump sent National Guard troops to Los Angeles and Washington, D.C., in recent months, some private employers faced unplanned leaves of absence. Here are some considerations for employers to keep in mind… more

Corporate Counsel, Employee Benefits, Employer Responsibilities, Employment Policies, Human Resources Professionals

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Theresa Donahue Egler

Yule Time Tips, Part III: Holiday Gifts Under Increasing Scrutiny

During the holidays, many of us like to show our appreciation to clients by sending gifts or entertaining them with special dinners or other fun and festive celebrations of the season. But be careful. Corporate gift policies… more

Corporate Gifts, Holiday Gifts, Holidays

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Rachel Ehlermann

The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Mail-In Ballots, NLRA, NLRB

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Robert Ellerbrock, III

Bankruptcy and Benefits Beyond a Crisis: How Chapters 11 and 7 Affect Retirement and Welfare Plans

Businesses large and small have been affected by the coronavirus crisis. It seems that no industry has been spared economic hardship. As many states prepare to reopen their economies, there are some businesses that will not be… more

Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy, Coronavirus/COVID-19

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Kyle Elliott

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement,… more

Anti-Discrimination Policies, Employee Rights, Employer Liability Issues, Governor Northam, Hiring & Firing

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Cameron Ellis

Pay Transparency Update: Summer 2025

As employers move into the second half of 2025, pay transparency continues to expand across the states. And, perhaps, enforcement is starting to keep pace with legislative activity… more

Corporate Counsel, Disclosure Requirements, Enforcement Actions, Local Ordinance, Multistate Employers

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Jansen Ellis

Compass: Insights And Direction For Employers - July 2019

This month marks the 55th anniversary of the Civil Rights Act of 1964. This monumental legislation, which was signed into law by President Lyndon B. Johnson on July 2, 1964, changed the course of history with its sweeping ban on… more

Department of Labor (DOL), EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Labor Regulations

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Sasha Ellis

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State… more

Anthem Blue Cross, Cybersecurity, Employment Policies, Enforcement Statistics, Equal Employment Opportunity Commission (EEOC)

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Rebecca Emery

UK Government Launches Single Reporting Portal for Modern Slavery Act Obligations

Following the Home Office’s 2020 response to the 2019 ‘Transparency in Supply Chains Consultation’, the UK government has launched an online central registry of statements published in compliance with requirements under section… more

Compliance, Corporate Governance, Corporate Social Responsibility, Forced Labor, Human Trafficking

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Stesha Emmanuel

Rhode Island Bars Workplace Discrimination Based on Menopause Symptoms

On June 24, 2025, Rhode Island enacted a law barring employers from discriminating against workers because of their menopause symptoms. The law requires employers to provide reasonable accommodations for workers experiencing… more

Employee Rights, Employer Responsibilities, Employment Discrimination, New Legislation, Notice Requirements

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Charles Engeman

Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements

Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States… more

Arbitration, Arbitrators, Babcock & Wilcox Construction, Collective Bargaining, Collective Bargaining Agreements (CBA)

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Jennifer Englander

New Louisiana Laws Will Impact Employers

In recent months, the Louisiana Legislature has passed several bills that have been signed into law, which will affect Louisiana employers. These new laws are effective August 1. In addition, the governor signed an executive… more

Employee Tracking, Employer Mandates, Federal Contractors, Governor Edwards, Hiring & Firing

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Morgan Pike Epperson

‘What Is a Woman?’ Alabama Governor Signs Bill Declaring There Are Only Two Sexes

On February 13, 2025, Alabama Governor Kay Ivey signed into law Senate Bill 79 / Act 2025-3, declaring that there are only two sexes, male and female. Originally introduced on February 4, 2025, the legislation amends Alabama… more

Anti-Discrimination Policies, Employment Discrimination, Equal Protection, Gender Identity, Governor Ivey

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Brodie Erwin

COVID-19 & Cyber Security: Protecting Trade Secrets and Confidential Information During the Telework Boom

In response to the COVID-19 pandemic, some parts of the country are now in the third month of a lockdown. As a result of the lockdown, a large portion of U.S. businesses quickly transitioned their workforces to telework in the… more

Confidential Information, Coronavirus/COVID-19, Cybersecurity, Remote Working, Telecommuting

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Rick Etter

August 2022 Updates to Pennsylvania’s Overtime Rules for Salaried Nonexempt Employees

On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect. This article focuses exclusively on the new… more

Fair Labor Standards Act (FLSA), Non-Exempt Employees, Over-Time, Salaried Employees, State Labor Laws

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Sarah Jung Evans

Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe… more

Coronavirus/COVID-19, Covered Employer, Executive Orders, Governor Brown, Governor Polis

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Gretchen Ewalt

OFCCP Issues National Interest Exemption for Certain Contractors Providing Hurricane Florence Relief

On September 17, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a National Interest Exemption (NIE) for certain employers that assist in Hurricane Florence relief activities. Under the NIE, contracting… more

EEO, Emergency Response, Federal Contractors, Hurricane Florence, National Interest Waiver

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Elizabeth Falcone

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”… more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Faragher/Ellerth defense, Harassment

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Douglas Farmer

California Publishes Detailed List of Essential Workers Exempt from Stay-At-Home Order

On March 19, 2020 California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents to stay at home, except as necessary to maintain “essential critical infrastructure sectors.” The order left open the… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Newsom, Shelter-In-Place

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Bryce Farrington

Costa Mesa, California, Enacts Premium Pay Ordinance for Retail Grocery and Pharmacy Workers

On March 16, 2021, the City Council of Costa Mesa, California, passed an urgency ordinance establishing premium pay for retail grocery and pharmacy workers during the COVID-19 pandemic. Costa Mesa is a large city in Orange… more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores

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Viki Farrior

Navigating Employee Retention Credit Denials and Delays

Employee retention credits (ERCs) have been a critical financial lifeline for businesses dealing with the effects of COVID-19. Designed to incentivize businesses to retain employees during the economic downturn caused by… more

CARES Act, Department of Justice (DOJ), Employee Retention, Internal Revenue Code (IRC), IRS

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Alex Farris

USCIS to Permit Reregistration for Syrians With TPS

On March 5, 2018, United States Citizenship and Immigration Services (USCIS) published an announcement in the Federal Register stating that it will permit current Syrian beneficiaries of temporary protected status (TPS) to… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Syria, Temporary Protected Status, Time Extensions

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Haseeb Fatmi

North Carolina Bill Would Expand Workplace Violence Prevention Act

North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass… more

Constitutional Challenges, Employee Rights, First Amendment, Labor Relations, Proposed Amendments

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Patrick Fazzini

2015 Will Usher In Increased FLSA Liability for Home Health Care Agencies

On Tuesday, September 17, 2013, the U.S. Department of Labor (DOL) issued a final rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to an estimated two million home health care workers… more

Companionship Exemptions, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Care, Minimum Wage

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David Feldman

Second Circuit Holds “Delivery Fee” Is Not a Gratuity for Delivery Drivers

In a 5-page summary order issued on March 5, 2020, the U.S. Court of Appeals for the Second Circuit held in Belizaire v. Ahold U.S.A., Inc., No. 19-457-cv, that the “delivery fee” paid by customers of Peapod LLC, a grocery… more

Appeals, Delivery Drivers, Employer Liability Issues, Fees, State Labor Laws

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Andrea Fellion

High Times in San Francisco: DA Promises To Expunge Cannabis Convictions Without Petitions

During the November 8, 2016 statewide general election, California voters enacted the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). The AUMA authorizes licensed sellers to sell recreational use marijuana, or… more

Convictions, Criminal Convictions, Decriminalization of Marijuana, Expungement, Marijuana

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Lina Fernandez

Termination Requirements Around the Globe

In the realm of global employment, the concept of termination payments can be a complex and often surprising issue for U.S.-based employers. Unlike in the United States, where the at-will employment doctrine generally allows… more

Employee Benefits, Employer Liability Issues, Hiring & Firing, International Labor Laws, Popular

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Jesse Ferrantella

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys General… more

Appeals, Article III, Bonuses, Corporate Counsel, Employment Litigation

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John Ferrer

NLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose Protection Under Federal Labor Law

If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision issued by the National Labor… more

Employee Rights, NLRA, NLRB, Obscenity

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Nicole Fink

Important U.S. Visa Update for Children in China - What Parents Should Know

Effective June 10, 2025, the U.S. Embassy and Consulates General in China have implemented important updates to the nonimmigrant visa application process for applicants under the age of fourteen. These changes are designed to… more

China, Consulate, Filing Requirements, Government Agencies, Immigration Procedures

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H. Ellis Fisher

NLRB Issues New Guidance on At-Will Disclaimers

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks and… more

At-Will Employment, Employee Handbooks, Employment Contract, NLRA, NLRB

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Sarah Fisher

Arizona’s New Heat Safety Executive Order: What to Know as Temperatures Rise

On May 22, 2025, Arizona Governor Katie Hobbs signed Executive Order (EO) 2025-09 as part of the state’s broader initiative to enhance worker safety amid rising summer temperatures… more

Employer Responsibilities, Executive Orders, General Duty Clause, Government Agencies, Heat Exposure

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Ayumary Fitzgerald

USCIS Settlement Agreement Provides Some Relief to H-4 and L-2 Spouse EAD Renewal Applications

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas. The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal Employment… more

Class Action, Employment Authorization Documents (EAD), Foreign Nationals, Form I-9, H-4 Spouses

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Joseph Flanagan

New York State Department of Financial Services Releases Guidance on Combating Cybersecurity Risks Associated With AI

On October 16, 2024, the New York State Department of Financial Services (NYDFS) released guidance highlighting the cybersecurity risks associated with artificial intelligence (AI) and how covered entities regulated by NYDFS can… more

Artificial Intelligence, Biometric Information, Covered Entities, Cyber Threats, Cybersecurity

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Anne Flanegan

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act… more

ADEA, Corporate Counsel, Disparate Impact, Disparate Treatment, En Banc Review

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Flyn Flesher

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is supervised… more

Fair Labor Standards Act (FLSA), Over-Time, Settlement, Wage and Hour, Wages

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Kathryn Fletcher

Washington State Adopts New, Permanent Wildfire Smoke Regulations

On December 14, 2023, the Washington State Department of Labor and Industries (L&I) finalized and adopted new rules focused on protecting workers from wildfire smoke hazards that take effect on January 15, 2024… more

Natural Disasters, New Regulations, Severe Weather, State and Local Government, Wildfires

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Jeanne Floyd

Proposed Rule Aims to Resurrect Health Reimbursement Arrangements

Under a proposed rule that the Department of Labor (DOL), Department of the Treasury, and the Department of Health and Human Services (HHS) jointly issued on October 29, 2018, employers may soon have more flexibility to fund… more

Affordable Care Act, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans

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Cameron Flynn

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys General… more

Appeals, Article III, Bonuses, Corporate Counsel, Employment Litigation

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Grant Follis

New York City Private Employer Vaccination Mandate Remains, but Exemptions Expanded for Athletes and Performing Artists

On March 24, 2022, New York City Mayor Eric Adams signed Emergency Executive Order No. 62, which expands an exemption to New York’s vaccination order for private-sector workers to include athletes and performing artists who… more

Athletes, Coronavirus/COVID-19, Employer Mandates, Exemptions, Municipalities

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Margaret Foss

New Illinois Labor and Employment-Related Laws Cover E-Verify, ‘Captive Audience Meetings,’ Noncompetition, AI, and More

The Illinois General Assembly had a busy year in 2024 drafting new legislation that was signed by Governor J.B. Pritzker and took effect on January 1, 2025. The following article summarizes important legal advancements in… more

Artificial Intelligence, Child Labor, E-Verify, Employee Rights, Employer Responsibilities

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Heather Fossity

Oregon Enacts Wage Deduction Transparency Law

Oregon law requires employers to provide employees with itemized wage statements on regular paydays. Such statements must include details, such as date of payment, dates of work covered, employee’s name, employer’s name and… more

BOLI, Employee Rights, Employer Responsibilities, New Legislation, Pay Transparency

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Tiaundra Foster

Supreme Court Requires But-For Causation for Section 1981 Claims

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and… more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

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James Fowles, III

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from… more

Bargaining Units, Collective Bargaining, Community of Interest, NLRA, NLRB

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Curtis Fox

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As we… more

Appellate Courts, Confidential Documents, Criminal Prosecution, Discrimination, Indictments

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Eric Fox

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The court… more

Arbitration, Arbitration Agreements, Arbitration Fees, Burden of Proof, CA Supreme Court

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Michael Fox

What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly… more

Corporate Counsel, Religion, Religious Discrimination

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Timothy Fox

The Data Is In - California Class Action and PAGA Filings to Hit New Highs

New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state… more

Arbitration, Arbitration Agreements, Class Action, Corporate Counsel, Employer Liability Issues

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Simone Francis

New York City’s Amended Rules for Paid Prenatal Leave: What Employers Need to Know

Following a public hearing and comment period, on June 3, 2025, New York City adopted the Department of Consumer and Worker Protection’s (DCWP) proposed amended paid prenatal leave rules, which will go into effect on July 2,… more

Comment Period, Employee Benefits, Employer Responsibilities, Local Ordinance, Paid Leave

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Andrew Duke Frederick

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new… more

Americans with Disabilities Act (ADA), Compliance, Employer Liability Issues, Family and Medical Leave Act (FMLA), Form I-9

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Nailah Freeman

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that conclusion,… more

Administrative Appeals, Appeals, First Impression, Hiring & Firing, Personal Representatives

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Harris Freier

Frequently Asked Questions About the New Jersey Data Protection Act, Effective January 15, 2025

The New Jersey Data Protection Act (NJDPA), N.J. Stat. § 56:8-166.4 et seq., will go into effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws… more

Consent, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

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Wade Fricke

NLRB Strips Employer of Dancers’ Independent Contractor Status

In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club in… more

Administrative Law Judge (ALJ), Dancers, Employee Definition, Independent Contractors, Misclassification

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Sonja Fritts

Washington State’s Paid Sick and Safe Leave Update: The Administrative Regulations Are Finally Final

Washington’s Department of Labor and Industries has now concluded its process for drafting and finalizing the regulations for implementing Washington’s paid sick leave law, which becomes effective on January 1, 2018. Now… more

Employer Mandates, Final Rules, Paid Leave, Sick Leave, Wage and Hour

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David Froiland

Considerations for Life Sciences Employers When Planning Reductions in Force

Life sciences employers have been impacted by various market forces in the last several years, and the recent economic turbulence is only adding to the challenges they face… more

Employee Rights, Employment Discrimination, Hiring & Firing, Layoffs, Life Sciences

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Shir Fulga

The Latest Changes to the Ontario Employment Standards Act, 2000

Several 2024 amendments to the Ontario Employment Standards Act, 2000 (ESA) will be implemented in summer 2025, and more new requirements will take effect starting in 2026. Below is a detailed overview of these changes,… more

Amended Legislation, Artificial Intelligence, Compensation & Benefits, Employee Benefits, Employee Rights

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Valerie Fulton

Combatting the Shortage of Home Care Workers: Going Co-Op?

With the number of U.S. residents aged 65 and older projected to more than double from 46 million today to over 98 million by 2060, home care agencies face a litany of difficulties. Among these are that home care agency owners… more

Centers for Medicare & Medicaid Services (CMS), Co-Op, Department of Labor (DOL), Health Care Providers, Home Health Agencies

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Michael Furlong

The Illinois Shutdown Order: Answers to Employers’ FAQs

On March 20, 2020, Illinois Governor J.B. Pritzker issued Executive Order (EO) 2020-10, directing all residents to stay at home except as necessary for essential activities and government functions and to operate essential… more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Executive Orders

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Sarah Gable

Merry and (Loper) Bright: Where the Impact of the Supreme Court’s Decision Stands This Holiday Season

Over the last six months, federal and state courts have been unwrapping the landmark Supreme Court of the United States decision in Loper Bright Enterprises v. Raimondo and navigating a new legal landscape that challenges… more

Administrative Agencies, Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Catherine Gallagher

California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says

On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020 - known as a request… more

Corporate Counsel, DFEH, Pay Data, Reporting Requirements, State Labor Laws

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Cheyna Galloway

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential… more

ADEA, Appellate Courts, Collective Actions, Discovery, Eli Lilly

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José Galvan

Plaintiff’s Employment Discrimination Civil Action Is Timely - Until It Is Not

A district judge for the U.S. District Court for the Eastern District of Virginia recently dismissed a case due to the plaintiff’s failure to file suit within the allotted time identified in the notice of right to sue (NRTS)… more

Dismissals, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Equitable Tolling

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Donald Gamburg

Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance - which was passed by the Philadelphia… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Leigh Ganchan

States Redraw the Rules on Child Labor

Child labor laws have changed in several states this year with some states tightening restrictions on child labor and other states loosening their rules. California, Indiana, Michigan, Nevada, and Virginia are among the states… more

Amended Legislation, Child Labor, Department of Labor (DOL), Enforcement Actions, Fair Labor Standards Act (FLSA)

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Maria Fernanda Gandarez

New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the… more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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David Augustus Garcia

Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve been… more

Admissible Evidence, Corporate Counsel, Discrimination, Employer Liability Issues, Evidence

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Maria Elena Sotomayor Garcia

Mexico’s Unit of Measure and Update to Increase on February 1, 2019

On January 9, 2019, Mexico’s National Institute of Statistics and Geography issued an official press release regarding the daily, monthly, and annual value of the Unit of Measure and Update (UMA) that will become effective on… more

Collective Bargaining Agreements (CBA), Employee Benefits, Mexico, Press Releases, Unit of Measure and Update (UMA)

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Alexandria Gardella

What Does S.B. 215, Ohio’s New Firearms Law, Mean for Employers?

Currently, in the state of Ohio, in order to obtain a concealed handgun license, which is valid for five years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee, pass a background check,… more

Concealed Carry Permit, Concealed Weapons, Employee Handbooks, Employment Policies, Firearms

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Arianna Gardner

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding… more

Amended Legislation, Employee Privacy Rights, Employee Rights, Employer Responsibilities, Filing Deadlines

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Dennis Gardner

U.S. Department of Transportation Approves Oral Fluid Testing for Drug Testing

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing… more

Department of Transportation (DOT), Drug Testing, Employment Policies, Final Rules, Transgender

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Laura Garger

OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans

On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans in… more

Affirmative Action, Apprenticeships, Federal Contractors, Guidance Update, Hiring & Firing

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James Nicholas Garilas

Laken Riley Act Could Impact U.S. Visa Stamping for Certain Foreign Nationals

On January 29, 2025, President Trump signed the first bill of his second presidential term into law. The legislation, named the Laken Riley Act, gives substantial power to state attorneys general (and other authorized state… more

Department of Homeland Security (DHS), Department of Justice (DOJ), Foreign Nationals, Immigration Procedures, New Legislation

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Burton Garland Jr.

Right-to-Weed States: Assessing Impairment and Managing Employee Conduct in the Workplace

On May 9, 2023, the Washington state governor signed a law that will make it unlawful for employers to discriminate against hiring a person based on their marijuana usage, making Washington the latest state to become a… more

Best Management Practices, Drug Testing, Employment Policies, Marijuana, Medical Marijuana

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Timothy Garnett

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final… more

Amazon, Bullying, Discrimination, Email, Fair Labor Standards Act (FLSA)

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Vanessa Garrido

Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Disability, Employer Liability Issues, First Impression

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KyraAnne Gates

California Court of Appeal Upholds Company’s Rounding Practices

Many California employers round employees’ clock-in and clock-out times to the closest quarter hour, tenth of an hour, or five-minute interval. This practice is commonly referred to as “rounding.”… more

Appeals, Employer Liability Issues, Employment Litigation, Wage and Hour

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L. Gray Geddie

Fourth Circuit Joins D.C. Circuit In Striking Down NLRB Notice Posting Rule

In a resounding victory for employers across the nation, the Fourth Circuit Court of Appeals affirmed a recent decision of the U.S. District Court for the District of South Carolina, striking down the National Labor Relations… more

NLRA, NLRB, Notice Requirements, Posting Requirements

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Scott Gedeon

Ohio Becomes 24th State to Legalize Recreational Use of Marijuana: 7 Key Considerations for Employers

On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the… more

Decriminalization of Marijuana, Department of Transportation (DOT), Drug Testing, Drug-Free Workplace Act, Election Results

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Stephanie Generotti

Florida Legislature Introduces Three New Bills Aimed at Strengthening Florida’s E-Verify Law

Several bills introduced by Florida legislators aim to strengthen Florida’s E-Verify law—particularly by eliminating the twenty-five–employee minimum for use of the database—and include increased penalties for noncompliance… more

E-Verify, Independent Contractors, Penalties, Proposed Legislation, State Labor Laws

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John Gerak

FDIC Closing in on Implementing the Fair Hiring in Banking Act With Proposed Regulations for Section 19

The Federal Deposit Insurance Corporation (FDIC) is close to finalizing revisions to regulations regarding Section 19 of the Federal Deposit Insurance Act to align them with the Fair Hiring in Banking Act (FHBA), which eased the… more

Banking Sector, Banks, Criminal Records, FDIC, Financial Institutions

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Thomas Gerard

2025 ACA Compliance Updates: Essential Insights for Employers

As we turn the page to 2025, employers and HR professionals are turning their attention to ensuring compliance with the reporting and disclosure requirements of the Affordable Care Act (ACA)… more

Affordable Care Act, Benefit Plan Sponsors, Biden Administration, Compliance, Disclosure Requirements

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John Getty

Florida Teachers Union Fails to Upend Law on Dues and Recertification Requirements for Public-Sector Unions

On July 24, 2024, Judge Mark Walker of the U.S. District Court for the Northern District of Florida dealt Florida teachers unions a critical blow in their attempt to overturn Senate Bill (SB) 256 regarding public-sector union… more

Amended Legislation, Collective Bargaining Agreements (CBA), Public Sector, Public Sector Unions, Recertification

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Shafeeqa Giarratani

Federal Judge Clarifies Scope of Preliminary Injunction Enjoining President Trump’s DEI-Related Executive Orders

On March 10, 2025, a federal judge in Maryland clarified the scope of the nationwide preliminary injunction that enjoins key portions of two of President Donald Trump’s diversity, equity, and inclusion (DEI)–related executive… more

Article III, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions

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Sheri Giger

EEOC Issues Proposed Pregnant Workers Fairness Act Regulations

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) will publish its proposed regulations on the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA became effective on June 27, 2023,… more

Americans with Disabilities Act (ADA), Comment Period, Duty to Accommodate, Equal Employment Opportunity Commission (EEOC), Lactation Accommodation

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Alexandra Gill

Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness… more

Burden of Proof, Disqualification, Hiring & Firing, Unemployment Benefits, Willful Misconduct

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Taylor Gillan

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,… more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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Charles Gillman

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and… more

E-1, E-2, E-3, Foreign Students, H-1B

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Denise Giraudo

Amendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for Employers

The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain other situations, was… more

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Matthew Gizzo

New York’s 2025–26 Budget Includes Immediate Labor Law Reforms, Important Changes to Pay Frequency Laws

New York’s governor and state legislature have finally stumbled to completion of this year’s budget negotiations and enacted legislation as part of the 2025–26 state budget, which includes significant amendments to the New York… more

Amended Legislation, Employee Rights, Employer Responsibilities, Labor Law Violations, Liquidated Damages

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Julie Gladstone

California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the… more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Labor Code, Over-Time

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John C. Glancy

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions come… more

Competition, Defend Trade Secrets Act (DTSA), Entrepreneurs, Executive Orders, Non-Compete Agreements

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Benjamin Glass

NLRB Throws in the Towel on Notice Posting Rule

In the end, the notice posting rule proposed by the National Labor Relations Board (NLRB) died not with a bang, but with a whimper. The NLRB’s proposed rule was earlier struck down by both the Fourth Circuit Court of Appeals and… more

NLRB, Notice Requirements

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James Glunt

New EEOC Resource Document: More Questions Than Answers About Return-From-Leave Under the ADA

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should… more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Medical Leave, Reasonable Accommodation, Resource Guide

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Linda Goldman

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate… more

Article III, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), First Amendment

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Rio Gonzalez

More Buzz in Connecticut on Medical Marijuana in the Workplace

A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC… more

Attorney's Fees, Disability Discrimination, Drug Testing, Employer Liability Issues, Employment Litigation

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Ruthie Goodboe

Can Employees Refuse to Return to Work Because of COVID-19?

Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, NLRA, NLRB

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Amanda Goodman

DHS Final Rule: 540-Day Automatic EAD Extension Period Is Now Permanent

The U.S. Department of Homeland Security (DHS) has announced a critical update for Employment Authorization Document (EAD) renewal applicants. Starting January 13, 2025, the automatic extension period for eligible EAD renewals… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Final Rules, Time Extensions

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Kara Goray

DOJ Increases Civil Monetary Penalties for Immigration-Related Violations to Adjust for Inflation

Effective February 13, 2024, the U.S. Department of Justice (DOJ) increased civil monetary penalties, for violations occurring after November 2, 2015, including those related to immigration… more

Civil Monetary Penalty, Compliance, Department of Justice (DOJ), Employer Liability Issues, Enforcement Actions

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Evan Gordon

Parole Programs for Cuban, Haitian, Nicaraguan, and Venezuelan Nationals Terminated by DHS

On March 25, 2025, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register announcing the immediate termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs… more

Cuba, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders, Foreign Nationals

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Susan Gorey

Key State Laws Set to Take Effect on January 1, 2025

A wave of new state legislation ready to take effect on January 1, 2025, will reshape employment law across the United States, introducing crucial updates on paid family leave, anti-discrimination protections, workplace safety,… more

Anti-Retaliation Provisions, Child Labor, Compliance, Employment Discrimination, Medical Marijuana

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Kathryn Gray

Essential Information for Employers on Alabama’s Unemployment Benefits and COVID-19

The coronavirus pandemic has resulted in critical changes to workforces across the United States. In the state of Alabama, there have been more than 306,000 unemployment claims filed since March 16, 2020… more

CARES Act, Coronavirus/COVID-19, Relief Measures, Shelter-In-Place, State Labor Departments

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Sierra Gray

New York City Council Proposes Amendments to Pay Transparency Law

On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go… more

Hiring & Firing, Job Applicants, Local Ordinance, Pay Transparency, Posting Requirements

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Angela Green

Breaking News: Federal Judge Hears Overtime Challenge and Promises to Rule Soon

Revised overtime regulations are still scheduled to take effect on December 1, 2016, but an effort to halt them remains alive. Judge Amos L. Mazzant, a federal judge for the Eastern District of Texas, held a hearing today on a… more

Case Consolidation, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary

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Meredith Gregston

Hawaii Catches the Wave, Bans Salary History Inquiries

On July 5, 2018, Hawaii Governor David Ige signed Senate Bill 2351, thereby enacting a state law prohibiting employers from inquiring into an applicant’s salary history. This adds Hawaii to the continually growing list of states… more

Employer Liability Issues, Governor Ige, Hiring & Firing, Job Applicants, New Regulations

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Carly Grey

Federal Budget Reconciliation Bill Changes HSA Rules and Impacts Income Taxes

On July 4, 2025, President Donald Trump signed a comprehensive budget reconciliation bill into law, loosening rules around health savings accounts (HSAs), extending telehealth relief, and providing additional income tax relief… more

Budget Reconciliation, Employee Benefits, Fringe Benefits, Health Insurance, HSA

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Katrina Grider

The Future of Diversity and Inclusion Training: The OMB Memo Prohibiting Certain Training in the Federal Government

On September 4, 2020, Russell Vought, the director of the Office of Management and Budget (OMB), issued an agency-wide memo regarding diversity and inclusion training in the federal workforce. The OMB memo states: It has come… more

Bias, Civil Rights Act, Colleges, Diversity, Diversity and Inclusion Standards (D&I)

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William Grob

Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal

On April 8, 2025, a judge of the U.S. District Court for the Northern District of Florida denied a motion to dismiss a former University of Florida quarterback recruit’s lawsuit alleging fraud by head football coach Billy Napier… more

College Athletes, Colleges, Dismissals, Fraud, Name and Likeness

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Matthew Groban

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Justin Grose

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against… more

Appeals, Civil Rights Act, Corporate Counsel, Department of Labor (DOL), Economic Realities Test

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S. Rae Gross

Michigan OSHA Issues Emergency Rules Related to COVID-19

The Michigan Occupational Safety and Health Administration (MIOSHA) has issued emergency health and safety rules aimed at controlling, preventing, and mitigating the spread of COVID-19. The emergency rules, which Governor… more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, MI Supreme Court, Public Health Emergency

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Caroline Guest

Final Key Provisions of Oregon’s Workplace Fairness Act Take Effect October 1, 2020

In the summer of 2019, Oregon enacted the Oregon Workplace Fairness Act (SB 726), which imposed sweeping new requirements on Oregon employers in response to the #MeToo movement. Although some of the law’s provisions took effect… more

#MeToo, Anti-Discrimination Policies, Anti-Harassment Policies, Employee Training, Employer Liability Issues

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Greg Guidry

NLRB Modifies Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis that… more

Corporate Counsel, Employee Definition, Entrepreneurs, Gig Economy, Independent Contractors

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Lucie Guimond

Unpacking the Requirements of British Columbia’s Pay Transparency Act

Under British Columbia’s Pay Transparency Act, as of November 1, 2023, all B.C. employers are required to post wage and salary information on all of their public job postings… more

Canada, Job Ads, Pay Transparency, Posting Requirements, Reporting Requirements

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Christopher Guthrie

DOL Guidance Clarifies Expiration of COVID-19 Deadline Extension for Employee Benefit Plans

The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published EBSA Disaster Relief Notice 2021-01 in the nick of time on February 26, 2021. EBSA Disaster Relief Notice 2021-01 was released just… more

Benefit Plan Sponsors, Biden Administration, COBRA, Coronavirus/COVID-19, Corporate Counsel

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Jamie Haar

New York City’s Amended Rules for Paid Prenatal Leave: What Employers Need to Know

Following a public hearing and comment period, on June 3, 2025, New York City adopted the Department of Consumer and Worker Protection’s (DCWP) proposed amended paid prenatal leave rules, which will go into effect on July 2,… more

Comment Period, Employee Benefits, Employer Responsibilities, Local Ordinance, Paid Leave

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Darlene Haas Awada

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act… more

Employee Handbooks, Employee Rights, Employment Policies, Labor Regulations, Labor Relations

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Justin Haddad

Paid Leave Oregon’s New Rules Clarify Employee Benefit Information for Employers

Paid Leave Oregon is a wage replacement benefit program administered by the Oregon Employment Department meant to compensate employees who need to take time off work to care for and bond with a child following the child’s birth… more

Employee Benefits, Employee Rights, Employment Policies, Final Rules, New Legislation

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Sarah Hale

Oregon Employment Department Adopts Regulations to Clarify Administration of Paid Leave Oregon Benefits

On January 12, 2024, the Oregon Employment Department (OED) promulgated new regulations to clarify its procedures and criteria for implementing Paid Leave Oregon. As discussed further below, these regulations relate to benefits… more

Administrative Appeals, Domestic Violence, Employee Benefits, Hate Crimes, New Regulations

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Brooke Haley

Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act… more

Anti-Discrimination Policies, Damage Caps, Employer Liability Issues, Equal Pay, Hairstyle Discrimination

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Carolyn Hall

Ninth Circuit Revives Police Officers’ Age Bias Class Action Over Scrapped Exam

Stockwell v. City & County of San Francisco, No. 12-15070 (April 24, 2014): In a recent decision, the Ninth Circuit Court of Appeals diluted the Supreme Court of the United States’ holding in Wal-Mart Stores, Inc. v. Dukes, 131… more

ADEA, Age Discrimination, Appeals, Class Action, Class Certification

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Emily Halliday

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to… more

Appeals, Department of Labor (DOL), Disclosure Requirements, EEO-1, Exemptions

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Andrew Halverson

Louisiana Amends LWPA to Address Commissions, Incentive Payment Plans, and Bonuses to Give Greater Flexibility to Employers

Governor Jeff Landry recently signed into law Act No. 556, which updates the Louisiana Wage Payment Act (LWPA) to address commissions and plans for incentive payments and bonuses. The new law becomes effective on August 1, 2024… more

Amended Legislation, Bonuses, Compensation, Employee Benefits, Employee Handbooks

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Meredith Hamilton

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with their… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Employee Rights, Employer Responsibilities

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Jaclyn Hamlin

Reducing Salaries of Exempt Employees under the FLSA

As daily headlines have shown, the economic fallout from the COVID-19 pandemic has led businesses of all types to announce dramatic changes in workforce levels and employee pay. Many of these companies have made the decision to… more

Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Salaried Employees, Wage and Hour

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Christopher Hammon

Eleventh Circuit: Service Charges Are Wages, Not Tips, Under FLSA

On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees on… more

Appeals, Employment Litigation, Fair Labor Standards Act (FLSA), Fees, Hospitality Industry

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Sachiko Hanamura

USCIS Announces Noncitizen Registration Requirement

On February 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a registration and fingerprinting requirement for noncitizens present in the United States… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Immigration Procedures, Non-Citizens

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Lisa Hanchey

Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was an Independent Contractor

A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental law… more

Appeals, Employee Definition, Employer Liability Issues, Independent Contractors, Oil & Gas

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Heather Hanlon

The UK’s ‘Good Work Plan’ Imposes New Rules on Written Statements

The United Kingdom’s Good Work Plan amended Section 1 of the Employment Rights Act 1996 (ERA) to impose a new obligation on employers to provide all employees and workers with a written statement setting out key terms and… more

Contract Terms, Employment Contract, Employment Policies, Employment Rights Act, Good Work Plan

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Andro Hannoush

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an… more

Americans with Disabilities Act (ADA), Department of Veterans Affairs, Employment Litigation, Employment Policies, Family and Medical Leave Act (FMLA)

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Margaret Santen Hanrahan

Independent Contractor or Employee: DOL’s Latest Guidance on Employee Status

On July 15, 2015, the U.S. Department of Labor (DOL) issued guidance on determining whether a worker is an independent contractor in the form of an “Administrator’s Interpretation.” Describing independent contractor… more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

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Skye Hao

Remote Work in Puerto Rico: A Legal Update for Global Employers

Puerto Rico has recently relaxed its requirements for remote work, implementing significant changes. The first set of changes occurred in 2022 with the enactment of Law 52-2022… more

Employee Benefits, Employment Contract, Employment Policies, Fair Labor Standards Act (FLSA), Income Taxes

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W. Scott Hardy

Baseball Players Strike Out on Minimum Wage in Federal Spending Legislation

Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save… more

Appeals, Baseball, Class Action, Collective Bargaining, Collective Bargaining Agreements (CBA)

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Gregory Hare

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana… more

Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Decriminalization of Marijuana, Employment Policies

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Colin Hargreaves

MNDOLI Issues Guidance on Minnesota Statewide Paid Earned Sick and Safe Time Law

Looking ahead to January 1, 2024, when Minnesota’s statewide paid Earned Sick and Safe Time (ESST) law takes effect, the Minnesota Department of Labor and Industry (MNDOLI) issued guidance in the form of answers to frequently… more

Accrued Benefits, Earned Sick Time, Local Ordinance, New Guidance, Paid Time Off (PTO)

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Andrew Haring

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations to… more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Employer Liability Issues, Employment Policies

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Lauren Harrington

2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

The Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage… more

Ballot Measures, Medical Leave, Minimum Wage, Paid Sick Leave, Sick Leave

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Atoyia Scott Harris

New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquiries

On January 25, 2017, New Orleans Mayor Mitch Landrieu signed Executive Order MJL17-01, which prohibits questions about salary history during the application process for persons seeking employment with the City of New Orleans… more

Hiring & Firing, Local Ordinance, Municipalities, Pay Equity Laws, Public Employees

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David Harris, Jr.

#MeToo: Revisiting Policies in a Trending Workplace

From Twitter hashtags to news media talking points, #MeToo has come to powerfully symbolize what many have termed a “watershed moment” for modern American culture on the issues of sexual harassment and sex discrimination. And… more

Anti-Harassment Policies, Employee Training, Equal Employment Opportunity Commission (EEOC), Policies and Procedures, Public Relations

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Jonathan Harris

Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next to… more

Criminal Liability, First Amendment, Gender Identity, Governor Lee, LGBTQ

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John Harrison

Texas’ Open Carry Law: 3 Steps Hotels Should Take Before the New Year

The Texas statute allowing the open carrying of guns by licensed holders will become effective on January 1, 2016. Prior to this effective date, Texas hotel properties should consider following these three steps in an effort to… more

Employment Policies, Gun Laws, Hotels, Posting Requirements

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Josh Harrison

Alabama Eyes Portable Benefits for Freelancers and Gig Workers

Certain states have considered enacting legislation facilitating the creation of portable benefit accounts for independent contractors, including gig economy workers. These accounts attach to the individual worker rather than a… more

Employee Benefits, Gig Economy, Health Insurance, Independent Contractors, Pending Legislation

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Rodney Harrison

Seventh Circuit Refuses to Review Arbitrator’s Decision to Allow Expert-Prepared Accident Report

Last week, the Seventh Circuit Court of Appeals decided Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Company, No. 12-3415 (March 11, 2014)… more

Accident Reports, Arbitration, Arbitration Agreements, Train Accidents

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W. Chris Harrison

Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and… more

Adverse Employment Action, Corporate Counsel, Discrimination, Hiring & Firing, Military Service Members

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Stephen Hart

Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination

In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the Texas… more

Appeals, Employment Litigation, Human Rights Act, Retaliation, Sexual Orientation Discrimination

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Nicole Hartnett

Ninth Circuit Partially Affirms Preliminary Injunction of the Travel Ban

On January 27, 2017, President Trump issued Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” (EO1), which went into effect immediately. In EO1, the president invoked… more

Appeals, Executive Orders, Foreign Nationals, Preliminary Injunctions, Travel Ban

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Maja Hartzell

Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more… more

Bars, Business & Professions Code, Coronavirus/COVID-19, Emergency Orders, Executive Orders

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Emily Harvin

California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and… more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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John Hasman

NLRB Vacates Hy-Brand Decision Returning to BFI Joint-Employer Standard...For Now

In December 2017, the National Labor Relations Board (NLRB) issued a number of important decisions prior to the end of then chairman Philip Miscimarra’s term. One of those important decisions was Hy-Brand Industrial Contractors,… more

Appeals, Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA

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Omar Hassan

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,… more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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Alexandra Hassell

First Circuit Rules Inconsistent SSDI Statements Doom ADA Claim

In Pena v. Honeywell International, Inc., issued on July 22, 2019, the U.S. Court of Appeals for the First Circuit denied a former employee’s petition for rehearing en banc of the court’s April 26, 2019, decision addressing… more

Americans with Disabilities Act (ADA), Appeals, Disability Benefits, Employment Litigation, En Banc Review

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Alysonne Hatfield

Alabama Eyes Portable Benefits for Freelancers and Gig Workers

Certain states have considered enacting legislation facilitating the creation of portable benefit accounts for independent contractors, including gig economy workers. These accounts attach to the individual worker rather than a… more

Employee Benefits, Gig Economy, Health Insurance, Independent Contractors, Pending Legislation

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Jack Haverkate

Florida Enacts Immigration-Related Laws Expanding Law Enforcement, Restricting In-State Tuition, and Increasing Criminal Penalties

On February 13, 2025, Florida Governor Ron DeSantis signed into law Senate Bill (SB) 2-C and Senate Bill (SB) 4-C, immigration-related legislation that addresses a variety of matters, including in-state tuition benefits, new… more

Colleges, Criminal Penalties, Educational Institutions, Enforcement Priorities, Governor DeSantis

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Sarah J. Hawk

Rescission of DACA Program: What Employers Need to Know

On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (DACA) and the Department of Homeland Security (DHS) issued the Memorandum on Rescission Of Deferred… more

Corporate Counsel, DACA, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders

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Gregory Hawran

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and… more

Corporate Counsel, Disparate Treatment, Employment Litigation, Military Leave, Military Service Members

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Brian Hayes

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings… more

Administrative Law Judge (ALJ), Appellate Courts, Constitutional Challenges, Corporate Counsel, Labor Relations

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John Hayes

New Law on the Horizon for Illinois Employers Settling Tort Claims

On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in… more

Defamation, Release Agreements, Retaliation, Settlement, Tortious Interference

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Margaret Hayes

D.C. Circuit Strikes Down Key Parts of DOL’s Association Health Plan Rule

On March 28, 2019, the U.S. District Court for the District of Columbia struck down key parts of the U.S. Department of Labor’s (DOL) final rule expanding the availability of association health plans (AHPs). In State of New York… more

Affordable Care Act, Association Health Plans, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Dee Anna D. Hays

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities… more

Civil Rights Act, Disability Discrimination, Employment Discrimination, Employment Litigation, Employment Policies

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Jeremy Hays

Abortion Rights Ballot Measures Pass in Seven States

On November 5, 2024, seven states approved ballot measures to reaffirm the right to abortion, and three states rejected ballot measures to legalize abortion. These ballot results could have a significant impact on employers and… more

Abortion, Ballot Measures, Benefit Plan Sponsors, Civil Rights Act, Dobbs v. Jackson Women’s Health Organization

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Catherine Hazany

Wildfires in Los Angeles: Key Considerations for Employers Navigating Disaster Response and Compliance

Wildfires continue to rage across the Los Angeles area, causing death, massive destruction of property, and forcing tens of thousands to flee their homes. President Biden has approved a “Major Disaster Declaration” for… more

Cal-OSHA, Cal-WARN, California, Corporate Counsel, Fair Workweek

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Kang He

You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The National… more

Bausch & Lomb, Conflicts of Interest, Contract Negotiations, Defense Strategies, Disqualification

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Emma Healey

Rising Temperatures Bring New Obligations for Maryland Employers

Maryland employers are facing the first summer under a heat-related illness prevention standard issued by Maryland Occupational Safety and Health (MOSH)… more

Employer Responsibilities, Heat Exposure, Loper Bright Enterprises v Raimondo, New Regulations, Regulatory Requirements

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Michael T. Heenan

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug… more

Adverse Employment Action, Americans with Disabilities Act (ADA), CO Supreme Court, Coats v Dish Network, Decriminalization of Marijuana

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Katherine Dudley Helms

Monkeypox Outbreak Declared a Public Health Emergency

On August 4, 2022, the Biden administration declared the monkeypox outbreak a public health emergency. This comes at a time where the number of cases in the United States are rapidly rising and with cases found in almost… more

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), Infectious Diseases, Public Health Emergency, World Health Organization

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Elizabeth Marie Henderson

Trump Administration Backs Introduction of RAISE Act in Effort to Reduce Legal Immigration to the United States

On August 2, 2017, President Donald Trump declared his support for immigration legislation sponsored by Senators Tom Cotton (R-AR) and David Perdue (R-GA) intended to significantly reduce the level of legal immigration to the… more

Immigrants, Immigration Procedures, Proposed Legislation, Trump Administration

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John K. Henning IV

Court Voids $1.5M Contract For Lack Of Consideration

In Yessenow v. Hudson (no. 2:08-cv-00353-PPS-APR), the U.S. District Court for the Northern District of Indiana found that the indemnification agreement and guaranty that Hilton Hudson, M.D. signed with Jeffrey Yessenow, M.D… more

Indemnity Agreements

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Sara Herbek

USCIS Issues Guidance on TN Nonimmigrant Status for Economists

On November 20, 2017, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum clarifying that the TN definition of “economists.” Background - On December 17, 1992, the presidents of the… more

Department of Labor (DOL), NAFTA, New Guidance, Non-Immigrant Visas, Popular

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Juan Hernandez

Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress… more

Appeals, Corporate Counsel, Emotional Distress Damages, Fair Labor Standards Act (FLSA), Jury Verdicts

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Noel Hernandez

New Mexico Is the Next State With a Proposed Heat Illness Rule

New Mexico is the next state to propose a heat exposure rule for workers. The New Mexico Environment Department has proposed a rule aimed at preventing heat-related illnesses and injuries in the workplace… more

Comment Period, Employee Training, Heat Exposure, OSHA, Proposed Rules

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Christian Herrmann

U.S. Department of State’s May 2023 Visa Bulletin Shows Further Employment-Based Retrogression for Most Countries

The U.S. Department of State’s Bureau of Consular Affairs’ May 2023 Visa Bulletin shows a trend of backlogs and slowdowns in the employment-based immigrant visa or green card process. The final action dates for multiple… more

Adjustment of Status, EB-2, EB-3, Green Cards, Immigration Procedures

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Laura Heyne

California Employers’ Duties to Reimburse Employees Working From Home During the COVID-19 Pandemic

In response to “stay-at-home” orders issued by Governor Gavin Newsom and various California municipalities to prevent the further spread of the coronavirus (SARS-CoV-2) employers have been asking or requiring employees to work… more

Coronavirus/COVID-19, Employer Responsibilities, Governor Newsom, Labor Code, Reimbursements

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Lauren Hicks

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to… more

Appeals, Department of Labor (DOL), Disclosure Requirements, EEO-1, Exemptions

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Noel Hicks

Nevada OSHA Targets Hospitality Industry

Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document… more

Casinos, Hospitality Industry, Hotels, Resorts & Restaurants, Restaurant Industry

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Shaina Hicks

Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress… more

Consolidated Appropriations Act (CAA), Constitutional Challenges, Coronavirus/COVID-19, Enforcement, Equal Employment Opportunity Commission (EEOC)

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John Hill

U.S. State Department Announces the Latest Green Card Lottery

The U.S. Department of State (DOS) recently published instructions for the 2018 Diversity Immigrant Visa Program (also known as the “DV Lottery” or “Green Card Lottery”). The Green Card Lottery makes available 50,000 permanent… more

Diversity Lottery, Green Cards, US Department of State

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Alec Hillbo

OFCCP Publishes Final Rule to Promote Pay Transparency

On September 10, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency. The purpose of the rule is to prohibit “pay secrecy policies” to make it “possible for workers and… more

Barack Obama, Chief Compliance Officers, Corporate Counsel, Employer Liability Issues, Employment Policies

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Parker Himes

New NC Law Clarifies Scope of Some State Law Claims for Wrongful Termination

On March 23, 2016, Governor Pat McCrory signed into law House Bill 2, commonly known as the Public Facilities Privacy and Security Act. The act contains a significant provision clarifying North Carolina common law in the area of… more

Anti-Discrimination Policies, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Governor McCrory, New Legislation

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Kevin Hishta

How to Report Audit Results and Resolve Issues Identified in the Audit

In this, our fourth installment in our series on the “Anatomy of a Department of Labor Audit,” we address both how to report audit results and how to resolve issues identified in the audit… more

Audits, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Misclassification, Wage and Hour

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Tina Ho

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Eric Hobbs

Requiring Fully-Vaccinated Employees to Mask: OSHA Issues Less-Than-Clear Updated COVID-19 Guidance in the Wake of the CDC’s Guideline

On August 13, 2021, the U.S. Occupational Safety and Health Administration (OSHA) published its updated COVID-19 guidance to account for the U.S. Centers for Disease Control and Prevention’s (CDC) July 27, 2021, guideline… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, General Duty Clause, Health and Safety

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Sarah Hock

Florida’s New State Laws Hitting the Books This Summer

As their employees flock to Florida’s famous beaches, water parks, and pools this summer, Florida employers need to look out for a wave of new legislation that became effective on July 1, 2025… more

Employee Rights, Employer Responsibilities, Employment Contract, Hospitality Industry, Minimum Wage

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Matthew Hoffman

ACA-Required Coverage of Contraceptive Care Remains Agency Focus

Once again, the U.S. Departments of Labor, Health and Human Services, and the Treasury have issued guidance on the Affordable Care Act’s (ACA) required coverage of contraception without cost sharing, clarifying the permitted use… more

Affordable Care Act, Compliance, Contraceptive Coverage Mandate, Contraceptives, Cost-Sharing

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Kathleen Hoffmann

California Dreaming: Minnesota Legislature Enacts Sweeping Wage Theft Law

The Minnesota Legislature wrapped up its 2019 legislative session with a one-day special session last month that resulted in the passage of an omnibus appropriations bill, the Jobs and Economic Development Omnibus. The… more

Appropriations Bill, Employer Liability Issues, Enforcement Authority, New Legislation, Notice Requirements

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Alexandra Holland

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The… more

Biden Administration, Corporate Counsel, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Workers

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Brittani Holland

Diversity Visa Lottery Selection Finalized for Fiscal Year 2026

On May 3, 2025, the U.S. Department of State completed the selection process for the Diversity Visa Lottery for fiscal year 2026. Created by the Immigration Act of 1990, the U.S. Diversity Visa (DV) program, often referred to as… more

Diversity, Foreign Nationals, Immigrants, Immigration Procedures, Lottery

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Susan Holley

District of Columbia’s Tipped Wage Workers Fairness Amendment Act: Mandatory Training and Notice Requirements Take Effect

In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped… more

Anti-Harassment Policies, Employee Training, Notice Requirements, Reporting Requirements, Sexual Harassment

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Jared Hooven

A Closer Look: India EB-3 Retrogression in Context

The U.S. Department of State anticipates that by July 1, 2023, all prorated employment-based third preference (EB-3) visa numbers available for Indian applicants in fiscal year (FY) 2023 will be exhausted; however, on October 1,… more

EB-3, Immigration and Nationality Act, Immigration Procedures, India, Retrogression

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Eliza Horne

Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more… more

Bars, Business & Professions Code, Coronavirus/COVID-19, Emergency Orders, Executive Orders

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Laurielle Howe

Massachusetts Paid Family and Medical Leave Program: November 2024 End-of-Year Update

With the close of 2024 comes the 2025 notices, posters, and rate sheets from the Massachusetts Department of Family and Medical Leave (DFML). In addition, the fiscal year (FY) 2024 DFML annual report is now available with… more

Annual Reports, Compliance, Employee Benefits, Information Reports, Medical Leave

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Joshua Hughes

Ohio Governor Signs ‘Bathroom Bill’ Into Law, Impacting K–12 Schools and Higher Education Institutions in the State

On November 27, 2024, Ohio Governor Mike DeWine signed into law Senate Bill (SB) 104, adding Ohio to the list of a dozen states with restrictions on bathroom access by transgender individuals… more

Colleges, Fourteenth Amendment, Gender Discrimination, Governor DeWine, Public Schools

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Kelly Hughes

Kansas Enacts Law Defining ‘Male’ and ‘Female’ Strictly as Sex Assigned at Birth

On April 27, 2023, the Kansas Legislature overrode Governor Laura Kelly’s veto of Senate Bill (SB) 180, which defines “male” and “female” only by biological sex. SB 180, described by the Kansas Senate as a “women’s bill of… more

Americans with Disabilities Act (ADA), Civil Rights Act, Gender Identity, Governor Vetoes, New Legislation

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Peter Hughes

New Jersey to Become First State to Guarantee Severance Payments Due to Mass Layoffs

On January 21, 2020, Governor Phil Murphy signed into law Senate Bill 3170, which expands New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARN Act) well beyond the requirements of the federal… more

Amended Legislation, Governor Murphy, Layoff Notices, Layoffs, New Legislation

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Patrick Hulla

Avoiding Wage & Hour Lawsuits: Four Steps Every Employer Should Take

In light of the continued onslaught of wage and hour claims made by current and former employees, including putative class and collective actions, there are a number of steps employers can take to help mitigate potential… more

Arbitration Agreements, Audits, Class Action, Payroll Records, Timekeeping

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Christopher Humber

DC’s Noncompete Ban - A Law of Unintended Consequences

Just as the calendar was turning to 2021, the Council of the District of Columbia threw District of Columbia employers a late-breaking curveball that most did not see coming. The Ban on Non-Compete Agreements Amendment Act of… more

Amended Legislation, Corporate Counsel, Employment Contract, Local Ordinance, Non-Compete Agreements

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Chelsea Hutchison

Colorado Becomes 13th State to Pass “Ban the Box” Legislation

On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of pro-employee… more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Maurisa Iacono

State Department Revokes Existing Visas and Bans the Issuance of New Visas for South Sudanese Passport Holders

On April 5, 2025, the U.S. Department of State announced it was taking immediate action to revoke all existing visas and ban the issuance of any new visas for all South Sudanese passport holders… more

Foreign Nationals, Foreign Policy, Immigration Procedures, Sudan, Travel Ban

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Allison Ianni

New York State Paid Family Leave Law Update: Tax Guidance Issued

The New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees. As employers begin the… more

Employer Mandates, IRS, New Regulations, Paid Family Leave Law, Wage and Hour

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Chigoziri Ibechem

California Governor Signs Legislation Expanding Infertility and IVF Coverage

On September 29, 2024, Governor Gavin Newsom signed Senate Bill (SB) No. 729 into law, expanding fertility insurance coverage in California. This historic measure marks a significant shift in reproductive health policy and aims… more

Benefit Plan Sponsors, Employer Group Health Plans, Governor Newsom, Health Insurance, New Legislation

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John Illingworth

Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances, the… more

Canada, Coronavirus/COVID-19, Employment Standards Act, Hiring & Firing, Layoffs

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Gloria Ilunga

Ontario Court Reaffirms Importance of Clear and Compliant Language in Employment Agreements

In December 2024, the Court of Appeal for Ontario released its highly anticipated decision in Dufault v. Ignace (Township). The three-judge panel determined that the “for cause” termination clause contained in the employee’s… more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Ariana Imbrescia

Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification

In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the… more

7-Eleven, ABC Test, Franchisee, Franchises, Franchisors

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Ethan Isaac

Puerto Rico Governor Issues Executive Orders Requiring COVID-19 Vaccinations

In order to slow the transmission rate of COVID-19 and safeguard the health of people in Puerto Rico, Governor Pedro Pierluisi recently issued a series of executive orders mandating COVID-19 vaccinations in certain instances… more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Healthcare Facilities, Hospitality Industry

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Fefe Jaber

Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules

On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record disclosure… more

Coronavirus/COVID-19, Disclosure, Dismissals, Employee Privacy Rights, Employment Litigation

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Angelica Jacox

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The… more

Colleges, Constitutional Challenges, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Employment Authorization Documents (EAD)

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Vik Jaitly

Pennsylvania Supreme Court Invalidates No-Hire Provision in Service Contract

The Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al., the… more

No-Hire/No-Solicitation Agreements, No-Poaching, PA Supreme Court, Service Contracts, Unenforceable Contract Terms

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Javier Jalice

CROWN Act Ordinance: New Orleans Enacts Law to Prohibit Hairstyle Discrimination

On December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans based on hairstyles… more

Employer Liability Issues, Hairstyle Discrimination, Local Ordinance, New Legislation, Race Discrimination

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Johnnie James

Reminder for Employers - February 14 Deadline for California Employers to Notify Employees Noncompete Agreements Are Void

Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses or… more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Roger James

UK Parliament Proposes Increased Penalties for Failure to Consult in a Collective Redundancy

The Employment Rights Bill has undergone significant amendments in March 2025 as it progresses through Parliament. Included in the amended bill are changes addressing redundancy and the controversial practice of “fire and… more

Amended Legislation, Collective Redundancy Consultations, Consultation, Employee Rights, Employer Liability Issues

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Per Jansen

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding… more

Amended Legislation, Employee Privacy Rights, Employee Rights, Employer Responsibilities, Filing Deadlines

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Jazmyne Jefferson

California’s New AB 1512 Revises Security Officer Rest Period Rules

On September 30, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1512, which amends California Labor Code Section 226.7 by authorizing employers to require certain unionized private security officers “to remain on the… more

Amended Legislation, Exemptions, Governor Newsom, Rest and Meal Break, Security Guards

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J. Davis Jenkins

Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer

On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his… more

Construction Workers, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Infectious Diseases

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Amy Jensen

Supreme Court Weighs in on Computer Fraud and Abuse Act

In Van Buren v. United States, No. 19-783 (June 3, 2021), the Supreme Court of the United States recently waded into the meaning of the Computer Fraud and Abuse Act’s (CFAA) “exceeds authorized access” prohibition. The… more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Andrés Jiménez-Franck

Second Circuit Adopts Broad Reading of ADA Protections in Recent Workplace Accommodations Case

In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the scope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Alicia Roberts Johnson

Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v. Ohio… more

Civil Rights Act, Demotions, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Evidentiary Standards

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Betsy Johnson

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients… more

CA Supreme Court, Class Action, Contract Terms, Corporate Counsel, Employer Liability Issues

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Christopher Johnson

Wisconsin Law Prohibits Local Regulation of Several Employment Issues, Does Not Preempt Discrimination Ordinances

On April 16, 2018, Wisconsin Governor Scott Walker signed an amended version of 2017 Assembly Bill 748, thereby declaring a number of employment issues to be matters of statewide concern and therefore beyond the scope of… more

Discrimination, Employment Litigation, Family and Medical Leave Act (FMLA), Governor Walker, Local Ordinance

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Jaslyn Johnson

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits OSHA’s… more

Administrative Law Judge (ALJ), General Duty Clause, OSH Act, OSHA, Regulatory Agencies

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Kimya Johnson

Juneteenth Is a Federal Holiday: Diversity, Equity, and Inclusion Tips for Proactive Employers

In the wake of an increased focus on racial justice in the summer of 2020, many employers began to recognize and observe Juneteenth as a way to demonstrate their commitment to diversity, equity, and inclusion (DEI) initiatives… more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employment Policies, Heritage & Culture

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Mark Johnson

Wisconsin LIRC Determines Even Very Upsetting Criminal Convictions May Not Be Substantially Related to the Job

Wisconsin employers deciding whether to hire an applicant with a criminal background often find themselves between a rock and a hard place. If they fail to take reasonable care screening the applicant, they may face a negligent… more

Administrative Law Judge (ALJ), Criminal Background Checks, Criminal Records, Employer Liability Issues, Fair Employment Practices Act

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Matthew Johnson

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats… more

Employee Rights, Federal Elections, General Elections, State Elections, Voting Leave

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Mike Johnson

NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation… more

NLRB, Union Elections, Unions

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Tim Johnson

California Appeals Court Decides PAGA Lawsuit Can’t Be Sent to Arbitration Without Individual Claims

A California court of appeal recently upheld a trial court’s ruling that rejected a sanitation company’s effort to compel arbitration of individual claims under California’s Private Attorneys General Act (PAGA), where the… more

Appellate Courts, Arbitration, Arbitration Agreements, California, Employee Rights

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David Jones

Blowing the Whistle on Food Safety: OSHA Issues a Final Rule Related to FDCA Complaints

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has issued procedural rules for enforcement of whistleblower complaints alleging violations of the Federal… more

Anti-Retaliation Provisions, Employer Liability Issues, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules, Food Manufacturers

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Harold Jones

California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment. The… more

Appeals, Breach of Contract, CA Supreme Court, Labor Code, Negligence

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Phillip Jones

Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA

On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary. Therefore, the employer did not compromise employees’… more

Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Rayna Jones

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of legalizing… more

Anti-Discrimination Policies, Ballot Measures, Compassionate Use Act, Corporate Counsel, Decriminalization of Marijuana

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Garrick Josephs

Connecticut Update: Recreational Marijuana, Captive Audience Meetings, and Leave Notices Requirements Take Effect July 1, 2022

The Connecticut legislature has been busy in 2021 and 2022. Approximately twelve months ago, it passed legislation effectively legalizing recreational marijuana under Connecticut state law. Very recently, it amended… more

Free Speech, Marijuana, Notice Requirements, Paid Family Leave Law, Paid Leave

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Kevin Joyner

North Carolina Modifies Requirements Governing Pay Notice and Final Wages for Separated Employees

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill (SB) 208, An Act Making Various Changes to the Labor Laws of North Carolina, which includes changes to the pay notice provisions for employees and payment of… more

Employer Liability Issues, Hiring & Firing, Notice Requirements, Recordkeeping Requirements, State Labor Laws

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Elizabeth Jozsi

Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher… more

Colleges, Educational Institutions, Injunctions, Pending Legislation, Preliminary Injunctions

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Ryan Kadevari

What Will Trump 2.0 Mean for Employee Benefits? - One Place to Look for Clues: Project 2025

Even as high-priority issues such as diversity, equity, and inclusion (DEI), immigration, and Ukraine take center stage in the first months of the new presidential administration, many employers are wondering what the next four… more

Affordable Care Act, Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Dispute Resolution

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Ajente Kamalanathan

New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions… more

Contract Terms, Dentists, Effective Date, Employer Liability Issues, Employment Contract

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Christina Kamelhair

DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug

On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance… more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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Sean Kramer

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive… more

Burden-Shifting, Employer Liability Issues, Employment Policies, General Motors, NLRA

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Timothy Kamin

Is Scabby the Rat Headed for a Deflating Experience?

Construction employers and general contractors are all too familiar with Scabby the Rat. The inflatable rat - appearing in sizes of up to a reported 30 feet tall - has infested construction job sites as part of trade union… more

Appeals, Construction Industry, Construction Workers, First Amendment, Municipalities

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Isabelle Kannen

Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

Despite performing comparable roles, women are frequently remunerated at a lower rate than their male counterparts. The Regional Labor Court of Baden-Württemberg recently decided a case with similar circumstances (judgment of… more

Employer Liability Issues, Gender-Based Pay Discrimination, Germany, International Labor Laws, Pay Gap

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Daniel Kanter

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any… more

Appeals, Business & Professions Code, Contract Drafting, Contract Negotiations, Contract Terms

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Jacob Kanyusik

May 2025 Visa Bulletin Shows Slight Advancement for EB-3 India and Retrogression for EB-5 India

The Visa Bulletin for May 2025 shows slight forward movement in the final action dates for EB-3 India, and retrogression for EB-5 India. The bulletin remains consistent in the EB-1 and EB-2 categories for all countries… more

EB-1, EB-2, EB-3, EB-5, Immigration Procedures

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Lisa Kaplan

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired and… more

Ambush Election Rules, Boeing, Collective Bargaining, Employee Handbooks, Employee Rights

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Roshni Kapoor

California Employers Take Note: Employees Now Have Two Extra Years to File FEHA Claims

Among the numerous worker-protection bills California governor Gavin Newsom signed last month was Assembly Bill (AB) 9, giving employees a two-year extension to file Fair Employment and Housing Act (FEHA) claims. Currently,… more

Administrative Procedure, Best Management Practices, DFEH, Employer Liability Issues, FEHA

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Christina Kaszap

Ontario Court Reaffirms Importance of Clear and Compliant Language in Employment Agreements

In December 2024, the Court of Appeal for Ontario released its highly anticipated decision in Dufault v. Ignace (Township). The three-judge panel determined that the “for cause” termination clause contained in the employee’s… more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Mami Kato

Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA)… more

Compliance Dates, Covered Employer, Earned Sick Time, MI Supreme Court, Minimum Wage

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Jennifer Katz

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc… more

Appeals, Class Action, Class Certification, Commonality, Compliance

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Seth Kaufman

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth… more

Audio Recording, Ban the Box, Criminal Background Checks, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA)

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Jennifer Kay

Illinois Department of Human Rights Publishes FAQs on Workplace Transparency Act Reporting Mandate

Our September 10, 2019, article on the Illinois Workplace Transparency Act (IWTA) focused on various provisions of the expansive legislation signed into law by Governor J. B. Pritzker on August 9, 2019. Though most provisions of… more

Governor Pritzker, Human Rights, Reporting Requirements, Transparency

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C. Matthew Keen

Highlighting Flexibility & Diversity Initiatives: Ogletree Deakins

Recently, Alliance President & CEO Manar Morales spoke with Matt Keen, Managing Shareholder, and Michelle Wimes, Director of Professional Development and Inclusion, at Ogletree, Deakins, Nash, Smoak & Stewart, P.C. about the… more

Diversity, Flex-Time Policies, Law Firm Partners, Law Practice Management

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Christian Keeney

California’s Latest Concepcion Exception: Brown v. Superior Court of Santa Clara County

California courts do not like class action waivers… more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action, Class Action Arbitration Waivers

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Constanze Keller

International Women’s Day 2022: German Employment Law Reforms Promoting Gender Equality

International Women’s Day, which draws attention to women’s rights and gender equality worldwide, has been celebrated since 1911. In order to counteract any inequalities that women may face in the workforce, the German… more

Board of Directors, Corporate Governance, Employer Liability Issues, Federal Labor Laws, Gender Equity

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Christina Kelley

USCIS to Use ‘Final Action Dates’ Chart for Calculating Child Status Protection Act Age

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual, effective August 15, 2025, revising how to calculate age under the Child Status Protection Act (CSPA) for dependent children approaching the… more

Adjustment of Status, CSPA, Dependents, Final Action, Form I-140 Petitions

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Dean Kelley

Supreme Court Rules ‘Retaliatory Intent’ Not Required for Securities Whistleblower Protection

On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the… more

Adverse Employment Action, Anti-Retaliation Provisions, Retaliation, Sarbanes-Oxley, SCOTUS

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Matthew Kelley

The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Mail-In Ballots, NLRA, NLRB

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Kara Kelly

Trump Administration Notifies Congress of Intent to Renegotiate NAFTA

The White House formally notified Congress on Thursday of the Trump administration’s intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification letter from U.S. Trade Representative Robert Lighthizer… more

B-1, Canada, L-1 Visas, Mexico, NAFTA

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T. Scott Kelly

OFCCP Proposes Changes to Employment Discrimination Complaint Forms

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) is slated to publish, on July 7, 2025, an information collection request seeking comments relating to complaints involving employment… more

Comment Period, Complaint Procedures, Department of Labor (DOL), Employment Discrimination, Executive Orders

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Stephen Kenney

It’s Official - No Tax on Tips, No Tax on Overtime Through 2028

One of President Donald Trump’s 2024 campaign messages was a promise to implement a no-tax-on-tips and no-tax-on-overtime law. On July 3, 2025, the U.S. Congress passed the “One Big Beautiful Bill,” and President Trump signed… more

Fair Labor Standards Act (FLSA), FICA Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Ashley Kerr

September 2025 Visa Bulletin: Employment-Based Immigrant Visa Categories Projected to Reach the Annual Limits

The U.S. Department of State’s September 2025 Visa Bulletin maintains the same final action dates and dates for filing that were published in the August 2025 Visa Bulletin. However, the State Department cautioned that it… more

Adjustment of Status, EB-1, EB-2, EB-3, EB-5

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Brent Kettelkamp

Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls… more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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Amenah Khalil

USCIS Expands Premium Processing for Certain F-1 Students

On March 6, 2023, U.S. Citizenship and Immigration Services (USCIS) announced “the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology,… more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Students, Immigration Procedures, OPT

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Armig Khodanian

California Legislature Passes Bill That Would Break New Ground on Pay Transparency Requirements

California’s legislature has passed a game-changing bill that would impose significant new requirements on employers in that state. The bill, which seeks to up the ante on pay transparency, is now headed to Governor Gavin… more

Disclosure Requirements, Job Ads, Pay Data, Pay Equity Laws, Pay Transparency

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Ali Khorsand

Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements

Rhode Island Governor Daniel McKee has signed a bill that prohibits the use of nondisclosure or non-disparagement agreements regarding civil rights abuses “as a condition of employment.” According to a recent update to the… more

Civil Rights Act, New Legislation, Non-Disclosure Agreement, Non-Disparagement Provisions, State Labor Laws

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Yuliya Khromyak

Pennsylvania Bans Healthcare Practitioner Noncompete Agreements Longer Than 1 Year

In a major noncompete development for the Commonwealth of Pennsylvania, beginning January 1, 2025, certain noncompete agreements with doctors, registered nurses, and other healthcare practitioners will no longer be enforceable… more

Contract Term, Contract Terms, Effective Date, Health Care Providers, New Legislation

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Ursula Kienbaum

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and… more

Arbitration, Corporate Counsel, Discipline, Employment Litigation, Employment Policies

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Phillip Kilgore

Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk

On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual… more

Employment Contract, New Legislation, Non-Disclosure Agreement, Non-Disparagement Provisions, Sexual Assault

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Heidi Kim

California Governor Signs Legislation Expanding Infertility and IVF Coverage

On September 29, 2024, Governor Gavin Newsom signed Senate Bill (SB) No. 729 into law, expanding fertility insurance coverage in California. This historic measure marks a significant shift in reproductive health policy and aims… more

Benefit Plan Sponsors, Employer Group Health Plans, Governor Newsom, Health Insurance, New Legislation

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Jean Kim

Global Solutions Episode 3: Go Away! International Travel and Border Restrictions

Employers in the United States that sponsor foreign nationals for work visas may already be familiar with the various barriers their employees are facing when entering the United States during the COVID-19 pandemic. Such… more

Border Closures, Canada, Coronavirus/COVID-19, EU, Executive Orders

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Rebekah Kim

March 2024 Visa Bulletin Again Shows Little Movement

The March 2024 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month… more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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Tracey Kinslow

FBI Warns of Hidden Threats in Remote Hiring: Are North Korean Hackers Your Newest Employees?

The Federal Bureau of Investigation (FBI) recently warned employers of increasing security risks from North Korean workers infiltrating U.S. companies by obtaining remote jobs to steal proprietary information and extort money to… more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Protection, Data Security, Department of Homeland Security (DHS)

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Mark Kisicki

NLRB Casts Wider Joint-Employer Net With New Final Rule

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule for joint-employer status that will make it far more likely for one business to be deemed a joint employer of another business’s employees under… more

Browning-Ferris Industries of California Inc., Collective Bargaining, Federal Labor Laws, Final Rules, Franchises

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Kathleen Klapkowski

The Stop Campus Hazing Act - The Bipartisan Effort to Prevent Hazing in Higher Education Settings

At least forty-four states have enacted laws prohibiting hazing. However, the regulations, penalties, and requirements vary significantly by state. The enactment of the federal Stop Campus Hazing Act (SCHA) exemplifies the… more

Clery Act, Colleges, Educational Institutions, Hazing, New Legislation

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Margot Klein

It’s June 2023 - Have You Provided Your Chicago Mandatory Annual Harassment Prevention and Bystander Intervention Training?

As we reported last May, the City of Chicago amended its Human Rights Ordinance, on July 1, 2022, to require all employers with employees in Chicago to provide annual training as follows: ..One hour of sexual harassment… more

Anti-Harassment Policies, Bystander, Compliance Dates, Employee Training, Human Rights Act

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Amy Knapp

Oregon BOLI Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries

The Oregon Bureau of Labor and Industries (BOLI) has made an important change to its interpretation of the relationship between two Oregon overtime laws. Under BOLI’s new guidance, nonexempt employees who work in mills,… more

Collective Bargaining Agreements (CBA), Exempt-Employees, Manufacturers, New Guidance, Wage and Hour

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Ashley Knapp

Trump 2.0, First Two Months in Review: A Summary of Immigration-Related Actions

The first two months of the Trump administration introduced significant immigration-related executive orders and agency directives. These directives will have broad impacts on employers and foreign nationals living and working… more

Department of Homeland Security (DHS), Enforcement Actions, Executive Orders, Foreign Nationals, Immigration Enforcement

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Dawn Knepper

All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling

If you’re gearing up for your fantasy football draft, you might be interested to know that the California Legislature is considering a proposal to legalize sports gambling. Assembly Constitutional Amendment No. 18 is a… more

Constitutional Amendment, Fantasy Sports, Legislative Agendas, March Madness, Sports Gambling

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Carolyn Knox

China Increases Employers’ Responsibilities to Address Discrimination and Sexual Harassment Against Women in the Workplace

China has introduced a new legislative amendment revising the Women’s Protection Law, which was first introduced in 1991, to address workplace gender discrimination and sexual harassment. The amendment, which took effect on… more

China, Employer Liability Issues, Employer Responsibilities, Gender Discrimination, Harassment

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Matthew Kolodziej

New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the… more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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Philip Kontul

MSHA Issues Final Powered Haulage Rule

On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule applies… more

Coal Mines, Compliance, Final Rules, Heavy Equipment, Mine Safety and Health Administration (MSHA)

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Lauren Kopec

Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD

On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against… more

Coronavirus/COVID-19, Employment Litigation, Equitable Tolling, MA Supreme Judicial Court, Statute of Limitations

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Keith Kopplin

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum… more

Department of Labor (DOL), Enforcement Actions, Fair Labor Standards Act (FLSA), Field Assistance Bulletins, Liquidated Damages

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Jana Korhonen

Sixth Circuit Upholds Pay Differential in Equal Pay Act Case: Budget Constraints and Market Forces at Play

The U.S. Court of Appeals for the Sixth Circuit recently upheld a jury verdict against a school psychologist who alleged she was paid less than a male colleague in violation of the Equal Pay Act. Notably, the court found that… more

Affirmative Defenses, Appeals, Educational Institutions, Employment Litigation, Equal Pay

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Robin Koshy

New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles

On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles… more

Employee Tracking, Governor Murphy, Notice Requirements

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Ceridwen Koski

USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational… more

EB-1, EB-2, Expedited Actions Process, Foreign Workers, Form I-140 Petitions

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Ronald Kreismann

The Trend Continues: New York State Assembly Advances Bill Prohibiting Salary History Inquiries

On June 21, 2017, the New York State Assembly advanced Assembly Bill A2040C, which would restrict an employer’s ability to ask job applicants about their salary histories. If passed, the legislation would amend the New York… more

Anti-Retaliation Provisions, Corporate Counsel, Hiring & Firing, Job Applicants, Pending Legislation

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Sarah Smith Kuehnel

Florida Enters Phase 3, Reopens Bars and Restaurants

On September 25, 2020, Governor Ron DeSantis announced Florida’s entry into Phase 3 of its coronavirus pandemic reopening plan and issued Executive Order 20-244. The executive order provides that “[n]o COVID-19 emergency… more

Coronavirus/COVID-19, Executive Orders, Governor DeSantis, Re-Opening Guidelines

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Jessica Kuester

Employers Prepare for Thawing ERISA Deadlines

With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans: the… more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Corporate Counsel, Department of Labor (DOL)

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David Kuhnz

New Mexico Bills Would Expand Protections for Medical Marijuana and Allow Use of Medical Psilocybin

Lawmakers in New Mexico have advanced two bills that would expand protections for medical marijuana patients and permit the use of medical psilocybin… more

Drug Testing, Employee Rights, Employment Policies, Medical Marijuana, Mental Health

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Julia Kulmegies

Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

Despite performing comparable roles, women are frequently remunerated at a lower rate than their male counterparts. The Regional Labor Court of Baden-Württemberg recently decided a case with similar circumstances (judgment of… more

Employer Liability Issues, Gender-Based Pay Discrimination, Germany, International Labor Laws, Pay Gap

See all updates »

Harrison Kuntz

The NLRB’s New ULP Investigation Procedures: How Will They Affect Your Cases?

On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The memorandum describes significant changes to unfair… more

Administrative Procedure, Corporate Counsel, Employer Liability Issues, NLRB, Unfair Labor Practices

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Jordan Kurdi

Legalized Cannabis in Missouri: What Employers Need to Know

On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding the… more

Anti-Discrimination Policies, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Proposed Legislation

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Monica Lacks

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former employee’s… more

Appeals, Burden of Proof, Employees, Employment Litigation, Evidence

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Leslie Lajewski

New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations

The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers… more

Compliance, Equal Pay, Staffing Agencies, State Labor Departments, State Labor Laws

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Tina Lam

EEOC Updates ‘EEO Is the Law’ Poster After Nearly 13 Years

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights: Workplace Discrimination is Illegal” poster, updating the “Equal Employment Opportunity is the Law” poster and… more

Employer Mandates, Equal Employment Opportunity Commission (EEOC), Federal Contractors, OFCCP, Posting Requirements

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Jessica Lamb

November 2023 Visa Bulletin Shows Little Movement From October

The November 2023 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month… more

EB-1, EB-2, EB-3, US Department of State, USCIS

See all updates »

Kristyn Lambert

OFCCP Says New Monthly Employment Data Reports Will Start With March 2025

On November 25, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that its planned new monthly employment data collection form for federal contractors and subcontractors with… more

Compliance, Construction Contracts, Corporate Counsel, Data Collection, Federal Contractors

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Kara Lancaster

Increased Revenues and Cost Cutting Help USCIS Delay Scheduled Furlough

On August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will avert a furlough of approximately 13,000 employees, previously scheduled to take place on August 30, 2020. In its announcement,… more

Coronavirus/COVID-19, Furloughs, USCIS

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Cynthia Lange

Current Pandemic-Related Regulations for Business Travel to the United States, Germany, and the EU

Recently, due to the availability of COVID-19 vaccines, many countries decided to lift their entry restrictions or change them in such a way that travelers who had recovered from COVID-19 infections or been vaccinated were… more

Biden Administration, Business Travel, Coronavirus/COVID-19, Customs and Border Protection, Employee Rights

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Caroline Larsen

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them from… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Grocery Stores, Masks

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James Larsen

COVID-19 and the Form I-9: Preparing for the End of Remote Document Verification

Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents… more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Form I-9, Immigration Procedures

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Anne Larson

Illinois Governor Signs Law Prohibiting Privacy Act Per-Scan Damages

On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme… more

Biometric Information, Biometric Information Privacy Act, Calculation of Damages, Damages, E-Signatures

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Whitney Larson

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium… more

Employment Authorization Documents (EAD), F-1 Visa, H-1B, International Travel, USCIS

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Thibaud Lauxerois

European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data… more

Compliance, Corporate Counsel, Data Controller, Data Processors, Data Protection

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Patrick Lawler

The Latest OFCCP News: VEVRAA Coverage, Outreach Poster, and Approaching Deadlines

On July 2, 2015, the Federal Acquisition Regulatory Council amended the jurisdictional threshold for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Currently, a contractor with a single contract… more

Affirmative Action, EEO-1, Federal Acquisition Regulations (FAR), Federal Contractors, OFCCP

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William Lawson

Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal… more

Commercial Truck Drivers, Commuter Tax Benefits, Franchisee, Independent Contractors, Minimum Wage

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Trina Le Riche

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits against… more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

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Eric Leder

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, H-1B, H-4

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Ann Lee

Traveling for the Holidays: Planning for Successful International Travel This Season for Foreign Nationals

With the pandemic finally drawing closer to an end, many foreign nationals may use the first opportunity they have had in years to plan international travel this holiday season. In order to avoid any unnecessary hiccups when… more

Centers for Disease Control and Prevention (CDC), Customs and Border Protection, Foreign Nationals, Holidays, Immigration Procedures

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Eric Lee

Trending in East Asia: Digital Nomad Visas

The use of digital nomad visas is a new trend gaining momentum in East Asia. These visas give individuals the legal right to work remotely while residing away from their countries of permanent residence… more

Asia, Background Checks, Compliance, Criminal Background Checks, Japan

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Michael Lee

Canada COVID-19 Update: Paid Vaccination Leave and Provincial Travel Restrictions

As more Canadians become eligible for COVID-19 vaccines, provinces across Canada are implementing paid COVID-19 vaccination leave policies to incentivize workers to become vaccinated as soon as possible. These leave policies are… more

Canada, Coronavirus/COVID-19, Paid Leave, Travel Restrictions, Vaccinations

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Theodore Lee

California Bill Would Require Employees in Outdoor Industries to Be Certified in Heat Illness Prevention

On February 8, 2024, California Assembly Member Joaquin Arambula (D-31) introduced legislation to require employees to obtain heat illness prevention certification from the California Division of Occupational Safety and Health… more

Cal-OSHA, Employer Liability Issues, Employment Policies, Health and Safety, Heat Exposure

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Kimberly Lehman

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F… more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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Gregg Lemley

It’s 2:35 p.m. Do You Know (Or Care) Where Your Employees Are?

Today, technological advances make it easier for companies to track exactly where their products are at any given time. These same advances have given employers a similar opportunity to track their employees. Global positioning… more

Employee Rights, Employee Tracking, Technology

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Lauren Lenhart

Eleventh Circuit Limits General Duty Clause’s Applicability When a Specific Safety Standard Exists for a Particular Hazard

On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a significant decision addressing the Occupational Safety and Health Administration’s (OSHA) use of the “General Duty Clause.” The decision limits OSHA’s… more

Administrative Law Judge (ALJ), General Duty Clause, OSH Act, OSHA, Regulatory Agencies

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Erika Leonard

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

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Noel Lesica

New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’

On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination.”… more

Algorithms, Artificial Intelligence, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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Jeff Leslie

OSH Law Primer, Part IX: Hazard Communication

This is the ninth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health Administration… more

Chemicals, Final Rules, Globally Harmonized System, Hazardous Communication Standard, Hazardous Substances

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Nancy Lester

2025 Midyear State and Local Minimum Wage Increases

Several state and local minimum wage rates will soon increase, beginning on July 1, 2025. This article provides the state and major locality minimum wage increases for mid-2025 only, along with related changes in the minimum… more

Corporate Counsel, Fair Labor Standards Act (FLSA), Minimum Wage, State Labor Laws, Wage and Hour

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Andrew Levin

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee… more

Artificial Intelligence, Audio Recording, Automated Systems, Consent, Employer Liability Issues

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Janet Lewis

Ohio Drops Affirmative Action Program Requirements for State Contractors

Ohio has eliminated requirements that state contractors maintain written affirmative action programs (AAPs) and that bidders for public improvement construction projects receive affirmative action certifications… more

Affirmative Action, Construction Industry, Executive Orders, Federal Contractors, New Legislation

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Chad Li

President Trump Replaces Expired Travel Ban With New Restrictions on Eight Countries

On September 24, 2017, President Donald Trump issued a proclamation detailing updated travel restrictions on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The new… more

Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Refugees, Travel Ban

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Jia Li

It’s Official: Employers in Japan Must Convert Some Fixed-Term Employment Contracts to Indefinite Status

Last month, Japan’s restrictions on fixed-term employment contracts took effect, and employees with at least five years of service with an employer can now be considered indefinite-term employees upon the expiration of their… more

China, Employment Contract, Fixed-Term Labor Contracts, France, Hiring & Firing

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Richard Libert

The ACA Is Alive and Well: Updates to Mandated Preventive Health Care Services Issued for 2018

The Patient Protection and Affordable Care Act of 2010 (ACA) revolutionized the U.S. healthcare system. Among the many major changes the ACA introduced was mandatory first coverage of preventive care services required for most… more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Preventive Health Care

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Thomas Lidbury

Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals in… more

Covered Entities, DNA, Employer Liability Issues, Genetic Discrimination, Genetic Testing

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Samuel Lillard

Ohio Streamlines Unemployment Insurance Reporting for Commonly Controlled, Concurrent Employers

New for January 1, 2025, Ohio has streamlined its unemployment insurance reporting process to allow employers that control multiple corporate entities to report unemployment insurance for their concurrent employees in a single… more

Business Entities, Compliance, Reporting Requirements, State Labor Laws, Unemployment Insurance

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Rebecca Lindell

Colorado Issues Official INFO Guidance on Pay Transparency Amendments

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that will take effect on January 1, 2024, have placed significant new burdens on employers by (a) expanding internal notification requirements to all “job… more

Colorado, Equal Pay, Job Applicants, Notification Requirements, Pay Rates

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Matthew Linton

MSHA Weighs in on the Future of Autonomous Mining Equipment

The safety and health committee of the Nevada Mining Association (NMA) recently met with top Mine Safety and Health Administration (MSHA) officials to discuss the safety of Nevada’s underground and surface metal/nonmetal mining… more

Drones, Employer Liability Issues, Mine Safety and Health Administration (MSHA), Mining, Technology

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Samantha Lloyd

Employment-Based Petitions Exempt (at Least for Now) Under New NTA Policy

Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy. The first phase of the rollout does not include employment-based petitions… more

DACA, Immigration and Customs Enforcement (ICE), Immigration Procedures, Notice to Appear, USCIS

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David Loeffler

When Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients

In Capital Medical Center 364 NLRB No. 69 (August 12, 2016), a majority of the Board recently concluded that a hospital violated Section 8(a)(1) of the NLRA, by threatening to discipline and arrest picketers and by summoning the… more

Best Management Practices, Employer Liability Issues, NLRA, Protected Concerted Activity, Right to Picket

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Jeffrey Londa

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the Obama… more

Collective Bargaining, Comment Period, Department of Labor (DOL), Final Rules, Injunctions

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Margaret Lopez

How a Game-Changing Supreme Court Decision Affects MSHA

Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law… more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, FMSHA

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Meredith Lopez

Missouri Goes Green: What Employers Need to Know About the State’s New Medical Marijuana Law

Missouri residents recently voted in favor of legalizing medical marijuana. Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative, overwhelmingly passed on November 6, 2018, amending the Missouri… more

Constitutional Amendment, Decriminalization of Marijuana, Employment Policies, Marijuana, Medical Marijuana

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Taylor Lucas

Department of State Extends Validity of National Interest Exceptions for Persons Subject to COVID-19 Travel Restrictions

On June 29, 2021, the U.S. Department of State extended the period of validity for national interest exceptions (NIE) for travelers entering the United States from an area subject to ongoing COVID-related travel bans… more

Coronavirus/COVID-19, Customs and Border Protection, ESTA, International Travel, National Interest Waiver

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Steven Luckner

New Jersey Governor Signs Temporary Worker Protections Law

On February 6, 2023, New Jersey Governor Phil Murphy signed a controversial bill known as the “Temporary Workers Bill of Rights” that seeks to equalize the compensation of temporary workers with that of regular employees,… more

Employer Liability Issues, Governor Murphy, New Legislation, Staffing Agencies, State Labor Laws

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Alison Lungstrum

The First Circuit's FWW Decision and Its Impact on Oilfield Employers

On February 12, 2016, the First Circuit Court of Appeals affirmed a lower court’s decision that an employer may use the fluctuating workweek (FWW) method to calculate overtime pay rates even when an employee’s weekly pay varies… more

Employee Commissions, Oil & Gas, Performance Incentives, Wage and Hour, Work Schedules

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Joshua Lushnat

Hold on Tight: Last-Minute Changes to Michigan’s Earned Sick Time Act

Michigan’s Earned Sick Time Act (ESTA), scheduled to take effect on February 21, 2025, was amended on February 20, 2025, to provide additional clarity and administrative ease… more

Amended Legislation, Earned Sick Time, Employee Benefits, Employment Contract, Employment Policies

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Julia Luster

AB 2257 Enacts Significant Changes to AB 5 on Classification of Workers as Independent Contractors

California’s statute governing the classification of independent contractors, enacted under Assembly Bill (AB) 5, underwent a significant renovation on September 4, 2020, when Governor Gavin Newsom signed AB 2257. The emergency… more

ABC Test, Borello Test, Employee Definition, Exemptions, Gig Economy

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D. Trey Lynn

New Mexico’s Expanded Employment Protections for Medical Marijuana Users

In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand… more

Compassionate Use Act, Drug Testing, Employer Liability Issues, Marijuana, Medical Marijuana

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Jantzen Mace

Columbus, Ohio’s Salary History Ban Goes Live on March 1, 2024: Are You Ready?

Employers in Columbus, Ohio, will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024… more

Effective Date, Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance

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Katherine MacIlwaine

Forward Movement Seen in April 2025 Visa Bulletin

The Visa Bulletin for April 2025 shows continued forward movement in the final action dates for all EB-2 and EB-3 categories. The bulletin also remains consistent in the EB-1 categories with slight forward movement for EB-1… more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

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Ann Carr Mackey

Happy New Year from the IRS!

For the many employers and health care providers that have thus far been spending their holidays poring over the Affordable Care Act’s (ACA) new tax forms and their cryptic instructions in anticipation of the inaugural round of… more

Affordable Care Act, Applicable Large Employers (ALE), Employer Mandates, Filing Deadlines, IRS

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Eric Mackie

Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits

On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination… more

Americans with Disabilities Act (ADA), Biden Administration, Coronavirus/COVID-19, Governor Reynolds, New Legislation

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Kevin MacNeill

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and… more

Agribusiness, Agricultural Sector, Appellate Courts, Canada, Employer Liability Issues

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Rebecca Magee

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability of… more

Americans with Disabilities Act (ADA), Appellate Courts, Commute Time, Coronavirus/COVID-19, Corporate Counsel

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Patrick Maher

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in… more

Appeals, Arbitration, Arbitration Agreements, Discovery, Discrimination

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Michael Mahoney

Federal Budget Reconciliation Bill Changes HSA Rules and Impacts Income Taxes

On July 4, 2025, President Donald Trump signed a comprehensive budget reconciliation bill into law, loosening rules around health savings accounts (HSAs), extending telehealth relief, and providing additional income tax relief… more

Budget Reconciliation, Employee Benefits, Fringe Benefits, Health Insurance, HSA

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Shu Ying Mai

USCIS Reverts to 180-Day Automatic Extension of Employment Authorization for Certain Renewal Applicants

U.S. Citizenship and Immigration Services (USCIS) has ended its temporary 540-day automatic extension period for filing certain employment authorization documents (EAD). USCIS has reverted to the original 180-day period for… more

Asylum, Employment Authorization Documents (EAD), Immigration Procedures, Temporary Protected Status, USCIS

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Edward Majewski

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will… more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Standards Act

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Derek Maka

Supreme Court Reverses Lower Court Order Pausing Termination of CHNV Parole Program

On May 30, 2025, the Supreme Court of the United States issued an order granting the Trump administration’s application to stay a lower court order temporarily halting the rescission of the Cuba, Haiti, Nicaragua, and Venezuela… more

Appeals, Biden Administration, Cuba, Department of Homeland Security (DHS), Employment Authorization Documents (EAD)

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Stephan Makowka

Employer Considerations for Responding to Right of Access Requests Under Article 15 of the GDPR

In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with far-reaching… more

Data Protection, Employee Training, EU, EU Data Protection Laws, European Court of Justice (ECJ)

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Paola Maldonado

Minnesota Employment Legislative Update 2025, Part I: Breaking the Tie to Make the Law

After controlling Minnesota’s House, Senate, and governorship since 2023, the Minnesota Democratic–Farmer–Labor (DFL) Party’s legislative and gubernatorial “trifecta” at the state capitol is no more… more

Earned Sick Time, Employee Benefits, Employee Rights, Independent Contractors, New Legislation

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Christina Mallatt

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism… more

Alcohol Testing, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Drug & Alcohol Abuse

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Mark Mallery

CFTC Unveils Replacement Penalty Mitigation Policy Focused on Self-Reporting, Cooperation, and Remediation

The Commodity Futures Trading Commission (CFTC), an independent U.S. government agency that regulates the U.S. derivatives markets, including futures, options, and swaps, has announced a new policy for mitigating potential… more

CFTC, Commodity Exchange Act (CEA), Cooperation, Enforcement Actions, New Guidance

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Andrew Maloney

NLRB Restores Order to the “Dynamic Status Quo”

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent… more

Administrative Hearings, Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel

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Stefano Sandoval Malori

Mexican National Commission on Minimum Wages Approves an Increase to the 2019 Daily General Minimum Wage and Further Establishes Two Different Geographic Areas for Its Application

In December 2018, the Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos, or CONASAMI) issued a resolution to increase the daily general minimum wage (DGMW) beginning on January 1, 2019. This… more

Mexico, Minimum Wage, Wage and Hour

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Rachel Reingold Mandel

Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the… more

Breach of Contract, Business Profits, Covenant of Good Faith and Fair Dealing, Employment Litigation, Executive Compensation

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Norma Manjarrez

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act… more

Employee Handbooks, Employee Rights, Employment Policies, Labor Regulations, Labor Relations

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Melissa Manna

Biden Administration’s Current U.S. Travel Restrictions and Revised National Interest Exception Criteria

The ongoing COVID-19 pandemic has resulted in numerous presidential proclamations restricting travel and entry into the United States. Likewise, since the pandemic began, the criteria for “national interest exceptions” (NIEs)… more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Foreign Nationals, International Travel

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Katherine Manuel

Illinois Department of Human Rights Releases Its Model Sexual Harassment Prevention Training

It is now easier for employers to comply with the recent amendment to the Illinois Human Rights Act (IHRA) requiring employers to provide sexual harassment prevention training to employees by December 31, 2020 (and annually… more

Employee Training, Employer Liability Issues, Sexual Harassment

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Florence Mao

Oregon Enacts Wage Deduction Transparency Law

Oregon law requires employers to provide employees with itemized wage statements on regular paydays. Such statements must include details, such as date of payment, dates of work covered, employee’s name, employer’s name and… more

BOLI, Employee Rights, Employer Responsibilities, New Legislation, Pay Transparency

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Malou Mararang

President Trump’s Sanctuary City Executive Order blocked by California Judge

In the latest blow to President Trump’s immigration agenda, on Tuesday a federal judge in California blocked the Trump administration’s threat to withhold federal funds from so-called “sanctuary jurisdictions.” U.S. District… more

Constitutional Challenges, Executive Orders, Federal Funding, Immigration Reform, Preliminary Injunctions

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Nicholas Marfori

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil… more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Internet Retailers, Online Platforms, Public Accommodation

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Sharon Margello

U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one amendment… more

Amended Legislation, Legislative Committees, Pending Legislation, Private Right of Action, Trade Secrets Protection Act of 2014

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Richard Mariani

Two More New Jersey Towns Pass Paid Sick Leave Ordinances

Citing the lack of paid sick time for private-sector workers and the goals of reducing health care expenditures and promoting a healthier and more productive workforce, the towns of Morristown and Plainfield, New Jersey,… more

Employee Benefits, Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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Lauren Marino

Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

Employers consider many factors when choosing whether to challenge investigatory subpoenas. They now have an additional consideration: whether a court might grant the Occupational Safety and Health Administration (OSHA) more… more

Enforcement Actions, Equitable Tolling, OSHA, Statute of Limitations, Subpoenas

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Rebecca Marks

Employers in Finland Have Little Time Left to Take Advantage of Employment Contracts Act Amendments Transition Period

Employers in Finland have a deadline of December 31, 2022, to double-check their pre-2022 employment contracts for noncompetition clauses and to waive them before the end of the transition year, if necessary… more

Employment Contract, Finland, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Jacquelyn Maroney

Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect from… more

H-1B, Hiring & Firing, Human Resources Professionals, Immigration Procedures, USCIS

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Michael Marra

Ogletree Governmental Affairs State Round-Up

In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal… more

Commercial Truck Drivers, Commuter Tax Benefits, Franchisee, Independent Contractors, Minimum Wage

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Tevis Marshall

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal law… more

Day Laborers, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Fluctuating Workweek

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Alexis Martin

Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case

On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of… more

Appeals, Corporate Counsel, Drug-Free Workplace Act, Employment Policies, Marijuana

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Anthony Martin

Nevada Amends Restrictive Covenant Statute

On May 25, 2021, Nevada Governor Steve Sisolak signed into law Assembly Bill (AB) 47, which amends Nevada’s noncompetition statute, NRS 613.195 and the Nevada Unfair Trade Practices Act. The changes will go into effect on… more

Employer Liability Issues, Employment Contract, Governor Sisolak, Hiring & Firing, Intellectual Property Protection

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Bonnie Martin

Indiana Approves Restrictions on Employer Vaccine Mandates: What Employers Need to Know

On March 3, 2022, the Indiana General Assembly passed House Bill 1001, which restricts employer COVID-19 vaccine mandates. This legislation - which was controversial out of the gate - was toned down significantly by the Senate… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Federal Contractors, Federal Employees

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Cécile Martin

Nanterre Court of Justice Issues First Decision About Introduction of AI in the Workplace in France

For the first time, a French court has ruled on the implementation of artificial intelligence (AI) processes within a company… more

Algorithms, Artificial Intelligence, Consultation, Employee Rights, Employment Litigation

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John Martin

Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court remanded the… more

Administrative Authority, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Patrick R. Martin

Minnesota Governor Signs Labor Funding, Noncompete Ban Bill Into Law

On May 24, 2023, Minnesota Governor Tim Walz signed into law a sweeping omnibus jobs and economic development and labor funding bill that will invest $500 million in a fund to match federal investments in infrastructure and… more

Economic Development, Employer Liability Issues, Employment Contract, Hiring & Firing, New Legislation

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Ryan Martin

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and… more

Agribusiness, Agricultural Sector, Appellate Courts, Canada, Employer Liability Issues

See all updates »

Suzanne Martin

What to Watch in Nevada’s 2025 Legislative Session: Key Employment-Related Bills

On February 3, 2025, the Nevada state legislature kicked off its latest legislative session, and state lawmakers are poised to consider several bills that could impact employers and employees, from last day pay provisions to… more

Collective Bargaining Agreements (CBA), Employee Benefits, Employment Contract, Minors, Paid Leave

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Claudia Martorell

H-1B Registration Numbers for FY 2026 H-1B Cap Reveal an Increase in Selection Rate

U.S. Citizenship and Immigration Services (USCIS) has released the selection numbers for the fiscal year (FY) 2026 H-1B cap, revealing a selection rate of approximately 35 percent compared to 29 percent in FY 2025… more

Beneficiaries, Filing Deadlines, Fiscal Year, Foreign Workers, H-1B

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Michelle Maslowski

Technology and Trends in the Healthcare Industry, Part II: Answers on Independent Contractor Status for Healthcare Employers

With the rise of apps and websites providing on-demand healthcare, there is little doubt that the use of independent contractors is a hot topic in the healthcare industry. The ability of skilled professionals to freelance is an… more

Employee Definition, Employer Liability Issues, Healthcare Facilities, Hospitals, Independent Contractors

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David P. Mason

Vermont Becomes Fifth State to Require Paid Sick Leave

On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other… more

Employer Liability Issues, New Legislation, Paid Leave, Paid Sick Leave Act, Safe Leave

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Erik Mass

New York City Amends Fair Chance Factors Under Ban-the-Box Law

On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021… more

Adverse Employment Action, Amended Legislation, Ban the Box, Conditional Job Offers, Criminal Background Checks

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Andrew Massara

San Francisco’s COVID-19 Response: Emergency Back-to-Work Ordinance Requires Reemployment of Laid-Off Workers

On June 23, 2020, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance. The ordinance requires certain San Francisco employers to offer reemployment to covered employees who were subjected to… more

Coronavirus/COVID-19, Employer Responsibilities, Layoffs, Local Ordinance, Popular

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Michael Masse

USCIS Announces H-1B Cap Lottery Results for Fiscal Year 2025

On March 27, 2024, U.S. Citizenship and Immigration Services (USCIS) began to release the fiscal year (FY) 2025 H-1B cap lottery results following an announcement that it had received enough registrations during the initial… more

H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Lottery, USCIS

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Gray Mateo-Harris

The Upcoming Presidential Election and the Unique Challenges to Workplaces It Presents

Your employees, similar to the rest of the world, likely are riveted by one of the most hotly contested and controversial elections in U.S. history: the 2016 presidential campaign. Regardless of whether your employees are with… more

Best Management Practices, Equal Employment Opportunity Commission (EEOC), Presidential Elections

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Eric Mathisen

The Ninth Circuit Speaks Out on Mental Health Parity

On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity… more

Algorithms, Claims Processing Systems, Health Insurance, Mental Health, Mental Health Parity Rule

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Michael Matula

COVID-19 & Cyber Security: Protecting Trade Secrets and Confidential Information During the Telework Boom

In response to the COVID-19 pandemic, some parts of the country are now in the third month of a lockdown. As a result of the lockdown, a large portion of U.S. businesses quickly transitioned their workforces to telework in the… more

Confidential Information, Coronavirus/COVID-19, Cybersecurity, Remote Working, Telecommuting

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Sarah Maxwell Kadel

October 2024 Visa Bulletin Shows Some Advancement in Key Employment-Based Categories, Though EB-3 China Retrogresses

The October 2024 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month in many key categories. However, EB-3 China retrogresses and there is some… more

China, EB-3, Filing Deadlines, Immigration Procedures, India

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Jeff Mayes

Fifth Circuit Court of Appeals Negates Ruling on Federal Contractor Minimum Wage

On March 28, 2025, the Fifth Circuit Court of Appeals vacated its previous ruling that permitted a $15 per hour minimum wage for federal contractors, shortly after President Donald Trump revoked the Biden administration rule… more

Administrative Procedure Act, Appeals, Biden Administration, Executive Orders, Federal Contractors

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James McBride

Dallas Paid Sick Leave Ordinance Enjoined on Eve of Enforcement

The Dallas paid sick leave ordinance was enjoined less than two days before the City of Dallas was set to begin full enforcement. U.S. District Judge Sean Jordan enjoined the ordinance on March 30, 2020… more

Constitutional Challenges, Local Ordinance, Paid Leave, Preliminary Injunctions, Sick Leave

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Kayla McCann

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal of a… more

Corporate Counsel, Disparate Treatment, Employee Misconduct, Employer Liability Issues, Employment Discrimination

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Matthew McCarthy

Happy Canada Day for Employers: Ontario to Reverse Changes to Public Holiday Pay Legislation

Many employers, particularly those that employ a significant number of part-time and casual workers, will be quite pleased by the Ontario government’s decision to reverse a controversial part of the amendments to labour and… more

Canada, Holiday Pay, Ministry of Labour, Part-Time Employees, Wage and Hour

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Matthew McCluer

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator… more

Arbitration Agreements, Arbitrators, Contract Amendments, Corporate Counsel, Delegation Clauses

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Christopher McCracken

Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding compensable work time in Buero v. Amazon.com Services, Inc. The plaintiff in Buero, a warehouse employee, claimed that Amazon had… more

Amazon, CA Supreme Court, Employment Litigation, Employment Policies, Fair Labor Standards Act (FLSA)

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Marcus McCray

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with… more

ADEA, Americans with Disabilities Act (ADA), Appeals, Claims Limitations Period, Contract Terms

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Sara McCreary

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from… more

Bargaining Units, Collective Bargaining, Community of Interest, NLRA, NLRB

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Nicola McCrudden

Navigating the Rise in Data Subject Access Requests

Recently, there has been an increase in individual rights activity across Europe, particularly organizations receiving Data Subject Access Requests (DSARs) from former employees… more

Artificial Intelligence, Data Protection, Data Subject Access Requests, Employee Rights, EU

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Brian L. McDermott

Seventh Circuit Finds Five-Year Sale-of-Business Noncompete Agreement Valid

In E.T. Products, LLC v. D.E. Miller Holdings, Inc., the Seventh Circuit Court of Appeals recently held that noncompete agreements signed by sellers of a business were enforceable under Indiana law, but the sellers did not… more

Appeals, Breach of Contract, Corporate Counsel, Non-Compete Agreements, Restrictive Covenants

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Savannah McDonald

Virginia General Assembly Passes Workplace Violence Prevention Requirements

On March 7, 2025, Virginia’s General Assembly passed House Bill (HB) 1919, requiring by January 1, 2027, any Virginia employer of one hundred or more employees to develop, implement, and maintain a workplace violence policy. The… more

Corporate Counsel, Employee Rights, Employment Policies, Pending Legislation, Reporting Requirements

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Charles McDonald, III

California Law Strengthens Enforcement of Tip Theft

On July 30, 2025, California Governor Gavin Newsom signed into law a bill (Senate Bill 648) that authorizes the state’s labor commissioner to investigate tip theft and levy fines for violations. The new law is particularly… more

Employer Responsibilities, Enforcement Actions, Governor Newsom, Hospitality Industry, New Legislation

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Natalie McEwan

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March… more

Department of Homeland Security (DHS), Department of Labor (DOL), Final Rules, Foreign Nationals, Foreign Workers

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Katlyn McGarry

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the… more

Disability, Employment Litigation, Employment Policies, Medical Certification Requests, Medical History

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Amy McGeever

The Nevada Pregnant Workers’ Fairness Act Official Notice Is Here

The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in… more

Employer Mandates, Hiring & Firing, New Regulations, Notice Requirements, Pregnancy

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James McGrew

Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers - April 2022

In the spring of 2021, we conducted our first benchmarking survey of in-house counsel and senior HR professionals. At that time, the world remained firmly in the grips of the pandemic, with employers facing many new and emerging… more

Compliance, Coronavirus/COVID-19, Cross-Border, Employee Retention, Equity Compensation

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Daniella McGuigan

Northern Ireland: Gender Pay Gap Reporting

In February 2025, the Department for Communities in Northern Ireland closed a public consultation that began late last year on the proposed introduction of a requirement for Northern Ireland employers to report on their gender… more

Administrative Authority, Consultation, Employee Rights, EU, EU Directive

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Thomas McInerney

California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and… more

Anti-Discrimination Policies, Contract Terms, Employer Liability Issues, Enforcement, Freelance Workers

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Edmund J. McKenna

Eleventh Circuit Limits Reach of Arbitration Agreements, Finds “Pay Your Own Fees” Clause Unenforceable

On November 22, 2019, the United States Court of Appeals for the Eleventh Circuit, the court with jurisdiction over Alabama, Florida, and Georgia, handed down a decision that invalidates certain provisions in arbitration… more

Appeals, Arbitration, Arbitration Agreements, Attorney's Fees, Employment Litigation

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David McKinney

Improper HIPAA Disclosure Results in Termination and Legal Dispute

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been… more

Appeals, Employer Liability Issues, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hiring & Firing

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Nicholas McKinney

OSHA’s Proposed Heat Injury and Illness Prevention Standard in Focus: Analysis and Review

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule would apply to all employers and be… more

General Duty Clause, Health and Safety, Heat Exposure, NEP, OIRA

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Neil McKittrick

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the… more

Athletes, Basketball, Collective Bargaining, College Athletes, Colleges

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Michael McKnight

North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become law… more

Governor Cooper, Local Ordinance, Municipalities, Non-Discrimination Rules, State and Local Government

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Scott McLaughlin

Florida Legislature Passes Restrictive Covenants Bill

On April 24, 2025, the Florida Legislature passed legislation to create two new forms of noncompetes for employers and businesses: a covered garden leave provision and a provision limiting noncompetes to a specific geographic… more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Non-Compete Agreements

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Michelle McMahon

The EEOC’s Webinar on the COVID-19 Pandemic and Antidiscrimination Laws - an Overview

On March 27, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) conducted a webinar to address emerging questions regarding the COVID-19 pandemic and the EEOC’s previously updated pandemic guidance. The EEOC has not… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Emergency Management Plans, Equal Employment Opportunity Commission (EEOC), Workplace Safety

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Simon McMenemy

Understanding the UK Data (Use and Access) Act 2025

The UK Data (Use and Access) Act 2025, which came into force on 19 June 2025 and will be implemented in a phased approach, marks a significant shift in the United Kingdom’s approach to data regulation… more

Data Privacy, Data Protection, Data Protection Acts, Data Subject Access Requests, Information Commissioner's Office (ICO)

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Mark McNitzky

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s… more

Americans with Disabilities Act (ADA), Attendance, Corporate Counsel, Disability, Employer Liability Issues

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Jordan Mendez

4th Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign nationals… more

Executive Orders, Foreign Nationals, Immigration Procedures, Immigration Reform, Refugees

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Marcela Mendoza

BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden of… more

BALCA, Department of Labor (DOL), Hiring & Firing, PERM, Recruitment Policies

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Jenna Mennona

Contractor Blacklisting Update: Procurement Officials Stand Down for Now

On October 24, 2016, the U.S. District Court for the Eastern District of Texas entered a nationwide injunction preliminarily enjoining the Obama administration from implementing final rules to effectuate Executive Order 13673,… more

Blacklist, Department of Labor (DOL), DFAR, Disclosure Requirements, Executive Orders

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Jocelyn Merced

New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

On December 3, 2015, Senate Bill 2145 was approved, 62-0, by the New Jersey Assembly. (The bill had already been passed by the New Jersey Senate in May.)… more

Hiring & Firing, Job Applicants, Pending Legislation, Veterans

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John Merrell

NLRB Bans Mandatory Informational Meetings, Overturns 76-Year-Old Precedent

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization… more

Collective Bargaining, Corporate Counsel, Employer Liability Issues, Free Speech, NLRA

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Andrew Merrills

EAD Terminations and Status Change Reporting: Key Updates for E-Verify Users

The U.S. Department of Homeland Security (DHS) has begun revoking employment authorization documents (EADs) for certain noncitizens whose parole into the United States has been terminated. This includes individuals paroled… more

Corporate Counsel, Department of Homeland Security (DHS), E-Verify, Employer Responsibilities, Employment Authorization Documents (EAD)

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Andrew Metcalf

Court of Appeals Stays OSHA’s Emergency Temporary Standard

On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the Emergency Temporary Standard issued this week by the Occupational Safety and Health Administration. The ETS would require… more

Appeals, Biden Administration, Coronavirus/COVID-19, Employer Mandates, Executive Orders

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Ted Meyer

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act… more

Administrative Interpretation, Best Management Practices, Construction Industry, Construction Workers, Contractors

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Harrison Meyers

Denver Ordinance Creates New Avenue for Workers to Pursue Wage Theft Violations by Employers

On January 10, 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that will provide new avenues for workers in the City and County of Denver to pursue claims for wage… more

Anti-Retaliation Provisions, Complaint Procedures, Employer Liability Issues, Local Ordinance, Notice Requirements

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Michael Westwood-Booth

New Jersey Bill to Eliminate Minimum Wage Tip Credit Will Impact Hospitality Industry

New Jersey stands at a crossroads regarding the compensation of tipped workers. Introduced on March 10, 2025, Assembly Bill A5433 proposes a significant change to the New Jersey Wage and Hour Law: phasing out the “tip credit.”… more

Employee Rights, Hospitality Industry, Minimum Wage, New Legislation, Proposed Legislation

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Bailey Michell

U.S. Department of Transportation Approves Oral Fluid Testing for Drug Testing

On May 2, 2023, the U.S. Department of Transportation (DOT) published a final rule amending its regulated industry drug testing program to allow for oral fluid testing… more

Department of Transportation (DOT), Drug Testing, Employment Policies, Final Rules, Transgender

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Jan Michelsen

Indiana Supreme Court Favors Employee Over Interpretation of “Public Policy” Exception to At-Will Employment.

In Perkins v. Memorial Hospital of South Bend (Case No. 20S-CT-233), a split Indiana Supreme Court ruled in favor of an employee who was discharged after testifying against Memorial Hospital of South Bend at a coworker’s… more

At-Will Employment, Employment Litigation, IN Supreme Court, Public Policy, Unemployment Benefits

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Christopher Mikula

Governor Whitmer Signs Legislation Repealing Michigan’s Right-to-Work Law

On March 24, 2023, Governor Gretchen Whitmer signed into law legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation had previously passed the Michigan House of Representatives on March… more

Governor Whitmer, New Legislation, Private Sector, Repeal, Right to Work

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Sheldon Miles

Vaccine Incentives - You Have Questions, We Have Answers

More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs. As record numbers of vaccinations take place daily, many employers have… more

Americans with Disabilities Act (ADA), Best Practices, CARES Act, Civil Rights Act, Coronavirus/COVID-19

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M. Brooks Miller

South Carolina Court of Appeals Weighs in on South Carolina’s Political Opinions Statute, Approves Discharge of Employee for Excessive Personal Use of Company Phone and Laptop

In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company’s termination of an employee for using company devices, on company time, to oppose a local building project that… more

Appeals, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Tracy Miller

DOL Reissues Opinion Letter Eliminating the 80/20 Rule

On November 8, 2018, the Department of Labor (DOL) gave hospitality employers good news when it retracted its “80/20 rule,” which prevented employers from taking the tip credit when tipped employees spent more than 20 percent of… more

Code of Federal Regulations (CFR), Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Hotels

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Wendy Miller

KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials”… more

Employer Responsibilities, Infectious Diseases, State OSHA Laws, Training Requirements, Workplace Safety

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Meghan Mills

Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal grey… more

Anti-Discrimination Policies, Domestic Workers, Employee Training, Employment Policies, Governor Murphy

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Michael Mitchell

Florida Governor Signs Law Easing Hourly Work Restrictions on Minors

On March 22, 2024, Florida Governor Ron DeSantis signed a bill into law that amends the state’s Child Labor Law to allow minors sixteen and seventeen years of age to work more hours… more

Child Labor, Employer Liability Issues, Exclusions, Governor DeSantis, Minors

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Sofia Mitchell

20 Tips for U.S. Virgin Islands Employers in 2020: COVID-19 Guidance for Restaurants, Bars and Nightclubs

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a… more

Coronavirus/COVID-19, Employer Responsibilities, Hospitality Industry, Re-Opening Guidelines, Restaurant Industry

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Brian Moen

Minnesota Governor Issues Executive Order Temporarily Suspending Consumer Debt Garnishments

On May 4, 2020, Minnesota Governor Tim Walz signed Emergency Executive Order (EO) 20-50, which temporarily suspends the service of wage garnishment summonses in Minnesota for consumer debts originating “from the purchase of… more

Coronavirus/COVID-19, Executive Orders, Financial Distress, Governor Walz, Moratorium

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Jerald Monson III

California DFEH Announces Pregnancy and Bonding Leave App

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new interactive tool for obtaining tailored guidance on job-protected leave for pregnancy-related disability or to bond with a new… more

California Family Rights Act (CFRA), DFEH, Disability Benefits, Parental Leave, Pregnancy

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Jonathan Mook

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans… more

Americans with Disabilities Act (ADA), Benefit Plan Sponsors, Certiorari, Disability, Disability Discrimination

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Christopher Moore

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a… more

Appeals, Corporate Counsel, Department of Labor (DOL), EMD Sales Inc v Carrera, Employment Litigation

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Marielle Moore

Colorado’s Guidance on Annual Notice to Employees Regarding Available Income Tax Credits

In November 2023, the Colorado Department of Revenue’s (CDOR) Taxation Division issued guidance containing mandatory language to be included in notices provided to employees regarding available federal and state income tax… more

Child Tax Credit, Department of Revenue, Earned Income Credit, Notice Requirements, Refunds

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Chris Morehead

Oregon’s Predictive Scheduling Law: An Overview of BOLI’s Proposed Rules

On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018. A link to the proposed rules is… more

BOLI, Collective Bargaining Agreements (CBA), Employer Liability Issues, Employer Mandates, Hospitality Industry

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Natalia Merino Moreno

Mexico Issues New Federal Labor Inspection Guidelines: How Do They Impact Employers?

On June 11, 2025, Mexico’s Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social (STPS)) published in the Official Gazette of the Federation (Diario Oficial de la Federación) new operating guidelines… more

Government Agencies, Labor Regulations, Mexico, Penalties, Workplace Safety

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Mark Morgan

Washington State Issues Advisory Urging Travelers to Quarantine for Two Weeks

On November 13, 2020, Governor Jay Inslee issued a travel advisory for Washington State recommending a 14-day quarantine for all persons entering the state and encouraging residents to stay close to home. Governor Inslee joined… more

Best Practices, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases

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Karen Morinelli

Florida Teachers Union Fails to Upend Law on Dues and Recertification Requirements for Public-Sector Unions

On July 24, 2024, Judge Mark Walker of the U.S. District Court for the Northern District of Florida dealt Florida teachers unions a critical blow in their attempt to overturn Senate Bill (SB) 256 regarding public-sector union… more

Amended Legislation, Collective Bargaining Agreements (CBA), Public Sector, Public Sector Unions, Recertification

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Rachel Moroski

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May 27,… more

ADEA, Adverse Employment Action, Americans with Disabilities Act (ADA), Collective Bargaining Agreements (CBA), Corporate Counsel

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Rachel Morris

Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season approaching, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma intensifying in the Atlantic Ocean with a westward path, Florida employers may want to familiarize… more

Best Management Practices, Employer Liability Issues, Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Hurricane Harvey

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John Morrison

Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements… more

Employee Benefits, Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules

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Marifrances Morrison

Rescission of DACA Program: What Employers Need to Know

On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals (DACA) and the Department of Homeland Security (DHS) issued the Memorandum on Rescission Of Deferred… more

Corporate Counsel, DACA, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Executive Orders

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Michael Morrison II

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in… more

ADEA, Age Discrimination, Compensatory Damages, Employer Liability Issues, Employment Litigation

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Evan Moses

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues they… more

ADEA, Baby Boomers, Canada, Compensation & Benefits, Department of Labor (DOL)

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Ryan Mosser

USCIS to Use ‘Final Action Dates’ Chart for Calculating Child Status Protection Act Age

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual, effective August 15, 2025, revising how to calculate age under the Child Status Protection Act (CSPA) for dependent children approaching the… more

Adjustment of Status, CSPA, Dependents, Final Action, Form I-140 Petitions

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W. Gregory Mott

The Obama Administration’s Proposed “Labor Violation” Reporting Duties Present Challenges for Federal Contractors

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to 14… more

Barack Obama, Data Collection, Department of Labor (DOL), Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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Jeffrey Moyle

Cleveland Will Prohibit Salary Inquiries and Require Salary Ranges in Job Postings

On April 28, 2025, the Cleveland City Council unanimously passed Ordinance No. 104-2025 (the “salary ordinance”), which will ban any employer that employs fifteen or more employees in the City of Cleveland, as well as any… more

Hiring & Firing, Job Ads, Local Ordinance, Pay Transparency, Salary/Wage History

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Jonathan Mraunac

Construction One-Minute Read: Illinois Fails to Make General Contractors Responsible for All Wages on Private Projects

The big legislative news in Illinois this spring concerned the passage of a law permitting marijuana for recreational use, beginning January 1, 2020. This development overshadowed other news affecting the construction industry -… more

Construction Contracts, Construction Industry, Decriminalization of Marijuana, Employer Liability Issues, General Contractors

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Bernhard Mueller

U.S. Embassy in Moscow Announces Significant Reduction of Consular Services

U.S. Embassy Moscow recently announced plans to reduce its consular workforce by 75 percent and significantly reduce its consular services. The announcement comes in response to the Russian government’s move to ban the U.S… more

Administrative Agencies, Biden Administration, Consulate, Economic Sanctions, Foreign Workers

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Michelle Muhleisen

Colorado’s Revised INFO #9 Stops the Presses...on Job Postings Requirements

Employers covered by the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) will now have to post wage and benefit information for all covered promotional opportunities and job openings (including remote jobs that can be… more

Disclosure Requirements, Employee Benefits, Equal Pay, Minimum Salary, Pay Transparency

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Nicole Mulé

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Appeals, Associational Discrimination, Disability Discrimination

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Amanda Mullane

Federal Judge Order Suspends Termination of Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) Parole Program

On April 14, 2025, a Massachusetts federal district court judge issued a temporary nationwide order suspending the U.S. Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV)… more

Biden Administration, Cuba, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals

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Federico Muñoz

USCIS Revises Form I-9: What’s New?

U.S. Citizenship and Immigration Services (USCIS) published a new edition of the I-9, Employment Eligibility Verification Form on July 17, 2017. Employers may now use the revised version, dated 07/17/17 N, or continue using the… more

Employment Eligibility Verification, Form I-9, Hiring & Firing, Required Forms, USCIS

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James Murphy

District of Columbia to Eliminate the Tip Credit: a Specter of the Future?

Currently, employers in the District of Columbia (like the majority of states) are permitted to count customer tips toward the minimum hourly wage they must pay to certain service employees. This practice is often… more

Minimum Wage, New Legislation, Tip Credit, Tipped Employees, Wage and Hour

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Christopher Murray

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The court… more

Arbitration, Arbitration Agreements, Arbitration Fees, Burden of Proof, CA Supreme Court

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Hendrik Muschal

Working Party Confirms That Employers of All Sizes Must Maintain Article 30 Records of Processing for Human Resources Data

On April 19, 2018, the Article 29 Working Party (Working Party), which is comprised of representatives from the data protection authorities in each of the 28 European Union (EU) member states, issued a position paper stating… more

Article 29 Working Party (WP29), Corporate Counsel, Data Controller, Data Protection, EU

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Michael Nacchio

New Jersey Employers Waiting for Guidance on Unemployment Compensation Law

Amendments to New Jersey’s Unemployment Compensation Law (UCL) are scheduled to take effect on July 31, 2023. One of the most significant changes to the UCL is that employers will now need to electronically report certain… more

Amended Legislation, Electronic Reporting, Hiring & Firing, State Labor Departments, Unemployment Insurance

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Michael Nader

California Supreme Court Rules Employer Can Avoid Penalties for Good-Faith Wage Reporting Violation

On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the employer… more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Good Faith, Labor Law Violations

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Tibor Nagy Jr.

Tucson’s Minimum Wage Ordinance Takes Effect on April 1, 2022 - Don’t Be Fooled

On November 2, 2021, voters in Tucson, Arizona, passed Proposition 206 (officially titled the Tucson Minimum Wage Act (TMWA)). This new city ordinance increases the minimum wage for virtually all employees working within the… more

Local Ordinance, Minimum Wage, Wage and Hour

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S. Michael Nail

Merry and (Loper) Bright: Where the Impact of the Supreme Court’s Decision Stands This Holiday Season

Over the last six months, federal and state courts have been unwrapping the landmark Supreme Court of the United States decision in Loper Bright Enterprises v. Raimondo and navigating a new legal landscape that challenges… more

Administrative Agencies, Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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Sean Nalty

Ninth Circuit Affirms ERISA Plan Administrator’s Decision, Validates Use of Industry Guidelines and Medical Evidence

On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in Wit v. United Behavioral Health, in which he attempted to significantly change how… more

Abuse of Discretion, Appeals, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA), Health Insurance

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Leigh Nason

Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP if You Don’t Object!

The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1… more

Corporate Counsel, Department of Labor (DOL), EEO-1, Federal Contractors, Federal Register

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Natalie Wyatt-Brown

Minneapolis Passes Paid Sick and Safe Leave Ordinance

On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers… more

City Councils, Local Ordinance, New Legislation, Paid Leave, Recordkeeping Requirements

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Aaron Nava

Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees

On March 18, 2022, Arizona Governor Doug Ducey signed nineteen bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background checks… more

Background Checks, Criminal Records, Governor Ducey, Hiring & Firing, Job Applicants

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Camden Navarro

EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues

Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update on the subject of… more

Corporate Counsel, Employee Rights, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Christopher Near

Labor Secretary Lifts Abeyance on OFCCP Disability and Veteran Matters

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified the contractor community about U.S. Department of Labor (DOL) Secretary’s Order 08-2025, which lifted the abeyance previously instituted in… more

Affirmative Action, Department of Labor (DOL), Disability Discrimination, Enforcement Actions, Executive Orders

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Diana Nehro

Navigating Permanent Establishment Risks in Cross-Border Employment

As businesses continue to expand their operations across borders—by engaging contractors, hiring employees, or initiating other revenue-generating activities overseas—understanding permanent establishment risks becomes critical… more

Corporate Taxes, Foreign Investment, Foreign Workers, Income Taxes, Multinationals

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Jennifer Nelson

Idaho Governor Issues Stay-Home Order Impacting Idaho Businesses

On March 25, 2020, Governor Brad Little and the Idaho Department of Health and Welfare issued a statewide Order to Self-Isolate, which went into effect at 1:30 p.m. on March 25, 2020, for at least 21 days, at which point the… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

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Kyle Nelson

Washington Raises Income Thresholds for Employees, Contractors Subject to Noncompetition Covenants Nearly 6 Percent for 2022

In May 2019, Washington State enacted restrictions on the enforceability of noncompetition covenants. The law, which took effect on January 1, 2020, requires the state to annually adjust the income thresholds for workers who are… more

Contract Terms, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Kristi Nelson Foy

Pay Transparency Update: Summer 2025

As employers move into the second half of 2025, pay transparency continues to expand across the states. And, perhaps, enforcement is starting to keep pace with legislative activity… more

Corporate Counsel, Disclosure Requirements, Enforcement Actions, Local Ordinance, Multistate Employers

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Rafael Nendel-Flores

California Court Rejects Verbal Rent Credit Agreement, Finds Building Managers Are Not Exempt From Check Stub Law

On December 1, 2016, a California Court of Appeal, in an unpublished decision, issued a ruling addressing the scope of both California Industrial Welfare Commission Wage Order 5-2001’s minimum wage rent credit and California… more

Appeals, Contract Formation, Unpaid Wages, Wage and Hour, Wage Orders

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Molly Nephew

Minnesota Supreme Court Affirms ‘Severe or Pervasive’ Standard of Harassing Conduct Claims

In a much-anticipated decision, the Minnesota Supreme Court on June 3, 2020, declined to abandon the requirement that harassing conduct be “severe or pervasive” to be actionable under the Minnesota Human Rights Act (MHRA)… more

Employer Liability Issues, Employment Litigation, Harassment, Hostile Environment, Human Rights Act

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Kathryn Newman

What to Watch in Nevada’s 2025 Legislative Session: Key Employment-Related Bills

On February 3, 2025, the Nevada state legislature kicked off its latest legislative session, and state lawmakers are poised to consider several bills that could impact employers and employees, from last day pay provisions to… more

Collective Bargaining Agreements (CBA), Employee Benefits, Employment Contract, Minors, Paid Leave

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Samuel Newman

New Illinois Labor and Employment-Related Laws Cover E-Verify, ‘Captive Audience Meetings,’ Noncompetition, AI, and More

The Illinois General Assembly had a busy year in 2024 drafting new legislation that was signed by Governor J.B. Pritzker and took effect on January 1, 2025. The following article summarizes important legal advancements in… more

Artificial Intelligence, Child Labor, E-Verify, Employee Rights, Employer Responsibilities

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Stephanie Ng

Making a List, Checking It Twice: Year-End Guidance on Drug Cost Reporting

Employers and their benefit administrators have more detail and a more convenient way to submit “top 50” lists and other data - but no more time to comply with - daunting prescription drug cost reporting requirements in the… more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Drug Pricing

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Robert Niccolini

New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions… more

Contract Terms, Dentists, Effective Date, Employer Liability Issues, Employment Contract

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Sarah Nichols

California’s Salary History Ban: Answers to Frequently Asked Questions

As discussed in our previous article, “California Governor Signs Law Banning Salary History Inquiries,” as of January 1, 2018, California employers are required to comply with California Labor Code Section 432.3, which prohibits… more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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Albert Nicholson

California’s Voting Leave Law: Employers’ Obligations as Election Day Approaches

As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election… more

Employee Rights, Voting Leave, Voting Rights

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Sherry Nielsen

Website Accessibility Regulations Delayed Again! (For At Least Three Years!!)

In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at least… more

Accessibility Rules, Department of Justice (DOJ), Disability, Website Accessibility, Websites

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Vicki M. Nielsen

IRS Clarifies Role of Gross-Ups When Taxes Are Assessed on an Earlier Year’s Fringe Benefits

When the Internal Revenue Service (IRS) determines during an examination that a fringe benefit should have been taxed and the employer accordingly has to pay additional taxes in a later year, how is the subsequent payment… more

Employment Tax, Federal Taxes, FICA Taxes, Fringe Benefits, IRS

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Todd Nierman

Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held… more

Employer Liability Issues, Hiring & Firing, Right to Work, Union Membership, Unions

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Gwendolyn Nightengale

Supreme Court Keeps Auer, but Dilutes Its Power

On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These… more

Administrative Agencies, Auer Deference, Chevron Deference, Denial of Benefits, Judicial Review

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David Nikolic

Alabama Amends State Income Tax Exemption for Overtime Payments

In November 2023, Alabama enacted a law exempting, from Alabama state income tax, amounts received by full-time hourly wage-paid employees as compensation for overtime worked. On May 17, 2024, Alabama amended the Overtime… more

Fair Labor Standards Act (FLSA), Income Taxes, New Legislation, Non-Exempt Employees, Over-Time

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Kristofer Noneman

Washington State’s Revised Personnel File Law - Effective July 2025

On May 13, 2025, Washington State enacted Substitute House Bill (SHB) 1308, which goes into effect on July 27, 2025. This new law amends RCW 49.12.240 and 49.12.250, significantly changing employer’s obligations regarding… more

Amended Legislation, Employee Privacy Rights, Employee Rights, Employer Responsibilities, Filing Deadlines

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Evelyn Norton

Many Federal Contractors Required to Increase Minimum Wage for Workers By 2022: Highlights of the Biden Administration’s New Executive Order

On April 27, 2021, President Joe Biden signed a new executive order (EO) requiring federal contractors and subcontractors to pay a $15.00 minimum wage to the thousands of workers who are working on or in connection with federal… more

Biden Administration, Corporate Counsel, Executive Orders, Fair Labor Standards Act (FLSA), Federal Contractors

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Lorena Nuñez

Ninth Circuit Issues a Positive Decision for Employers in the World of Background Checks

In recent years, California employers have faced an increasing number of class action lawsuits related to background check practices commonly used in the hiring process. These lawsuits arise from the Fair Credit Reporting Act… more

Appeals, Background Checks, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Jillian O'Brien

Maine Enacts Nation’s Strictest Data Privacy Restrictions on Internet Service Providers

On Thursday, June 6, 2019, Maine governor Janet Mills signed into law new data privacy protections for Maine residents. The law, entitled “An Act To Protect the Privacy of Online Customer Information,” places new restrictions on… more

Consumer Privacy Rights, Data Privacy, Internet Service Providers (ISPs), New Legislation, Privacy Laws

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Kyle O'Brien

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement that… more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Caitlin O'Fallon

New York State Department of Labor Issues Final New York State WARN Act Updated Regulations

On June 21, 2023, the New York State Department of Labor (NYSDOL) published updated regulations concerning the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act)… more

Amended Regulation, State Labor Departments, State Labor Laws, WARN Act

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Elizabeth O'Gara

Remote Witness Protection: Retirement Plan Consents in the Age of Social Distancing, Part II

The novel coronavirus pandemic has presented novel questions for pension plan administration. One such question has concerned how to balance the spousal consent requirements of participants’ pension elections with the need to… more

Coronavirus/COVID-19, IRS, Physical Presence Test, Retirement Plan, Social Distancing

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Michael O'Malley

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable… more

Anti-Discrimination Policies, Appeals, Coronavirus/COVID-19, Disability Discrimination, Employer Responsibilities

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Daniel O'Meara

Pivotal Employment Law Issues Impacting the Life Sciences Industry in 2025

As the life sciences industry prepares for 2025, employers must navigate a landscape marked by evolving employment laws, heightened pay transparency requirements, and ongoing scrutiny of workplace diversity, equity, and… more

Diversity and Inclusion Standards (D&I), Federal Labor Laws, Life Sciences, Non-Compete Agreements, OSHA

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Mary O'Neill

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of… more

Appeals, Appellate Review, Dismissals, Employment Discrimination, En Banc Review

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Osaro Obaseki

Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts

The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer… more

Appeals, Contract Terms, Employment Contract, Employment Litigation, Incentive Compensation

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Danielle Ochs

New White House AI Action Plan Aims to Remove Barriers and Shift Regulatory Focus

The Trump administration recently unveiled a new action plan relating to artificial intelligence (AI) technology that focuses on removing regulations and/or other barriers, building upon President Donald Trump’s prior executive… more

Artificial Intelligence, Department of Labor (DOL), Employee Training, Executive Orders, Federal Trade Commission (FTC)

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Kimberly Odums

Massachusetts Once Again Is Considering Enacting Comprehensive Noncompete Legislation

For nearly a decade, Massachusetts legislators have considered various bills aimed at regulating the use of noncompetition agreements in the commonwealth. Noncompetes currently are governed by Massachusetts case law which,… more

Employment Contract, Legislative Agendas, Non-Compete Agreements, Popular, Proposed Legislation

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Kristy Offitt

Eleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA

Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act… more

ADEA, Corporate Counsel, Disparate Impact, Disparate Treatment, En Banc Review

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Joleen Okun

The D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with the 2014 WTPAA, the D.C… more

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Lauren Oldham

Oklahoma’s New Medical Marijuana Law and Your Workplace

Oklahomans voted 57 percent in favor of State Question 788, resulting in the passage of the Oklahoma Medical Marijuana Act (OMMA) on June 26, 2018. Many experts consider the new law to be one of the broadest medical marijuana… more

Best Practices, Drug Testing, Employer Liability Issues, Employment Policies, Medical Marijuana

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Vanessa Olivar

President Trump Introduces Health Insurance Requirement for Immigrant Visa Applicants

According to a proclamation issued by President Donald Trump on October 4, 2019, the U.S. Department of State will begin issuing immigrant visas only to those foreign nationals who will have health insurance once admitted to the… more

Foreign Nationals, Health Insurance, Immigration Procedures, Trump Administration, US Department of State

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Sean Oliveira

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days? The… more

Americans with Disabilities Act (ADA), Chevron Deference, Civil Rights Act, Employment Discrimination, Employment Litigation

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Christopher Olmsted

States Redraw the Rules on Child Labor

Child labor laws have changed in several states this year with some states tightening restrictions on child labor and other states loosening their rules. California, Indiana, Michigan, Nevada, and Virginia are among the states… more

Amended Legislation, Child Labor, Department of Labor (DOL), Enforcement Actions, Fair Labor Standards Act (FLSA)

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Sara Olschewske

Employee Complaint Rights: Update on Executive Order 13496 Compliance

Executive Order (E.O.) 13496, signed on January 30, 2009, mandates that certain government contractors and subcontractors post notices informing their employees of their rights under federal labor laws… more

Department of Labor (DOL), Employee Rights, Executive Orders, Federal Contractors, Federal Labor Laws

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Michael Olsen

Ninth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now

In an important 2–1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are… more

Class Action Arbitration Waivers, Employer Liability Issues, Ernst & Young, Iskanian v CLS Transportation, NLRA

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Fiona Ong

Fifth Circuit Upholds Enactment of the Pregnant Workers Fairness Act

On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit overturned a federal district court’s decision to block the enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas… more

Appeals, Constitutional Challenges, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Final Rules

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Olivia Orlando-Donovan

Second Circuit Adopts Broad Reading of ADA Protections in Recent Workplace Accommodations Case

In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the scope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Alexandra Orsini Barone

5 Key Executive Compensation Trends and Issues for 2021

The 2021 executive compensation season will be more challenging than usual for most companies due to the financial and economic consequences of the COVID-19 pandemic. To meet these challenges, companies should be aware of… more

C-Suite Executives, Change in Control, Clawbacks, Corporate Governance, Disclosure Requirements

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Seth Ort

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the… more

Car Dealerships, Employer Liability Issues, Fair Labor Standards Act (FLSA), Non-Exempt Employees, Popular

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Melissa Ortega

Illinois Department of Human Rights Releases Its Model Sexual Harassment Prevention Training

It is now easier for employers to comply with the recent amendment to the Illinois Human Rights Act (IHRA) requiring employers to provide sexual harassment prevention training to employees by December 31, 2020 (and annually… more

Employee Training, Employer Liability Issues, Sexual Harassment

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D. Colby Orton

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special… more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Miyuki Oshima

Don’t Be Bulldozed by Snow Days: What to Consider Before Docking Pay for Weather-Related Absences

With thanks likely to the polar vortex, states across the nation are experiencing record low temperatures this winter. The bitterly cold winter has caused employees to call off work (or show up late) and employers to voluntarily… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Severe Weather, Wage and Hour, Weather Policy

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Melissa Osipoff

NYC Issues Guidance on Protections for Pregnant Employees

On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how… more

Hiring & Firing, New Guidance, NYCCHR, NYCHRL, Pregnancy Discrimination

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Jaclyn Otfinoski

USCIS Updates O-1 Guidance for Extraordinary Ability in Arts and Motion Picture Industries

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1B nonimmigrants of extraordinary ability in the arts and motion picture or television industry. The updated guidance, effective… more

Artists, Entertainment Industry, Foreign Nationals, Guidance Update, Music Industry

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James Otovic

Rescinded Guidance: Unpacking NLRB Acting General Counsel Cowen’s Policy Overhaul

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer… more

NLRA, NLRB, NLRB General Counsel, Policy Memorandums, Rescission

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Samuel Ottinger

Cleveland Will Prohibit Salary Inquiries and Require Salary Ranges in Job Postings

On April 28, 2025, the Cleveland City Council unanimously passed Ordinance No. 104-2025 (the “salary ordinance”), which will ban any employer that employs fifteen or more employees in the City of Cleveland, as well as any… more

Hiring & Firing, Job Ads, Local Ordinance, Pay Transparency, Salary/Wage History

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Chris Pace

Sixth Circuit Adopts New Certification Process in FLSA Collective Actions

On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor… more

Appeals, Class Action, Class Certification, Collective Actions, Corporate Counsel

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Jennifer Pacicco

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and not… more

Americans with Disabilities Act (ADA), Drug Testing, Employee Rights, Failure to Accommodate, Healthcare

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Ellen Pactor

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Back Pay, Disability Discrimination, Employee Rights

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Pia Padfield

Spring: A Time for Change in UK Employment and Data Protection Law

Spring is always a time for new beginnings: the end of the financial year and the start of a new one, government election season, and time to advance clocks forward for daylight saving time. In the United Kingdom, spring also… more

Compensatory Awards, EU Data Protection Laws, Parental Leave, UK, UK Employment Appeal Tribunal

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Anna Padgett

Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law

On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management… more

Appeals, Choice-of-Law, Fair Labor Standards Act (FLSA), Federal Enclave Rules, Federal Labor Laws

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Caroline Page

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations… more

Corporate Counsel, Department of Homeland Security (DHS), Department of Labor (DOL), Executive Orders, Foreign Workers

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Sean Paisan

Comprehensive Data Privacy Law Brings Big Changes to Virginia, but Excludes Employee Personal Data

Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Controller, Data Privacy, Data Processors

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Helen A. Palladeno

Summary of the EEOC’s New Strategic Enforcement Plan and What Employers Need to Know

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently released to the public its draft Strategic Enforcement Plan (SEP or Plan). The SEP will take effect October 1, 2012, and will remain in effect until… more

Anti-Retaliation Provisions, Discrimination, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Migrant Workers

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Jared Palmer

The Supreme Court Rules on Class Action Removal Limits for Third-Party Counterclaim Defendants

In Home Depot U. S. A., Inc. v. Jackson, No. 17-1471 (May 28, 2019), the Supreme Court of the United States addressed whether third-party counterclaim defendants in class actions have authority under the general removal… more

CAFA, Class Action, Co-Defendants, Counterclaims, Federal Rules of Civil Procedure

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Danuta Bembenista Panich

U.S. Supreme Court Again Takes on FLSA Donning and Doffing

Unionized employers whose employees must wear protective equipment may soon receive direction on whether they must pay for time spent donning and doffing the gear. On February 19, 2013, the U.S. Supreme Court granted review on… more

Collective Bargaining, Department of Labor (DOL), Doffing, Donning, Fair Labor Standards Act (FLSA)

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Adam Pankratz

Washington State Makes Key Changes to Amend Equal Pay and Opportunities Act

On April 22, 2025, the Washington State Senate passed Substitute Senate Bill 5408, as amended by the House on April 15, 2025 (“Amended SSB 5408”), making substantial changes to the Equal Pay and Opportunities Act related to pay… more

Damages, Employee Rights, Employment Litigation, Equal Pay, Job Applicants

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Christina Pantazis

Strengthening Government Fraud Enforcement: Administrative False Claims Act Provides Agencies Tool to Bring Fraud Claims

Enacted as part of the recent National Defense Authorization Act (NDAA), the U.S. Congress established a significant new fraud enforcement mechanism, called the Administrative False Claims Act (AFCA), which empowers federal… more

Administrative Agencies, Enforcement Authority, False Claims Act (FCA), Federal Contractors, Fraud

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Casey McCluskey Parker

Sixth Circuit Rules That Tennessee Cap on Punitive Damages Is Unconstitutional

In 2011, Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act, a tort reform measure limiting monetary damages. Tenn. Code Ann. § 29-39-104. This law places a cap on punitive damages of two times the… more

Appeals, Breach of Contract, Damage Caps, Governor Haslam, Insurance Litigation

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Mathew Parker

Washington State Makes Key Changes to Amend Equal Pay and Opportunities Act

On April 22, 2025, the Washington State Senate passed Substitute Senate Bill 5408, as amended by the House on April 15, 2025 (“Amended SSB 5408”), making substantial changes to the Equal Pay and Opportunities Act related to pay… more

Damages, Employee Rights, Employment Litigation, Equal Pay, Job Applicants

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Walter Parker

IRS Emphasizes Health FSA and Dependent Care Assistance Program Substantiation Requirements

On April 28, 2023, the Internal Revenue Service’s (IRS) Office of Chief Counsel released guidance reiterating claims substantiation rules for health flexible spending arrangements (health FSAs) under Internal Revenue Code… more

Dependent Care, Dependent Care Assistance Program (DCAP), Employee Benefits, Flexible Savings Accounts (FSAs), Internal Revenue Code (IRC)

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Jeffrey Parker Jr.

Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from… more

Appeals, Blue Pencil Contract Modification, Contract Terms, Employment Contract, IN Supreme Court

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Aimee Parsons

Maine Law Requires Employee Compensation When Employers Cancel or Shorten Shifts

On June 24, 2025, Maine enacted a new law requiring employers to compensate employees who report to their scheduled shifts but have their hours reduced or cancelled by their employer. This law will primarily impact businesses in… more

Compliance, Employee Rights, Employer Responsibilities, Employment Policies, Fair Labor Standards Act (FLSA)

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Christopher Pastore

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through on… more

Construction Accidents, Construction Industry, Construction Site, Construction Workers, Enforcement

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Daniel Patrick Johnson

New Kansas Law Will Presume Nonsolicitation Agreements Enforceable

Kansas Governor Laura Kelly recently signed a bill into law that deems certain nonsolicitation agreements with business owners and employees to be presumptively enforceable and not a restraint on trade… more

Contract Terms, Employment Contract, Enforceability, Governor Kelly, New Legislation

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James Patton Jr.

Illinois Employers Get Ready—Busy Equal Pay Reporting Season Is Coming

According to the Illinois Department of Labor (IDOL), thousands of employers filed for their first Illinois Equal Pay Registration Certificate (EPRC) between mid-2023 and early 2024. Since employers are required to renew these… more

Certification Requirements, Data Collection, Equal Pay, Filing Deadlines, Pay Equity Laws

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James Paul

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days? The… more

Americans with Disabilities Act (ADA), Chevron Deference, Civil Rights Act, Employment Discrimination, Employment Litigation

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Thomas Paxton

A Fact Sheet on Michigan’s Newly-Passed Marihuana Ballot Initiative

On the night of November 6, 2018, Michigan voters passed the ballot initiative known as the “Michigan Regulation and Taxation of Marihuana Act” (MRTMA) to allow the limited use and possession of marihuana. As a result, the… more

Decriminalization of Marijuana, Dispensaries, Licensing Rules, Marijuana, Marijuana Related Businesses

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William Payne, IV

Louisiana Court Rules Sales Manager Owed Fiduciary Duty to Employer

The recent decided case of Duplessis Buick-GMC Truck, Inc. v. Chauncey offers Louisiana employers a powerful cause of action against highly trusted former employees for breach of fiduciary duty - one that is akin to an action to… more

Breach of Duty, Employment Litigation, Fiduciary Duty, Former Employee, Fraud

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Carmine Pearl, II

California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential property… more

Appeals, Corporate Counsel, Exempt-Employees, Misclassification, Non-Exempt Employees

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Nicolas Peixoto

Parent Company Liability in French Redundancy Cases

Although the Cour de cassation (France’s Supreme Court) still limits the application of the concept of “co-employment” between parent companies and their subsidiaries to exceptional cases, its rulings do not preclude a finding… more

Commercial Bankruptcy, Corporate Liability, Employment Policies, France, Parent Corporation

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Phillip Pemberton

DOJ Expands Time Frame to Investigate Immigration-Related Discrimination Actions

Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special… more

Anti-Discrimination Policies, Department of Justice (DOJ), Employer Liability Issues, Enforcement Authority, Equal Employment Opportunity Commission (EEOC)

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Kelly Peña

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring… more

Bias, Civil Rights Act, Constitutional Challenges, Corporate Counsel, Diversity and Inclusion Standards (D&I)

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Eric Penkert

Direct Employer Assistance and 401(k) Plan Relief Options for Employees Affected by California Wildfires

In the past week, devastating wildfires in Los Angeles, California, have caused unprecedented destruction across the region, leading to loss of life and displacing tens of thousands. While still ongoing, the fires already have… more

401k, California, Employee Benefits, Hardship Distributions, Individual Retirement Account (IRA)

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James Pennington

U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated

On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of… more

Constitutional Challenges, Department of Education, First Amendment, Gender Identity, LGBTQ

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Corissa Pennow

Key Considerations for Employers When Workplace Issues Go Viral: Lessons Learned From the Try Guys Scandal

Just weeks ago, it was hard to open any social media application without seeing a post or news article concerning popular content creators The Try Guys. The internet stars have been trending since mid-September after… more

Employer Liability Issues, Reputation Management, Social Networks

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Lara Peppard

Is Next-Day Pay the Next Big Thing?

Among the hardest-to-find workers in America today are restaurant and retail workers. The current labor market is the tightest in 49 years, and for the past year, there have been roughly a million more open positions in the… more

Electronic Payment Transactions, Hospitality Industry, Recruitment Incentives, Restaurant Industry, Wages

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Alejandro Perez

Supreme Court Rules FAA Requires Courts to Grant Stay Requests After Compelling Arbitration

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA)… more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Judicial Proceedings, SCOTUS

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Patti Perez

Is Your Investigator More Biased Than You Think? Part II: How to Keep Truthiness Out of Your Workplace Investigations

All companies should have mechanisms through which employees can voice concerns and feel confident that (a) those concerns will be taken seriously, (b) those concerns will be fairly and promptly investigated, and (c) misconduct,… more

Best Practices, Bias, Complaint Procedures, Employer Liability Issues, Internal Investigations

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Benjamin Perry

New White House AI Action Plan Aims to Remove Barriers and Shift Regulatory Focus

The Trump administration recently unveiled a new action plan relating to artificial intelligence (AI) technology that focuses on removing regulations and/or other barriers, building upon President Donald Trump’s prior executive… more

Artificial Intelligence, Department of Labor (DOL), Employee Training, Executive Orders, Federal Trade Commission (FTC)

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Robert Perryman

Recognizing Juneteenth and Strengthening Company Culture: Tips for Employers

Several prominent companies across the nation recently announced that they would observe Juneteenth as a holiday. This new trend of observing Juneteenth comes in the wake of several weeks of protests across the world advocating… more

Corporate Culture, Criminal Justice Reform, Holidays, Protests, Slavery

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Christina Persad

Ontario Extends COVID-19 Stay-at-Home Order to May 20, Tightens Restrictions, and Increases Workplace Inspections

On April 16, 2021, the government of Ontario announced its strictest COVID-19 response measures to date, responding to a continued increase in daily case counts despite a province-wide lockdown. The stay-at-home order, effective… more

Canada, Coronavirus/COVID-19, Non-Essential Businesses, Operators of Essential Services, Popular

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Melissa Pesce

Nebraska Governor Signs Bill to Amend Healthy Families and Workplace Act

On June 5, 2025, Nebraska Governor Jim Pillen signed Legislative Bill (LB) No. 415 that clarifies and amends the Nebraska Healthy Families and Workplace Act (NHFWA) passed by voters in November 2024, which provides earned paid… more

Amended Legislation, Employee Benefits, Employer Responsibilities, Employment Policies, Exempt-Employees

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Zachary Pestine

Illinois Supreme Court Rules Privacy Act Claims Accrue with Each Biometric Scan

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan… more

Biometric Information, Biometric Information Privacy Act, Corporate Liability, Employer Liability Issues, Employment Litigation

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Owen Peters

Maryland Moves to Revise Paid Family and Medical Leave Insurance Program Implementation Dates, Raise State Minimum Wage

Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, accelerating the minimum wage rate in Maryland to… more

Medical Leave, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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Grant Petersen

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck down… more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Collection, EU, EU-US Privacy Shield

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Jamey Petri

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software… more

Department of Homeland Security (DHS), Department of Justice (DOJ), E-Verify, Employer Liability Issues, Employment Discrimination

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Alysha Phelps

Oregon Enacts Several New Labor and Employment Laws: What Employers Need to Know

Governor Kotek signed House Bill (HB) 2541 into law on May 7, 2025. Under HB 2541, certain agricultural workers must now be provided with the same accommodations for the expression of breast milk during work hours that have been… more

Age Discrimination, Agricultural Sector, Commercial Property Owners, Employer Liability Issues, Farm Workers

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M. Tae Phillips

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had a… more

Disability Discrimination, Employee Rights, Employment Discrimination, Employment Litigation, Hiring & Firing

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Amanda Pickens

Taking a Page Out of the Olympic Playbook: A Spotlight on National Collegiate Anti-Doping Policies

With the increase in athletic competition often comes an increase in methods to find a competitive edge. Prior to this year’s Olympic games in Rio, several international athletes tested positive for performance enhancing drugs… more

Anti-Doping Issues, Athletes, NCAA, Olympics

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Ethan Picone

South Carolina Becomes 42nd State to Issue ‘Stay at Home’ Order

On April 6, 2020, South Carolina Governor Henry McMaster issued Executive Order No. 2020-21 (E.O. 2020-21), which implemented a “home or work” mandate. The order directs South Carolina inhabitants to stay in their homes as of… more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Cybersecurity Information Sharing Act (CISA), Executive Orders

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Kevin Piercy

Cal/OSHA Schedules Advisory Committee Meeting on Enterprise-wide and Egregious Violation Classifications Proposed Rules

The California Division of Occupational Safety and Health (Cal/OSHA) will hold an advisory committee meeting on August 19, 2024, to solicit input on proposed regulations concerning enterprise-wide and egregious violations of… more

Advisory Committee, Cal-OSHA, Labor Law Violations, Proposed Amendments, Proposed Rules

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Wayne Pinkstone

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024… more

Department of Labor (DOL), Employer Liability Issues, General Duty Clause, Health Care Providers, Healthcare Workers

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Jacqueline Piran

German Employment Law Changes for 2024

In Germany, every new year brings with it changes and updates in employment law. We have summarized below which new regulations may want to prepare for in the course of 2024… more

Amended Legislation, Data Protection, Disability, EU, Federal Labor Laws

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Katherine Pizzini

New Orleans Adopts Legislation Prohibiting City Contractors From Conducting Employment-Related Credit Checks

The New Orleans City Council recently approved legislation making it unlawful for city contractors to seek or use the consumer credit history of a current or prospective employee for any decision regarding the hiring or… more

City Councils, Credit Checks, Employee Credit Checks, Exceptions, Federal Contractors

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Sarah Platt

Governor Newsom Signs Bill Imposing Game-Changing Pay Transparency Requirements

On September 27, 2022, California Governor Gavin Newsom signed the state’s pay transparency bill into law, imposing several new and unprecedented requirements on California employers. With the signing of Senate Bill (SB)… more

Governor Newsom, Job Ads, New Legislation, Pay Transparency

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Lauren Pless

State Privacy Regulators Announce Formation of Privacy ‘Supergroup’

The concept of the “supergroup” may have originated with rock and roll, but on April 16, 2025, privacy practitioners in the United States learned that a whole new type of supergroup has been formed… more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy, Enforcement Authority

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Jason Plowman

Title VII Lawsuit in Utah Federal District Court Challenges Employee’s Firing After Making Online Posts

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social… more

Anti-Discrimination Policies, Civil Rights Act, Employee Rights, Employment Discrimination, Employment Litigation

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James Plunkett

Beltway Buzz - August 2025 #2

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business… more

Anti-Discrimination Policies, Call Centers, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC)

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Steven Pockrass

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential… more

ADEA, Appellate Courts, Collective Actions, Discovery, Eli Lilly

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Randle Pollard

Infrastructure Investment and Jobs Act Repeals Employee Retention Credits as of September 30, 2021

President Biden’s signing of the Infrastructure Investment and Jobs Act (IIJA) on November 15, 2021, retroactively eliminates an employer’s ability to claim employee retention credits (ERC) for eligible wages paid after… more

American Rescue Plan Act of 2021, CARES Act, Consolidated Appropriations Act (CAA), Employee Retention, Infrastructure

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Brazitte Poole

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement,… more

Anti-Discrimination Policies, Employee Rights, Employer Liability Issues, Governor Northam, Hiring & Firing

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Carol Poplawski

The Illinois Shutdown Order: Answers to Employers’ FAQs

On March 20, 2020, Illinois Governor J.B. Pritzker issued Executive Order (EO) 2020-10, directing all residents to stay at home except as necessary for essential activities and government functions and to operate essential… more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Employer Responsibilities, Executive Orders

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Ryan Porte

California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board

Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”… more

Employer Liability Issues, Employment Discrimination, FEHA, State Labor Laws, Workers' Compensation Claim

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David Powell

New Colorado Law Requires Employee Access to Personnel Files

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least… more

Employee Rights, Former Employee, Governor Hickenlooper, New Legislation, Personnel Records

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Shontell Powell

Virginia Issues COVID-19 Emergency Temporary Standard

On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program (VOSH)… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines

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Stephanie Prashad

Recent USCIS Settlement Offers Substantial Relief to H-1B Employers

Following the March 10, 2020, decision of the U.S. District Court for the District of Columbia in ITSERVE Alliance, Inc. v. Cissna, U.S. Citizenship and Immigration Service (USCIS) has agreed in a settlement to rescind the 2018… more

H-1B, Settlement, Third-Party, USCIS

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Kelly Preston

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of… more

Appeals, Civil Rights Act, Commission on Human Rights, Dismissals, Employer Liability Issues

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Heather Ptasznik

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur… more

Burden of Proof, Civil Rights Act, Customers, Employer Liability Issues, Employer Responsibilities

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Bonnie Puckett

Biden Administration Revokes Diversity Training Restrictions and Takes Further Actions to Address Diverse Groups

President Joseph R. Biden Jr.’s flurry of executive actions upon his inauguration into office signals diversity, equity, and inclusion (DE&I) as a significant area of focus for the administration. As of January 26, 2021,… more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Employer Responsibilities

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Jinkal Pujara

5 Takeaways From New York City’s Legislation on Lactation Room Accommodations

The New York City Council recently passed two bills addressing lactation rooms for breastfeeding mothers. The first bill, Int. No. 879-A, requires employers with four or more employees to provide lactation room accommodations… more

Breastfeeding, Employment Policies, Lactation Accommodation, Local Ordinance, NYCHRL

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Brooke Purcell

DOL’s Tip of the Hat to Back-of-the-House Employees: New NPRM to Rescind 2011 Regs

In response to significant pressure from the hospitality industry—specifically, the restaurant industry—as well as increasing litigation and changes to reduce or eliminate the use of tip credits at the state level, the U.S… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, NPRM, Public Comment

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Amanda Quan

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur… more

Burden of Proof, Civil Rights Act, Customers, Employer Liability Issues, Employer Responsibilities

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Stephen Quezada

Recent Scrutiny of English-Only Workplace Rules Comes Into Focus During National Hispanic Heritage Month

National Hispanic Heritage Month is celebrated each year from September 15 to October 15 in recognition of the contributions of Hispanic and Latino people to the history, culture, and economy of the United States. During this… more

Anti-Discrimination Policies, Anti-Harassment Policies, Compliance, Employer Liability Issues, English-Only Rules

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Amy Quick Glenos

DOL/VETS SALUTE Program for USERRA Compliance: Considerations for Employers

On July 24, 2025, the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS) launched a program for employers to seek guidance for ensuring compliance with the Uniformed Services Employment and… more

Advisory Opinions, Data Privacy, Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities

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Hanna Raanan

SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

On June 11, 2018, the Supreme Court of the United States issued a landmark decision in China Agritech, Inc. v. Resh, addressing a split in the federal circuit courts of appeal, arising from differing applications of the… more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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Alexander Raap

Commissions Are ‘Wages’ Under the New Jersey Wage Payment Law, New Jersey Supreme Court Rules

On March 17, 2025, the Supreme Court of New Jersey held that “commissions” must be considered “wages” under the New Jersey Wage Payment Law (WPL) and cannot be excluded as “supplementary incentives” because they are tied to the… more

Employer Liability Issues, Employment Litigation, Incentive Compensation, NJ Supreme Court, Sales Commissions

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Brian Radloff

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or applicant’s… more

Adverse Employment Action, Employee Rights, Employment Discrimination, Employment Litigation, Hiring & Firing

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Goli Rahimi

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some… more

Actual Injuries, Amusement Parks, Appeals, Biometric Information, Biometric Information Privacy Act

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Richard Rahm

California Governor Signs PAGA Reform Legislation

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers and… more

Corporate Counsel, Damage Caps, Department of Industrial Relations, Employment Litigation, Governor Newsom

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Sarah Rain

NLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements

In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed unilateral… more

Administrative Law Judge (ALJ), Consent Decrees, Corporate Counsel, Employer Liability Issues, General Electric

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Ellen Rains

Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination

The Louisiana Court of Appeal, First Circuit, in DiVittorio v. Seale & Ross, PLC, affirmed a trial court’s judgment in favor of associate attorneys, granting them certain bonus compensation but denying another bonus claim. The… more

Bonuses, Louisiana, Termination, Wage and Hour

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David Raizman

California Senate Passes Nation’s First Bill for Accessibility Violation Cure Period

The California Senate recently passed legislation (Senate Bill No. 84) that would require a plaintiff to give a qualified business notice and 120 days to cure an accessibility violation before filing a lawsuit seeking statutory… more

Accessibility Rules, Americans with Disabilities Act (ADA), Attorney's Fees, Civil Code, Cure Periods

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Soña Ramirez

Complying With Wage Garnishments in Texas—What You Need to Know

When you have tens of thousands of employees, it is very likely that your payroll and human resources (HR) departments receive wage garnishment orders for employees every week. Texas law is restrictive in this area, and it is… more

Human Resources Professionals, Payroll Taxes, Wage and Hour, Wage Garnishment

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Anna Rao

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an… more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Disability, Disability Discrimination

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Maryam Rastegar

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,… more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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Thomas Rattay

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49… more

Discrimination, Employer Liability Issues, Faragher/Ellerth defense, Hostile Environment, NJ Supreme Court

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A. Sonu Ray

NYC Cares for Caregivers: New Bill Awaiting Mayor’s Signature Would Make Caregivers a Protected Class

On December 16, 2015, the New York City Council passed a bill prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver. The new law would establish caregiver status as… more

Caregivers, City Councils, Employment Discrimination, NYCHRL, Pending Legislation

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Michael Ray

Mecklenburg County, North Carolina Issues County-Wide Stay-at-Home Order

On March 24, 2020, Mecklenburg County, North Carolina, similar to various other localities, issued a stay-at-home order for the next 21 days to contain the spread of COVID-19. The order begins on March 26, 2020, and continues… more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Madeline Chimento Rea

Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court has… more

Article III, Breach of Duty, Defined Benefit Plans, Duty of Loyalty, Duty of Prudence

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Rabia Reed

Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit… more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Catherine Reese

2024 Will See Modest COLAs for Qualified Retirement Plans

On November 1, 2023, the 2024 calendar year cost-of-living adjustments to the contribution and compensation limits for tax-qualified retirement plans were released by the Internal Revenue Service (IRS) in Notice 2023-75… more

401k, 403(b) Plans, 457(b) Plans, Contribution Limits, Cost-of-Living Adjustment (COLA)

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Kevin Reese

New California Law Mandates Female Representation on Boards of Directors by December 2019

On September 30, 2018, Governor Jerry Brown of California signed Senate Bill (SB) 826, a pioneering law mandating each publicly-held company headquartered in California to have at least one female on its board of directors. The… more

Board of Directors, Corporate Governance, Diversity, Equal Protection, Governor Brown

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Brandon Reeves

Oregon Governor Issues Sweeping Stay-at-Home Order to Combat Coronavirus Pandemic

On March 23, 2020, Oregon Governor Kate Brown issued Executive Order (EO) No. 20-12 (Oregon’s stay-at-home order), directing all Oregon residents to stay home to the maximum extent possible, closing certain businesses, and… more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Governor Brown

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Rebecka Reibe

June 2023 Visa Bulletin Brings Warning of EB-3 Final Action Date Retrogression for India

The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of… more

EB-3, Immigration Procedures, India, Retrogression, US Department of State

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Ebony A. Reid

Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions

Overruling its own precedent, the U.S. Court of Appeals for the Seventh Circuit (which covers Indiana, Illinois, and Wisconsin) recently held that the Americans with Disabilities Act (ADA) requires employers to reassign disabled… more

Americans with Disabilities Act (ADA), Disability, Discrimination, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

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Steven Reid

Colorado Voters Pass the Paid Family and Medical Leave Insurance Act

On November 3, 2020, Colorado voters passed Proposition 118, a ballot initiative establishing a paid family and medical leave program. The new law, known as the “Paid Family and Medical Leave Insurance Act,” provides for 12… more

Employee Benefits, Medical Leave, New Legislation, Paid Family Leave Law, Paid Leave

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Christopher Reilly

California Legislature Sends Bill Prohibiting Caste Discrimination to the Governor

California is one step closer to becoming the first state to enact legislation banning caste-based discrimination. Senate Bill (SB) No. 403 adds caste to the list of characteristics protected by the California Fair Employment… more

Anti-Discrimination Policies, Education Code, FEHA, Governor Newsom, Pending Legislation

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Sophie Reimann

COVID-19 Update: Elimination of Mandatory Isolation in Some Federal States in Germany Poses New Challenges for Employers

As of November 23, 2022, the German Federal State of Hesse no longer requires an obligatory isolation period for persons who have tested positive for COVID-19. In the states of Bavaria, Schleswig-Holstein, and, to a limited… more

Coronavirus/COVID-19, Employer Responsibilities, Germany, Masks, Quarantine

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Kerri Reisdorff

Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

Employees - particularly healthcare employees - are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger protections… more

Americans with Disabilities Act (ADA), Health Care Providers, Healthcare Facilities, NLRA, OSHA

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Molly Rezac

What to Watch in Nevada’s 2025 Legislative Session: Key Employment-Related Bills

On February 3, 2025, the Nevada state legislature kicked off its latest legislative session, and state lawmakers are poised to consider several bills that could impact employers and employees, from last day pay provisions to… more

Collective Bargaining Agreements (CBA), Employee Benefits, Employment Contract, Minors, Paid Leave

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Elizabeth Rhodes

California Bill Would Exempt Certain Fast Food Restaurants From $20-per-Hour Minimum Wage

California’s FAST Food Accountability and Standards Recovery Act (FAST Recovery Act) was repealed on September 28, 2023, when Governor Gavin Newsom signed into law Assembly Bill (AB) No. 1228… more

Effective Date, Exemptions, Fast-Food Industry, Governor Newsom, Minimum Wage

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Michael Riccobono

New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

New Jersey lawmakers recently advanced a bill that would expand labor protections for workers in the cannabis industry. If enacted, the measure—which provides stronger union organizing rights, protections for employee… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Collective Bargaining, Employee Rights, Labor Relations

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Akya Rice

Mecklenburg County, North Carolina Issues County-Wide Stay-at-Home Order

On March 24, 2020, Mecklenburg County, North Carolina, similar to various other localities, issued a stay-at-home order for the next 21 days to contain the spread of COVID-19. The order begins on March 26, 2020, and continues… more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Daniel Richardson

AB 51 Update: Court Continues TRO on California’s Arbitration Statute

Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019 seeking… more

Arbitration, Chamber of Commerce, Employment Contract, Jurisdiction, Mandatory Arbitration Clauses

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Trina Ricketts

Federal Lawsuit in New York Raises Questions About Remote Workers’ Rights Under State WARN Laws

The media companies Paramount Global and CBS Interactive, Inc., are facing a class-action lawsuit in federal court over recent layoffs, which allegedly occurred without the proper warning. The outcome of the case may shed light… more

CBS, Class Action, Corporate Counsel, Employee Rights, Employment Litigation

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Cory Ridenour

Stocking Naloxone in the Workplace: What Employers Need to Consider

It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in… more

Best Practices, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Employee Training, FDA Approval

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Stephen Riga

HHS Proposed Rule Would Increase Cybersecurity Requirements for Electronic Health Data

The U.S. Department of Health and Human Services (HHS) recently released a proposed rule to better protect electronic health data from cybersecurity threats. The proposed rule would apply to health plans, healthcare providers,… more

Covered Entities, Cybersecurity, Data Privacy, Data Protection, Data Security

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Katherine Rigby

Massachusetts Paid Family and Medical Leave: Latest Updates Ahead of January 1, 2021, Effective Date

The Massachusetts Department of Family and Medical Leave (DFML) updated its “Notice of Benefits” workplace poster regarding the state’s requirements under the Paid Family and Medical Leave (PFML) Act on November 17, 2020. The… more

Employer Responsibilities, Paid Family Leave Law, Posting Requirements, State Labor Laws

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Kelly Riggs

Oregon Employee Leave Entitlements for Absences Due to Child’s COVID-19–Related Illness, School Closures, and Quarantine Orders

Under Oregon Governor Kate Brown’s Executive Order 21-15, the state of public health emergency due to COVID-19 will continue in Oregon until December 31, 2021, unless the governor extends the deadline or terminates the state of… more

Coronavirus/COVID-19, Employee's Childcare, Governor Brown, Paid Family Leave Law, Proposed Legislation

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J. Paul Rinnan

The Supreme Court’s Religious Accommodations Ruling and the Evolution of ‘Undue Hardship’ From Hardison to Groff

How much burden must a company demonstrate before it is relieved of the obligation to accommodate an employee’s religious beliefs in the workplace under Title VII of the Civil Rights Act of 1964? On June 29, 2023, the Supreme… more

Civil Rights Act, De Minimus Doctrine, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Reasonable Accommodation

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John Riordan, Jr.

Pennsylvania House Committee Holds Hearing on Proposal to Increase to Number of Salaried Workers Eligible for Overtime

If an employee in Pennsylvania is paid a salary, as opposed to by the hour, that employee is not eligible for overtime no matter how low the salary or how high the number of hours he or she works in a particular week, right?… more

Administrative Hearings, Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Diane Rish

Final Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations

On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification” for… more

Adjustment of Status, Final Guidance, Foreign Workers, Immigration and Nationality Act, Permanent Residence Cards

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Grace Ristuccia

Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a… more

Actuarial Values, Appeals, Defense Strategies, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Haidy Rivera

California Judge Temporarily Enjoins Implementation of FAST Recovery Act

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the… more

Minimum Wage, Restaurant Industry, Restraining Orders, State Labor Laws, Wage and Hour

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Kathryn Roberts

Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

On, November 25, 2015, the Portland City Council passed an ordinance restricting an employer’s ability to inquire regarding a job applicant’s criminal history. As of July 1, 2016, Portland employers with six or more employees… more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Hiring & Firing, Job Applicants

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Rita Robertson

North Carolina Bill Would Expand Workplace Violence Prevention Act

North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass… more

Constitutional Challenges, Employee Rights, First Amendment, Labor Relations, Proposed Amendments

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Emily Robinson

USCIS and U.S. DOJ Signal Efforts to Tighten Control Over the H-1B Visa Program

United States Citizenship and Immigration Services (USCIS) and the Immigrant and Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division (DOJ-IER) issued statements signaling their cooperation with… more

Department of Justice (DOJ), H-1B, Immigration and Nationality Act, National Origin Discrimination, Trump Administration

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Jack Robinson

FTC Noncompete Ban Rule Survives Challenge in Pennsylvania Federal Court, but Still Contested in Florida and Texas

On July 23, 2024, a judge in the U.S. District Court for the Eastern District of Pennsylvania denied a motion for preliminary injunction seeking to stay the effective date of the Federal Trade Commission’s (FTC) final noncompete… more

Employment Contract, Enforceability, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Jimmy Robinson Jr.

Navigating and Pre- and Post-Election Tensions in the Workplace, Part II: Providing Support to Staff During Periods of Change

Every four years, a U.S. presidential election brings voters to an intersection where they decide whether to turn right or left. Halting at these intersections often brings heightened tension and polarizing discourse within our… more

Best Practices, General Elections, Presidential Elections

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Alfred Robinson Jr.

Fluctuating Workweek Redux: Department of Labor Finalizes Revised Methodology

On June 8, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published its revised fluctuating workweek methodology regulation for calculating overtime in the Federal Register. The new final rule goes into… more

Corporate Counsel, Department of Labor (DOL), Final Rules, Fluctuating Workweek, Wage and Hour

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Arnoldo Rodriguez

Employer’s Signature May Not Be Essential to Enforceability of Arbitration Agreement

The Court of Appeals for the First District of Texas recently held that the absence of the employer’s signature from an arbitration agreement did not render that agreement unenforceable. SK Plymouth, LLC v. Simmons, No… more

Arbitration Agreements, Contract Formation, Discrimination, Enforceability, Retaliation

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Robert Rodriguez

Cal/OSHA Announces Discussion Drafts for Revised Wildfire Smoke Protection and Heat Illness Prevention Standards

On Friday, May 9, 2025, the California Division of Occupational Safety and Health (Cal/OSHA) announced discussion drafts for the wildfire smoke regulation, as well as the indoor heat and outdoor heat regulations… more

Advisory Committee, Air Pollution, Cal-OSHA, Comment Period, Discussion Draft

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Jennifer Roeper

EEOC’s Focus on Protecting American Workers From National Origin Discrimination Tees Up Potential Increase in Similar DOJ Enforcement

The Trump administration’s focus on combating illegal immigration is now impacting the U.S. Equal Employment Opportunity Commission’s (EEOC) and potentially the U.S. Department of Justice’s (DOJ) focus on enforcing… more

Anti-Discrimination Policies, Civil Rights Act, Corporate Counsel, Department of Justice (DOJ), Employee Rights

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Robert Roginson

Proposed Amended PAGA Statute Would Bring Some Relief to Employers

The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)… more

Department of Industrial Relations, Governor Newsom, Labor Code, Penalties, Private Attorneys General Act (PAGA)

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Amber Roller

California Senate Passes Nation’s First Bill for Accessibility Violation Cure Period

The California Senate recently passed legislation (Senate Bill No. 84) that would require a plaintiff to give a qualified business notice and 120 days to cure an accessibility violation before filing a lawsuit seeking statutory… more

Accessibility Rules, Americans with Disabilities Act (ADA), Attorney's Fees, Civil Code, Cure Periods

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J. Clay Rollins

Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions

Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional… more

Amended Legislation, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, State Labor Laws

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Taylor Rollinson

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Further extending the Illinois Human Rights Act’s already expansive protection of victims of sexual harassment, Illinois Governor Pat Quinn last month signed into law a bill amending the Act to protect unpaid interns against… more

Employer Liability Issues, Human Rights, New Amendments, Sexual Harassment, Unpaid Interns

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Jordan Romano

Delay the USMCA? Business Leaders Call for Postponing Implementation of the ‘New NAFTA’

The United States–Mexico–Canada Agreement (USMCA) was signed by U.S. President Donald Trump, former Mexican President Enrique Peña Nieto, and Canadian Prime Minister Justin Trudeau on November 30, 2018. The USMCA was designed to… more

Canada, Coronavirus/COVID-19, Free Trade Agreements, Mexico, NAFTA

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Dr. Martin Römermann

German Federal Labor Court Finds Certain Virtual Stock Option Forfeiture Clauses May Unreasonably Disadvantage Employees

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht or BAG) held in Case No.: 10 AZR 67/24 that certain forfeiture clauses in General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen or AGB)… more

Contract Terms, Employee Benefits, Employee Rights, Employment Contract, Employment Litigation

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Mauricio Romero Alpuche

Mexico’s Daily Minimum Wage for 2025 Will Increase by 12 Percent

On December 4, 2024, the Ministry of Labor and Social Welfare announced an increase to the daily minimum wage that will be applicable in Mexico for 2025… more

International Labor Laws, Mexico, Minimum Wage, Wage and Hour

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Byrin Romney

States Continue to Target Restrictive Covenants

Connecticut, Indiana, New York, Rhode Island, and Utah are among the latest states to propose further limitations on the use of post-employment restrictive covenants… more

Contract Terms, Employer Liability Issues, Employment Contract, New Legislation, Non-Compete Agreements

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Rachel Roney (Ehlermann)

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for… more

Collective Bargaining, Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel, Employer Liability Issues

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David Rosner

Employment Implications When Colleges and Universities Shut Down

Over the past few years, several colleges and universities across the country have unexpectedly closed, often with little notice to the communities they served. When this happens, the immediate attention is usually given to… more

401k, 403(b) Plans, 457(b) Plans, COBRA, Collective Bargaining

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Jason Rothman

IRS Issues Additional Guidance on the COBRA Subsidy

On July 26, 2021, the Internal Revenue Service (IRS) released Notice 2021-46 to provide additional guidance on the Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy under the American Rescue Plan Act of 2021 (ARPA)… more

American Rescue Plan Act of 2021, COBRA, Employer Group Health Plans, Guidance Update, IRS

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Nathan Roy

U.S. Travel Restrictions and Delayed Consular Operations Persist as Pandemic Continues

On July 22, 2021, the Biden administration extended travel restrictions affecting travel between U.S., Canadian, and Mexican land ports of entry until August 21, 2021. In so doing, the Biden administration confirmed that it is… more

Biden Administration, Canada, Consulate, Coronavirus/COVID-19, Cross-Border Transactions

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Michael Rubin

Arizona’s New Heat Safety Executive Order: What to Know as Temperatures Rise

On May 22, 2025, Arizona Governor Katie Hobbs signed Executive Order (EO) 2025-09 as part of the state’s broader initiative to enhance worker safety amid rising summer temperatures… more

Employer Responsibilities, Executive Orders, General Duty Clause, Government Agencies, Heat Exposure

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Jeffrey Rudd

Key Changes to Chicago’s Labor Ordinances, Effective July 1, 2025

On July 1, 2025, several important changes to Chicago labor ordinances went into effect. Chicago’s Minimum Wage Ordinance, Fair Workweek Ordinance, and Paid Leave and Paid Sick and Safe Leave Ordinance have all seen significant… more

Employee Benefits, Employee Rights, Employer Responsibilities, Fair Workweek, Labor Regulations

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Daniel Ruemenapp

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system… more

Data Deletion, Department of Labor (DOL), Foreign Nationals, Foreign Workers, H-1B

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Randolph Ruff

Illinois’s Workers’ Compensation Rule Update: Court Halts Enforcement of New Rule That Presumes COVID-19 Infections Are Work-Related

On April 27, 2020, the Illinois Workers; Compensation Commission rescinded its emergency rule that had expanded the presumption of work relatedness for COVID-19 infections to all businesses that are deemed to be critical under… more

Coronavirus/COVID-19, Infectious Diseases, New Regulations, Occupational Exposure, Shelter-In-Place

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William Ruggiero

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable… more

Anti-Discrimination Policies, Appeals, Coronavirus/COVID-19, Disability Discrimination, Employer Responsibilities

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Lys Runnerstrom

The Public Health Emergency Has Ended; Colorado Employees May Use Public Health Emergency Leave for Three More Weeks

On March 11, 2020, the World Health Organization declared COVID-19 to be a pandemic and the United States government initiated designated travel bans. Since January 1, 2021, the Colorado Healthy Families and Workplaces Act… more

Coronavirus/COVID-19, Infectious Diseases, Paid Leave, Public Health Emergency, Workplace Safety

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Jennifer Rusie

The Domino(’s) Effect - What to Expect as a Result of SCOTUS’s Denial of Cert

On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for certiorari… more

Americans with Disabilities Act (ADA), Appeals, Certiorari, Department of Justice (DOJ), Dominos

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Phillip Russell

Disability Discrimination Charges Involving Neurodivergence Are Rising, According to EEOC Data

As diagnoses of neurodiversity become more common, employers are facing more disability discrimination complaints from neurodivergent workers, according to recent data from the U.S. Equal Employment Opportunity Commission… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Disability Discrimination, Employee Rights, Employer Liability Issues

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Anthony Russo

New Jersey Appellate Division Addresses Employers’ Obligation to Reimburse Employee Business Expenses

Are New Jersey employers required to reimburse employees for business-related expenses? The Superior Court of New Jersey, Appellate Division, recently considered whether an employer’s failure to reimburse an employee for costs… more

Business Expenses, Employer Liability Issues, Employment Policies, Reimbursements, State Labor Laws

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William Rutchow

KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials”… more

Employer Responsibilities, Infectious Diseases, State OSHA Laws, Training Requirements, Workplace Safety

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Jennifer Rygiel-Boyd

New Jersey Eases COVID-19 Restrictions for Private Indoor Workplaces

New Jersey Governor Phil Murphy signed legislation (A5820/S3866) and Executive Order (EO) No. 244 on June 4, 2021, ending the COVID-19 Public Health Emergency (but not the overall state of emergency) first declared on March 9,… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, New Legislation

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Lowell Sachs

Employers Prepare for Higher Costs as USCIS Increases Premium Processing Fees

The U.S. Department of Homeland Security (DHS) announced that the fees charged by U.S. Citizenship and Immigration Services (USCIS) for premium processing of certain visa petitions will increase from the current rate of $1,225… more

Department of Homeland Security (DHS), Fees, H-1B, Immigration Procedures, USCIS

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Valerie Salcido

ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester

On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up… more

Coronavirus/COVID-19, F-1 Visa, Foreign Students, Guidance Update, Immigration and Customs Enforcement (ICE)

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Rodolfo Giles Salgad

New Amendment to the Federal Labor Law in Mexico Raises Minimum Age for Employment

On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old. This amendment is consistent with the… more

Hiring & Firing, Labor Code, Mexico, Minors

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Dana Salmonson

Nevada Employers, Beware the Impact of the Increased State Minimum Wage on the Daily Overtime Rate

Many employers with business operations in Nevada are aware by now that Assembly Bill 456, enacted in June 2019, increases the minimum wage in increments of 75 cents annually on July 1 of each year through 2024. Thus, beginning… more

Minimum Wage, Over-Time, State Labor Laws, Wage and Hour

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Michael Salvo

Frequently Asked Questions About the New Jersey Data Protection Act, Effective January 15, 2025

The New Jersey Data Protection Act (NJDPA), N.J. Stat. § 56:8-166.4 et seq., will go into effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws… more

Consent, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

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Richard Samson

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of… more

Collective Bargaining, Collective Bargaining Agreements (CBA), Comment Period, Construction Industry, Contract Terms

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Yomaris Sanchez-Orona

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)… more

Employer Liability Issues, Labor Reform, New York, State Labor Laws, Warehouses

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Laura Sandman

Dallas County Judge Jenkins Issues Stay-at-Home Order Through April 30, 2020

On April 3, 2020, Dallas County Judge Clay Jenkins issued an amended “safe at home” order modifying the Declaration of Local Disaster for Public Health Emergency he issued on March 12, 2020. The amended order requires Dallas… more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Robert Sands

Hurricane Michael Relief: Resources for Employers and Workers

As employers attempt to keep their businesses running and give their employees the time necessary to deal with the devastating impact of Hurricane Michael, employers should not disregard the significant employment laws that… more

Family and Medical Leave Act (FMLA), FEMA, Hurricane Michael, Hurricane Season, Natural Disasters

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Sara Sanfilippo

Florida’s 2019 Legislative Session Yields Bills Related to Vaping in the Workplace and Unemployment Benefits for Domestic Violence Victims

The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and… more

Domestic Violence, E-Cigarettes, Employment Policies, Pending Legislation, Proposed Legislation

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Jennifer Santa Maria

California Court Invalidates Arbitration Agreement With PAGA Waiver

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court held… more

Appeals, Arbitration Agreements, Contract Terms, Corporate Counsel, Employer Liability Issues

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Maggie Santen

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11, 2024,… more

Biden Administration, Department of Labor (DOL), Effective Date, Fair Labor Standards Act (FLSA), Final Rules

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Kathleen Sanz

Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Needing FMLA Leave

On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing her… more

Corporate Counsel, Employment Litigation, Employment Policies, Family and Medical Leave Act (FMLA), Hiring & Firing

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Arthur Sapper

Eleventh Circuit Limits Reach of OSHA’s ‘HazWoper’ Standard

On June 15, 2022, the United States Court of Appeals for the Eleventh Circuit issued a decision limiting the reach of the emergency response provisions of 29 C.F.R. § 1910.120, the Occupational Safety and Health Administration’s… more

Appeals, Emergency Response, Employment Litigation, Hazardous Waste, OSHA

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Robert Sar

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard F… more

College Athletes, Colleges, Columbia University, Employee Rights, Football

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Rajula Sati

New Guidance Imposes Finding of Misrepresentation for Conduct Inconsistent With Visa Within 90 Days of Entry

The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the… more

Foreign Nationals, Misrepresentation, New Guidance, Trump Administration, US Department of State

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Diane Saunders

Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification

In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the… more

7-Eleven, ABC Test, Franchisee, Franchises, Franchisors

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Hartman Saylor

Interview Waiver No Longer Available for Most Nonimmigrant Visa Applicants, Starting September 2, 2025

The U.S. Department of State has announced that it will revise the eligibility criteria for nonimmigrant visa interview waivers, effective September 2, 2025… more

Consulate, Non-Immigrant Visas, US Department of State, Visa Applications, Visa Interview Waiver Program (VIWP)

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Erin Schachter

Canada’s Privacy Commissioner Issues Biometric Guidance for the Private Sector

The rise of biometric technologies has ushered in a new era of convenience and security. But with that innovation comes heightened privacy risk. Recognizing the sensitivity of biometric data, the Office of the Privacy… more

Biometric Information, Canada, Data Privacy, Data Protection, Data Protection Impact Assessments (DPIAs)

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David Schenberg

‘Motive’ or ‘Animus’? Lessons From Appellate Practice

The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us needs… more

Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Litigation Strategies, Protected Class

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Jessica Schild

New York State Assembly Passes Non-Compete Bill

On June 20, 2023, the New York State Assembly approved one of two bills concerning non-compete agreements that the New York State Senate just recently passed. Bill No. S3100A, which would prohibit employers from using… more

Contract Terms, Employment Contract, Non-Compete Agreements, Pending Legislation, Restrictive Covenants

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Tobias Schlueter

Florida Legislature Passes Restrictive Covenants Bill

On April 24, 2025, the Florida Legislature passed legislation to create two new forms of noncompetes for employers and businesses: a covered garden leave provision and a provision limiting noncompetes to a specific geographic… more

Contract Terms, Employee Rights, Employer Responsibilities, Employment Contract, Non-Compete Agreements

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Abigail Schmadeke

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana… more

Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Decriminalization of Marijuana, Employment Policies

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Christina Schmid

New York State Publishes Proposed Paid Sick Leave Regulations

Earlier this year, New York State enacted a statewide paid sick leave (PSL) law, which took effect on September 30, 2020. Entitlement to use leave under the law begins on January 1, 2021, and, the New York State Department of… more

Employee Benefits, Employment Policies, New Legislation, Paid Leave, Paid Sick Leave Act

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Kelsey Schmidt

10 Answers to FAQs Regarding the Illinois Day and Temporary Labor Services Act

Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018. Staffing agencies (also known as “suppliers”) and user employers (“users”) are finding that some of the law’s… more

Amended Regulation, Day Laborers, Temporary Employees

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Mark Schmidtke

Do You Really Want to Be an ERISA Fiduciary?

Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of… more

Benefit Plan Sponsors, Class Action, Due Diligence, Duty of Loyalty, Duty of Prudence

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Cheryl Schreck

EEOC Announces Proposed Changes to EEO-1 Report Requiring Large Employers to Report Pay Data

On January 29, 2016, the U. S. Equal Employment Opportunity Commission (EEOC) announced a proposed revision to the Employer Information Report (EEO-1) that will require private employers, including federal contractors, with 100… more

EEO-1, Equal Employment Opportunity Commission (EEOC), Lilly Ledbetter, OFCCP, Pay Discrimination

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Caitlin Schroeder

Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA

In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance in… more

Americans with Disabilities Act (ADA), Appeals, Commuting, Employer Liability Issues, Employment Litigation

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Stanley Schroeder

Layoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception

A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and… more

Chapter 11, Commercial Bankruptcy, Commercially Reasonable Efforts, Corporate Counsel, Entrepreneurs

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Jill Schubert

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic… more

Americans with Disabilities Act (ADA), Constructive Discharge, Disability, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Ashley Scott

IRS Provides Plan Amendment Deadline Relief

Earlier this year, the Internal Revenue Service (IRS) issued Notice 2022-23, which extended the deadline to make certain amendments pursuant to the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, the… more

403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, CARES Act, Employee Benefits

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Conley Scott III

SECURE 2.0: Oops! So the Employer-Sponsored Retirement Plan Overpaid?

SECURE 2.0 may cause some insecurity. However, the law’s changes to the treatment of overpayments from employer-sponsored retirement plans may replace that insecurity with relief… more

Amended Legislation, Benefit Plan Sponsors, Employee Benefits, Overpayment, Recoupment

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Ryan Sears

District of Columbia’s Pause on Tipped Wage Increase Signals Grim Future for Initiative 82

In November 2022, voters in Washington, D.C., approved Initiative 82, the “District of Columbia Tip Credit Elimination Act of 2022,” which set forth a gradual elimination of the use of the tip credit in the District by 2027… more

Local Ordinance, Minimum Wage, New Legislation, Tip Credit, Tipped Employees

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Harry Secaras

Illinois Supreme Court Rules Privacy Act Claims Accrue with Each Biometric Scan

On February 17, 2023, the Supreme Court of Illinois held claims under the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or collection and further allowed so-called per scan… more

Biometric Information, Biometric Information Privacy Act, Corporate Liability, Employer Liability Issues, Employment Litigation

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Sam Sedaei

European Parliament Adopts Artificial Intelligence Act

On March 13, 2024, European Union policymakers finally passed the long anticipated Artificial Intelligence Act (AI Act), the world’s first comprehensive artificial intelligence (AI) legislation, providing employers with… more

Artificial Intelligence, Compliance, Employment Policies, EU, European Parliament

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Robert Seidler

’Tis the Season to Be Mindful of Religious Accommodation Obligations

So it begins—the annual holiday marathon. But which holidays come to mind? Thanksgiving, Christmas, Hanukkah, Kwanza, Festivus? A version of this article first appeared on Law360… more

Discrimination, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Holidays

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Lexi Seyedan

May 2024 Visa Bulletin Shows No Advancement in Final Action Dates for EB-1, EB-2, and EB-3 Categories

The U.S. Department of State recently released the May 2024 Visa Bulletin. The bulletin does not show any movement from last month for most employment-based preference categories… more

Adjustment of Status, EB-1, EB-2, EB-3, Immigration Procedures

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Erica Shafer

Long-Awaited NLRB Joint Employer Rule Sets Employer-Friendly Standard for Joint Employer Determinations

Federal labor agencies have kicked their rulemaking efforts into high gear. One month after the U.S. Department of Labor published a final rule defining (and limiting) when one entity can be deemed the joint employer of… more

Browning-Ferris Industries of California Inc., Control Test, Corporate Counsel, Final Rules, Franchises

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Immon Shafiei

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law… more

Employee Rights, Employment Litigation, Federal Labor Laws, New Jersey, NJLAD

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Geeta Shah

DHS Revises Haiti TPS Extension, Accelerates Registration Period

On February 24, 2025, U.S. Department of Homeland Security (DHS) Secretary Kristi Noem amended the extension and designation period for temporary protected status (TPS) for Haiti and accelerated the initial registration period… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Haiti

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Nancy Shalhub

June 2025 Visa Bulletin Shows Advancement for EB-2 and EB-3 Worldwide and China

The June 2025 Visa Bulletin shows some advancement in the EB-2 and EB-3 categories for all countries except for India. In addition, U.S. Citizenship and Immigration Services (USCIS) will accept employment-based… more

Adjustment of Status, EB-2, EB-3, Foreign Nationals, Green Cards

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Laurence Shapero

Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting Washington… more

Class Action, Compliance, Employee Rights, Employment Litigation, Minimum Wage

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Patty Shapiro

Mastering Middle Eastern Markets: 8 Essential Tips for Global Employers

Setting up operations in the Middle East comes with a unique set of challenges and considerations requiring knowledge of regional legal obligations and cultural practices that can affect workplaces—from the necessity of… more

Employee Benefits, Employment Contract, Employment Policies, Foreign Workers, Hiring & Firing

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Deborah Share

Chicago Paid Sick Leave Ordinance: A Narrow Amendment With Broad Implications

The Chicago Paid Sick Leave Ordinance and the Cook County Earned Sick Leave Ordinance took effect in July 2017. The language of each ordinance largely mirrors the other, and where an employer falls under the jurisdiction of… more

Earned Sick Time, Enforcement Authority, Local Ordinance, Paid Sick Leave Act, Sick Leave

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Shabri Sharma

New York’s New Employment Discrimination Laws Are Here

As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment… more

Arbitration, Employer Liability Issues, Employment Contract, Harassment, Mandatory Arbitration Clauses

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Maria Shatonova

Minnesota Employment Legislative Update 2025, Part IV: Special Session Roundup

On June 14, 2026, Minnesota Governor Tim Walz signed into law legislation passed during a one-day legislative special session that includes new employment laws or amends existing employment laws… more

Amended Legislation, Employee Benefits, Employee Rights, Employer Responsibilities, Governor Walz

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Dean Shauger

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we wrote… more

Arbitration Agreements, Electronic Communications, Employment Contract, Mandatory Arbitration Clauses, NJ Supreme Court

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Alexandra Shaw

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human… more

Americans with Disabilities Act (ADA), Appeals, Compensatory Damages, Disability Discrimination, Employer Liability Issues

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James Shea

California Pushes Employers to Make Drinking Water More Easily Available to Workers

On February 6, 2023, California’s Occupational Safety and Health Appeals Board (OSHAB) held that employers must provide their outdoor workers with drinking water at a location “as close as practicable,” effectively creating a… more

Administrative Law Judge (ALJ), Agricultural Sector, Agricultural Workers, Cal-OSHA, Construction Industry

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Robert Shea

COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some… more

Cal-OSHA, Construction Industry, Coronavirus/COVID-19, Employer Responsibilities, Guidance Update

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Brandon Shelton

Recognizing Juneteenth and Strengthening Commitment to Diversity

June 2022 marks one year since President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, designating Juneteenth as the 11th federally recognized public holiday in the United States. While… more

Diversity, Diversity and Inclusion Standards (D&I), Heritage & Culture, Holidays, Legal History

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Sheila Sheng

USCIS Adjustment of Status Application Guidance for EB-2 Indian Nationals

The U.S. Department of State’s July 2022 Visa Bulletin indicates a significant advancement for Indian nationals in the second preference category for employment-based (EB-2) visas. On February 18, 2022, U.S. Citizenship and… more

Adjustment of Status, EB-1, EB-2, Foreign Nationals, I-485 Applications

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Evan J. Shenkman

New Jersey Bills Seek to Strengthen Protections Against Employment Discrimination and Promote Equal Pay for Women

On January 19, 2017, and on February 13, 2017, two bills (A4515 and S3014) were introduced in the New Jersey Legislature that would amend the New Jersey Law Against Discrimination to specifically prohibit employers from… more

Employer Liability Issues, Pay Discrimination, Pending Legislation, Wage and Hour

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Philip Shepherd

Biden Administration Abandons Trump-Era Public Charge Rule

On March 9, 2021, the U.S. Department of Homeland Security (DHS) announced that the Biden administration would no longer enforce the 2019 public charge rule implemented by the Trump administration. DHS Secretary Alejandro N… more

Biden Administration, Department of Homeland Security (DHS), Foreign Nationals, Green Cards, Immigration Procedures

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Brandon Sher

5 City Ordinances Every Employer With Employees in Philadelphia Should Know

The City of Philadelphia maintains several employment-specific ordinances that enhance preexisting state and federal employee protections or create new employment rights. Some of these apply even if the employer has only one… more

Ban the Box, Criminal Background Checks, Drug Testing, Fair Workweek, Healthy Families Act

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Michael Shetterly

The Families First Coronavirus Response Act FAQs: The FMLA Amendments and Paid Sick Leave Requirements of the New Law (Update)

Last updated on March 30, 2020 to conform with the U.S. Department of Labor’s (DOL) guidance dated March 28, 2020. On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) in… more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Hal Shillingstad

Election Essentials: An Employer’s Guide to Employee Time Off to Vote in Minnesota, Iowa, South Dakota, and North Dakota

With Election Day approaching, here is a timely reminder for employers in Minnesota, Iowa, South Dakota, and North Dakota regarding their obligations under these states’ laws to excuse employees from work to go to the polls… more

Employee Rights, Presidential Elections, State Labor Laws, Voting Leave, Voting Rights

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Gregory Shin

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise… more

Blue Pencil Contract Modification, Breach of Contract, Contract Drafting, Employer Liability Issues, Employment Contract

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Nonnie Shivers

Maryland Federal District Court Blocks Education Department’s Moves Against DEI Programs

On August 14, 2025, the U.S. District Court for the District of Maryland ruled that the U.S. Department of Education violated the Administrative Procedure Act (APA) and the U.S. Constitution when it did not follow proper… more

Administrative Procedure Act, Affirmative Action, Constitutional Challenges, Dear Colleague Letter, Department of Education

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Jack Sholkoff

Federal Agencies Target Universities Amid Antisemitism Allegations

The federal government recently revoked all grants and contracts with Columbia University, citing “illegal protests” and antisemitism on campus… more

Civil Rights Act, Department of Education, Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Philip Sholts

Important U.S. Visa Update for Children in China - What Parents Should Know

Effective June 10, 2025, the U.S. Embassy and Consulates General in China have implemented important updates to the nonimmigrant visa application process for applicants under the age of fourteen. These changes are designed to… more

China, Consulate, Filing Requirements, Government Agencies, Immigration Procedures

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Stephen Shore

Ontario Bills Address Pay Transparency, Nondisclosure Agreements, Work History, and Hospitality Worker Training Pay

It has been a busy time for Ontario legislators who have proposed a number of employment-related changes that, if passed, would increase obligations for employers. This article briefly identifies a number of initiatives that… more

Canada, Disclosure Requirements, Employer Liability Issues, International Labor Laws, Ontario

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Kyra Short

Federal Court Rules That Online-Only Retailer’s Website Is Not a ‘Place of Public Accommodation’ Under the ADA

On February 9, 2024, a federal judge in the Western District of Pennsylvania departed from earlier rulings in the district to hold that an online retailer’s website and its other digital properties did not constitute a “place of… more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Website Accessibility

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Scott Siegner

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable… more

Bostock v Clayton County Georgia, Educational Institutions, Executive Orders, Gender Identity, LGBTQ

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Kenneth Siepman

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential… more

ADEA, Appellate Courts, Collective Actions, Discovery, Eli Lilly

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Carolyn Sieve

DOL Issues Guidance on Room and Board Deductions for Home Care Workers

On December 17, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on permissible deductions for lodging under the Fair Labor Standards Act (FLSA), with particular emphasis on the law’s effect on… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Agencies, Home Healthcare Workers, Reimbursements

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Rebecca L. Sigmund

United States Expected to Limit Visas to Certain Chinese Citizens

A new policy enacted by the U.S. Department of State (DOS) instructs United States consular officers to limit the issuance of visas to some Chinese citizens as part of the administration’s measures to address China’s alleged… more

China, Intellectual Property Protection, National Security, STEM, U.S. Commerce Department

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Steven Silver

Maine DOL Issues Final Mandatory Paid Leave Rules

The countdown is on for when Maine officially becomes the first state to require private employers to provide earned paid leave to employees for any reason. On January 1, 2021, private employers with more than 10 employees in… more

Earned Sick Time, Paid Leave, State Labor Departments, State Labor Laws, Wage and Hour

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James Silvers

The Latest in Multi-Jurisdictional Compliance for Using E-Signatures

Electronic signatures or e-signatures are an increasingly essential tool in today’s technology-dependent workplace, especially for employers that are hiring remote workers. While state and federal law generally recognizes… more

Best Practices, Digital Signature Standards, E-SIGN, E-Signatures, Employer Responsibilities

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Andrew Silvia

First Circuit Affirms FAAAA Preemption of Massachusetts Independent Contractor Law

On May 11, 2016, the First Circuit Court of Appeals issued the latest of several decisions supporting and furthering federal preemption of the Massachusetts independent contractor statute for businesses that qualify as motor… more

Commercial Truck Drivers, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Independent Contractors, Misclassification, Motor Carriers

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Jaclyn Simi

San Diego Extends COVID-19 Hotel and Janitorial Worker Recall and Retention Ordinance Until March 2022

On March 2, 2021, the City Council of San Diego, California, extended the “COVID-19 Worker Recall and Retention Ordinance” (O-21231/O-2021-20). The ordinance provides certain rights and preferences to hotel and janitorial… more

Commercial Property Owners, Coronavirus/COVID-19, Employee Retention, Entertainment Venues, Hospitality Industry

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Jordan Simon

Canada Implements Temporary Employment Insurance Measures Responsive to Economic Impacts of Trade War

The federal government of Canada recently amended the Employment Insurance Act, implementing temporary measures to address the economic impacts of tariffs imposed by the United States… more

Amended Legislation, Canada, Corporate Counsel, Hiring & Firing, Layoffs

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Sara Grace Sirera

New Louisiana Employment-Related Laws: Key Takeaways From the 2025 Legislative Session

Two notable laws affecting Louisiana employers have taken effect this summer, providing expanded antidiscrimination protections for military status and a new exemption to Louisiana’s final pay law for certain types of… more

Anti-Discrimination Policies, Compensation, Employer Responsibilities, Employment Discrimination, Final Payments

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Hillary Sizer

What the Final Mental Health Parity Rules Mean for Employers

The wait is over, and now the work begins for health plan sponsors. Much-anticipated final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) were recently… more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans, Health Insurance

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Shardé Skahan

Los Angeles Adopts COVID-19 Right of Recall and Worker Retention Ordinances

On May 4, 2020, Mayor Eric Garcetti signed two new ordinances governing employee right of recall and worker retention in the City of Los Angeles. The ordinances provide certain rights and preferences to various workers whose… more

Coronavirus/COVID-19, Employee Retention, Local Ordinance, Mayor Garcetti, Rehiring Issues

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Spencer Skeen

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for… more

Appeals, Class Action, Corporate Counsel, Decertification, Employee Rights

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Caren Skversky Marlowe

Florida’s New State Laws Hitting the Books This Summer

As their employees flock to Florida’s famous beaches, water parks, and pools this summer, Florida employers need to look out for a wave of new legislation that became effective on July 1, 2025… more

Employee Rights, Employer Responsibilities, Employment Contract, Hospitality Industry, Minimum Wage

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Stephen Smalley

DOJ Effectively Pauses Its Civil Rights Division’s Litigation, Which May Impact IER’s Pursuit of New Claims

The U.S. Department of Justice (DOJ) issued a directive to its Civil Rights Division, freezing all ongoing or new litigation. The specifics of the freeze are not clear; however, it appears to freeze new claims presented to the… more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Employee Rights, Employment Discrimination

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Karen Smeda

Coming Out of the Dark? Florida Governor Issues First Phase of Plan to Reopen the Sunshine State

On April 29, 2020, Governor Ron DeSantis issued Executive Order (EO) No. 2020-112, outlining the first phase of a three-phase plan to lift stay-at-home restrictions and reopen Florida following the state’s COVID-19 closures… more

Coronavirus/COVID-19, Executive Orders, Governor DeSantis, Re-Opening Guidelines

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Austin Smith

Colorado Becomes 13th State to Pass “Ban the Box” Legislation

On May 28, 2019, Colorado governor Jared Polis signed into law the Colorado Chance to Compete Act (House Bill 19-1025), more commonly known as “ban the box” legislation. The recently signed Act is another example of pro-employee… more

Background Checks, Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Danielle Smith

New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use

Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair, blood,… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Ebony Smith

Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture

On July 1, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 3616, also known as the CROWN Act. The CROWN (“Create a Respectful and Open Workplace for Natural Hair”) Act (Public Act 102-1102) amends the… more

Governor Pritzker, Hairstyle Discrimination, Human Rights Act, New Legislation, Race Discrimination

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Janet Smith

#MeToo in Medicine: Year in Review

In the year since the #MeToo movement took off in the wake of the exposé in The New York Times on Harvey Weinstein that shook the entertainment world, emboldened women (and men) have come forward to shine a light on sexual… more

#MeToo, American Medical Association, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Health Care Providers

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Lawrence Smith

Federal Court Finds In-Home Caregivers Were Employees, Not Independent Contractors, Under ‘Economic Realities/Control’ Test

Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of… more

Caregivers, Civil Rights Act, Control Test, Department of Labor (DOL), Economic Realities Test

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Paul Smith

California Assemblymember Sharp-Collins Introduces Workplace Safety Bill Authorizing Refusals to Work and Requiring Wages

On February 21, 2025, California Assemblymember LaShae Sharp-Collins (D), representing San Diego, introduced Assembly Bill (AB) No. 1371 (“Right to Refuse Unsafe Work With Pay”) in the California State Assembly… more

Employee Rights, Employer Liability Issues, Proposed Legislation, State Labor Laws, Wage and Hour

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Ryan Smith

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and… more

Agribusiness, Agricultural Sector, Appellate Courts, Canada, Employer Liability Issues

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Samantha Smith

Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture

On July 1, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 3616, also known as the CROWN Act. The CROWN (“Create a Respectful and Open Workplace for Natural Hair”) Act (Public Act 102-1102) amends the… more

Governor Pritzker, Hairstyle Discrimination, Human Rights Act, New Legislation, Race Discrimination

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Stephanie Smithey

Federal Budget Reconciliation Bill Changes HSA Rules and Impacts Income Taxes

On July 4, 2025, President Donald Trump signed a comprehensive budget reconciliation bill into law, loosening rules around health savings accounts (HSAs), extending telehealth relief, and providing additional income tax relief… more

Budget Reconciliation, Employee Benefits, Fringe Benefits, Health Insurance, HSA

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Thomas Smock

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The… more

Bias, Confirmation Proceedings, Discrimination, Equal Employment Opportunity Commission (EEOC), Harassment

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Kristin Snyder Higgins

Dallas County Judge Jenkins Issues Stay-at-Home Order Through April 30, 2020

On April 3, 2020, Dallas County Judge Clay Jenkins issued an amended “safe at home” order modifying the Declaration of Local Disaster for Public Health Emergency he issued on March 12, 2020. The amended order requires Dallas… more

Business Closures, Coronavirus/COVID-19, Municipalities, Operators of Essential Services, Public Health Emergency

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Carole Sobin

Diversity on Corporate Boards

The issue of diversity has expanded from the workplace to the corporate boardroom, with initiatives spearheaded by investors and other stakeholders to address the lack of diversity on corporate boards. These initiatives are… more

Board of Directors, Corporate Counsel, Corporate Governance, Disclosure Requirements, Diversity

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Andrew Solis

U.S. Visa Services Paused in Israel but Visa Waiver Program Starts Early

The U.S. embassy in Israel announced, on October 16, 2023, that it would cease immigrant and nonimmigrant visa services due to the country’s unpredictable security situation. Shortly after the U.S. embassy made this… more

Department of Homeland Security (DHS), Electronic Travel Authorization Program (eTA), Israel, Military Conflict, National Security

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Chelsea Sousa

Employer Smoke Accident and Prevention in Light of the 2023 Canadian Wildfires

From January through May 2023, 18,015 fires burned approximately 510,000 acres across the United States, according to the National Interagency Fire Center (NIFC). Wildfires on the west coast have become so prevalent that the… more

Air Quality Standards, Canada, New Guidance, NOAA, OSHA

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Elizabeth Soveranez

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be… more

Chamber of Commerce, Control Test, Franchises, Joint Employers, NLRA

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Thomas Stanek

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings… more

Administrative Law Judge (ALJ), Appellate Courts, Constitutional Challenges, Corporate Counsel, Labor Relations

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Timothy Stanton

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal… more

Bostock v Clayton County Georgia, Constitutional Challenges, Equal Protection, Fourteenth Amendment, Gender Identity

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Natalie Stevens

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these… more

Americans with Disabilities Act (ADA), Arbitration Agreements, Business Interruption, Centers for Disease Control and Prevention (CDC), Constructive Discharge

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Robert Stewart

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop clauses… more

Bargaining Units, Collective Bargaining Agreements (CBA), Fair Share Contribution, First Amendment, Janus v AFSCME

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Zachary Stinson

D.C. Council Passes Minimum Wage Hike

The Council of the District of Columbia has voted to raise the minimum wage to $15.00 per hour by 2020, and Washington, D.C. Mayor Muriel Bowser is expected to approve the legislation. On June 7, 2016, by a unanimous vote… more

City Councils, Consumer Price Index, Local Ordinance, Minimum Wage, New Legislation

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Rachel Stone

Rhode Island Amends Pay Equity Law, Bans Salary History Inquiries, and Requires Pay Scale Disclosures

Rhode Island Governor Daniel McKee signed pay equity legislation (H 5261A, S 0270A) that will go into effect on January 1, 2023. The new legislation amends Rhode Island’s existing pay equity law and contains the following key… more

Employer Liability Issues, Equal Pay, Hiring & Firing, Pay Discrimination, Pay Equity Laws

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Sage Stone

Los Angeles City Council Proposes Minimum Wage Increase for Hotel and LAX Workers

On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers. If passed, the ordinance would raise the minimum wage… more

Airports, Hospitality Industry, Hotels, Local Ordinance, Minimum Wage

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Phillip Strach

North Carolina Supreme Court Clarifies Lex Loci Doctrine for Claims Brought Under the Trade Secrets Protection Act

It is now clear what choice of law rule applies to claims brought under the North Carolina Trade Secrets Protection Act (NCTSPA). No North Carolina appellate court had ever answered that question prior to the Supreme Court of… more

Choice-of-Law, lex loci delicti, Misappropriation, NC Supreme Court, Trade Secrets

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Pietro Straulino-Rodriguez

Mexico Issues New Federal Labor Inspection Guidelines: How Do They Impact Employers?

On June 11, 2025, Mexico’s Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social (STPS)) published in the Official Gazette of the Federation (Diario Oficial de la Federación) new operating guidelines… more

Government Agencies, Labor Regulations, Mexico, Penalties, Workplace Safety

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John Stretton

Second Circuit Adopts Broad Reading of ADA Protections in Recent Workplace Accommodations Case

In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the scope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employee Rights

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Brandon Strey

Hurricane eMatrix: OSHA’s Latest Guidance for Employers

The Atlantic hurricane season runs from June 1 to November 30 each year. This year, in mid-June, the Occupational Safety and Health Administration (OSHA) published the “Hurricane eMatrix,” a hazard exposure and risk assessment… more

Hurricane Season, OSHA, Risk Assessment, Severe Weather, Workplace Safety

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Eric Stuart

The Practical NLRB Advisor: Spring 2025

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2025 issue of the Practical NLRB Advisor. Whether borne of a desire to rein in the general ubiquity of government… more

Biden Administration, Congressional Investigations & Hearings, Department of Labor (DOL), Employment Policies, Executive Orders

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Mark Stubley

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement… more

New Guidance, NLRA, NLRB, NLRB General Counsel, Remedies

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Mallory Stumpf Zoia

New Illinois Labor and Employment-Related Laws Cover E-Verify, ‘Captive Audience Meetings,’ Noncompetition, AI, and More

The Illinois General Assembly had a busy year in 2024 drafting new legislation that was signed by Governor J.B. Pritzker and took effect on January 1, 2025. The following article summarizes important legal advancements in… more

Artificial Intelligence, Child Labor, E-Verify, Employee Rights, Employer Responsibilities

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Gustavo Suarez

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment tools… more

Algorithms, Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Data Collection

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Jennifer Suberlak

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10, 2024,… more

Background Checks, Ban the Box, California, Criminal Background Checks, Employer Liability Issues

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Deepa Subramanian

Take a Break! Georgia Amends Its Lactation Break Law

The state of Georgia has had a lactation break law on the books for quite some time, but with House Bill 1090 the legislature made some important changes, effective August 5, 2020. As most employers know, the federal Fair Labor… more

Amended Legislation, Fair Labor Standards Act (FLSA), Lactation Accommodation, State Labor Laws

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Andrea Sullivan

U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption

A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the… more

Choice-of-Law, Confidentiality Agreements, Contract Terms, Limited Liability Company (LLC), Material Change Doctrine

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Daniela Medrano Sullivan

Federal Judge Order Suspends Termination of Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) Parole Program

On April 14, 2025, a Massachusetts federal district court judge issued a temporary nationwide order suspending the U.S. Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV)… more

Biden Administration, Cuba, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals

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Daniel Sulton

Mental Health Parity Compliance Remains a Key Focus for Federal Agencies

On July 25, 2023, the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of the Treasury released their annual report to the U.S. Congress regarding group health… more

Annual Reports, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA

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Alexa Sulzenko

The Latest Changes to the Ontario Employment Standards Act, 2000

Several 2024 amendments to the Ontario Employment Standards Act, 2000 (ESA) will be implemented in summer 2025, and more new requirements will take effect starting in 2026. Below is a detailed overview of these changes,… more

Amended Legislation, Artificial Intelligence, Compensation & Benefits, Employee Benefits, Employee Rights

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John Surma

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has… more

Administrative Law Judge (ALJ), Administrative Proceedings, Appellate Courts, Constitutional Challenges, Executive Authority

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Ryan Swink

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the… more

Administrative Law Judge (ALJ), Administrative Review, Compliance, Constitutional Challenges, Department of Labor (DOL)

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D'Ontae Sylvertooth

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days? The… more

Americans with Disabilities Act (ADA), Chevron Deference, Civil Rights Act, Employment Discrimination, Employment Litigation

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David Szwarcsztejn

California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative claims… more

Appeals, Class Action, Private Attorneys General Act (PAGA), Representational Standing, Split of Authority

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Sherry Talton

Washington State Scales Up Paid Family and Medical Leave Law

On May 20, 2025, Washington Governor Bob Ferguson took the final step toward implementing House Bill (HB) 1213’s expansion of the state’s paid family and medical leave program when he greenlit funding for the program as part of… more

Appropriations Bill, Employee Benefits, Employee Rights, Employer Group Health Plans, Employer Responsibilities

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Caroline Tang

White House Permits Air Travel Into the United States for Fully Vaccinated Nonimmigrant Travelers, Beginning November 8, 2021

On October 25, 2021, the White House issued a presidential proclamation revoking the following proclamations with country-specific COVID-19 travel restrictions: Proclamation 9984 (China); Proclamation 9992 (Iran); Proclamation… more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Transportation (DOT)

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Andrew Tanick

Minnesota Court Rules Websites are Public Accommodations under ADA

Joining a number of courts across the country that have ruled similarly, the District Court for District of Minnesota held recently that the Americans with Disabilities Act’s (ADA) prohibition against discrimination in “places… more

Accessibility Rules, Americans with Disabilities Act (ADA), Civil Rights Act, Class Action, Disability Discrimination

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Lee Tankle

DOL Proposes Substantial Increase to Salary Threshold for FLSA’s White Collar Exemptions

On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) that would significantly raise the minimum weekly salary to qualify for one of the Fair Labor Standards Act’s (FLSA) three… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary

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Corey Tanner

Texas Committee Advances Bill to Prevent Municipalities From Enacting Employment Leave Ordinances

In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that the… more

Constitutional Challenges, Local Ordinance, Minimum Wage, Paid Leave, Preemption

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Justin Tarka

Coming Soon: Coordinated Pan-European Enforcement of the ‘Right to Erasure’

The European Data Protection Board (EDPB) recently announced the launch of its 2025 Coordinated Enforcement Framework (CEF) action, which will focus on the right to erasure, also known as the “right to be forgotten,” or, in the… more

Data Deletion, Enforcement Authority, Enforcement Priorities, EU, European Data Protection Board (EDPB)

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Marie Millet-Taunay

France Requires Employers to Investigate Harassment Claims Even Without Evidence

French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case… more

Adverse Employment Action, Corporate Counsel, Employer Liability Issues, Employer Responsibilities, France

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Lisa Taylor

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until… more

Delays, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Green Cards, H-4

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Robin Banck Taylor

Fifth Circuit Broadens Exceptions to At-Will Employment

On August 8, 2016, the Fifth Circuit Court of Appeals recognized a new public policy exception to the at-will employment doctrine, allowing a former employee to sue his employer for terminating his employment for legally storing… more

At-Will Employment, Gun Laws, Hiring & Firing, Public Policy, Wrongful Termination

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Tatiana Terry

Five-Star High School Football Player Sues North Carolina State Board of Education Over NIL Prohibitions

Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in… more

Compensation, Name and Likeness, NCAA, Pending Legislation, Private Schools

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Bradley Tharpe

Reopening Missouri: A Look at State and Local Recovery Plans

The “Show Me” state largely sheltered in place on April 6, 2020, when Governor Michael L. Parson and the Missouri Department of Health and Senior Services (DHSS) issued their initial “Stay Home Missouri” order. This came on the… more

Coronavirus/COVID-19, Employer Responsibilities, Executive Orders, Governor Parson, Municipalities

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David Thatcher

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise… more

Blue Pencil Contract Modification, Breach of Contract, Contract Drafting, Employer Liability Issues, Employment Contract

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Christopher Thomas

South Carolina Human Affairs Commission Releases Prohibition Against Employment Discrimination Poster

On November 14, 2022, the South Carolina Human Affairs Commission revised its employment anti-discrimination poster. The poster serves to inform employees and applicants of the protected classes of individuals covered by the… more

Anti-Discrimination Policies, Employee Handbooks, Employee Rights, Posting Requirements, Pregnancy

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J. Allen Thomas

North Carolina Confronts Misclassification: What Your Organization Needs to Know About the Employee Fair Classification Act

Starting December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section responsible for taking complaints about and facilitating the sharing of information among state and… more

Employee Definition, Employer Liability Issues, Employer Mandates, Industrial Commissions, Misclassification

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Jeffrey Thomas

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software… more

Department of Homeland Security (DHS), Department of Justice (DOJ), E-Verify, Employer Liability Issues, Employment Discrimination

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Jessica Thomas

Georgia Governor Signs Bill to Strengthen Religious Exercise Protections, but Lawmakers Leave Anti-DEI Bill on the Table

On April 4, 2025, the final day of Georgia’s legislative session, Governor Brian Kemp signed into law a “religious liberty” bill that will strengthen protections for the free exercise of religion by prohibiting state and local… more

Colleges, Diversity and Inclusion Standards (D&I), Educational Institutions, Government Agencies, New Legislation

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Michael Thomas

New California Law Mandates Female Representation on Boards of Directors by December 2019

On September 30, 2018, Governor Jerry Brown of California signed Senate Bill (SB) 826, a pioneering law mandating each publicly-held company headquartered in California to have at least one female on its board of directors. The… more

Board of Directors, Corporate Governance, Diversity, Equal Protection, Governor Brown

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Kaitlin Thompson

Change Is Coming to Spain’s Minimum Wage, Visa Process, and LGBTQ Protections

In recent months, Spain has approved measures to streamline the visa process and better protect LBGTQ employees. It also has proposed raising the minimum wage and shortening the workweek… more

Anti-Discrimination Policies, Employee Rights, Employment Discrimination, Employment Policies, Foreign Workers

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Charles Thompson, IV

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces… more

Employer Liability Issues, Employer Responsibilities, Employment Policies, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Emma Thomson

UK Employment Rights Bill: Amendments Employers Should Know

On Thursday, March 6, 2025, amendments to the UK government’s Employment Rights Bill were announced. The bill was laid before the UK Parliament in October 2024, but further amendments have now been made as a result of the… more

Amended Legislation, Consultation, Employee Benefits, Employee Rights, Employer Responsibilities

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Matt Thorne

Could Your OSHA 300 Logs Lead to a Chemical National Emphasis Program Inspection?

An appeal pending before the 11th Circuit Court of Appeals (U.S. v. Mar-Jac Poultry, Inc., No. 16-17745, 11th Cir.) reveals a novel approach the federal Occupational Safety and Health Administration (OSHA) is taking to expand… more

Agricultural Sector, Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

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Corey Thrush

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these… more

Americans with Disabilities Act (ADA), Arbitration Agreements, Business Interruption, Centers for Disease Control and Prevention (CDC), Constructive Discharge

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Rachel Timmins

Unionized Oregon Employers Have Until March 31, 2023, to Collect Employee Contributions to Paid Leave Oregon

Oregon employers with collective bargaining agreements (CBA) have until March 31, 2023, to begin deducting employee contributions to Paid Leave Oregon, the Paid Leave Oregon Advisory Committee clarified on March 1, 2023… more

Collective Bargaining Agreements (CBA), Employee Contributions, Employer Contributions, Paid Leave, Payroll Taxes

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H. Bernard Tisdale

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643 (March… more

Appeals, Corporate Counsel, Employee Training, Employer Liability Issues, Employment Litigation

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Stuart Tochner

Federal Agencies Target Universities Amid Antisemitism Allegations

The federal government recently revoked all grants and contracts with Columbia University, citing “illegal protests” and antisemitism on campus… more

Civil Rights Act, Department of Education, Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Eric Todd

Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based on… more

Appeals, Discrimination, Dismissals, Equal Employment Opportunity Commission (EEOC), First Impression

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Lauren Tompkins-Payton

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur… more

Burden of Proof, Civil Rights Act, Customers, Employer Liability Issues, Employer Responsibilities

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Douglas Topolski

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from… more

Collective Bargaining Agreements (CBA), Data Security, Department of Labor (DOL), Discrimination, e-Discovery

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Todd Torres

Maine’s Governor Vetoes Bill to Regulate Commercial Sales of Marijuana

On November 3, 2017, Maine Governor Paul LePage announced that he had vetoed a bill sent to his desk with tepid support that would have taxed and regulated the commercial sale of recreational marijuana. The veto prolongs a… more

Decriminalization of Marijuana, Governor LePage, Governor Vetoes, Marijuana Related Businesses, Popular

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Ellen Toth

Charging Party Who Did Not Timely Open Link in EEOC Email Loses Her Chance to Sue

The day that a plaintiff receives the U.S. Equal Employment Opportunity Commission’s (EEOC) notice of his or her right to sue starts the running of the ninety-day period to file a lawsuit - not the date the plaintiff (or the… more

Dismissals, Electronic Communications, Email, Equal Employment Opportunity Commission (EEOC), Failure To State A Claim

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Ashley Totorica

San Francisco Amends Fair Chance Ordinance, Restricts Employer Inquiries About Marijuana-Related Convictions

On April 3, 2018, San Francisco amended its Fair Chance Ordinance. The amended ordinance, which will take effect on October 1, 2018, will significantly impact employers that employ, or seek to employ, individuals to work eight… more

Amended Regulation, Ban the Box, Criminal Background Checks, Decriminalization of Marijuana, Fair Chance Act

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Christine Bestor Townsend

Fifth Circuit Upholds Enactment of the Pregnant Workers Fairness Act

On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit overturned a federal district court’s decision to block the enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas… more

Appeals, Constitutional Challenges, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Final Rules

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Elizabeth Townsend

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No… more

Browning-Ferris Industries of California Inc., Collective Bargaining, Control Test, Franchises, Joint Employers

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Yvonne Toy

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Claudia Tran

President Biden’s At-Home COVID-19 Testing Reimbursement Plan Still Awaiting Details

On December 2, 2021, President Joe Biden made comments announcing the White House’s plan for combating COVID-19 and the emerging new variant, Omicron. As part of the nine-step plan, President Biden announced an initiative that… more

Benefit Plan Reimbursements, Benefit Plan Sponsors, Biden Administration, Coronavirus/COVID-19, Health Insurance

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Corey Triggs

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or applicant’s… more

Adverse Employment Action, Employee Rights, Employment Discrimination, Employment Litigation, Hiring & Firing

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Roger Trim

Colorado Sick Leave Requirements Expanded to Cover Absences for Bereavement and Inclement Weather

On June 2, 2023, Governor Jared Polis signed into law Senate Bill (SB) 23-017, which expands the qualifying reasons an employee may take leave under the Colorado Healthy Families and Workplaces Act (HFWA)… more

Bereavement Leave, Governor Polis, Healthy Families Act, New Legislation, Paid Leave

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Savannah Trimmer

North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become law… more

Governor Cooper, Local Ordinance, Municipalities, Non-Discrimination Rules, State and Local Government

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Kate Trinkle

FDIC Closing in on Implementing the Fair Hiring in Banking Act With Proposed Regulations for Section 19

The Federal Deposit Insurance Corporation (FDIC) is close to finalizing revisions to regulations regarding Section 19 of the Federal Deposit Insurance Act to align them with the Fair Hiring in Banking Act (FHBA), which eased the… more

Banking Sector, Banks, Criminal Records, FDIC, Financial Institutions

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Mark Trocinski

Visa Bulletin for October 2021 Shows Only Minor Advances for Employment-Based Visa Applications

On September 13, 2021, the U.S. Department of State issued the Visa Bulletin for October 2021, which showed minor advancement on priority for backlogged filings of employment-based (EB) immigrant visa (green card) beneficiaries… more

EB-1, EB-2, EB-3, Foreign Nationals, Green Cards

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Tracy Truesdale

Illinois Rings in the New Year With New Employment Laws

As we prepare to welcome 2019, Illinois employers must also prepare for new employment laws that afford greater rights and protections to employees. Below is a summary of new laws affecting the employment landscape in Illinois… more

Amended Legislation, Biometric Information Privacy Act, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay Act

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Robert Tucker

New York’s 2025–26 Budget Includes Immediate Labor Law Reforms, Important Changes to Pay Frequency Laws

New York’s governor and state legislature have finally stumbled to completion of this year’s budget negotiations and enacted legislation as part of the 2025–26 state budget, which includes significant amendments to the New York… more

Amended Legislation, Employee Rights, Employer Responsibilities, Labor Law Violations, Liquidated Damages

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Kristen Tully

Immigration Policy Tracker: January 20 - February 5, 2025

The first three weeks of the new presidential administration resulted in numerous executive orders and agency actions impacting foreign nationals living and working in the United States. These actions were far-reaching, with… more

Department of Homeland Security (DHS), Enforcement Priorities, Executive Orders, Foreign Nationals, Foreign Workers

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Andrew Turner

In Landmark Decision, Supreme Court Rules That Title VII Prohibits Employment Discrimination of Gay and Transgender Individuals

On June 15, 2020, the Supreme Court of the United States held that Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompasses discrimination against gay and transgender individuals. Justice Neil… more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, Corporate Counsel, EEOC v RG & GR Harris Funeral Homes

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Karen Tynan

California CRD Publishes Notice and FAQs on Rights for Violence Survivors and Family Members

On July 1, 2025, the California Civil Rights Department (CRD) published a “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” notice. The CRD also published guidance in the form of frequently… more

Crime Victims, Domestic Violence, Employee Rights, Employer Responsibilities, New Guidance

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Gergana Tzekova

U.S. and Turkey Suspend Nonimmigrant Visa Services

On October 8, 2017, the U.S. Embassy in Ankara, Turkey, announced that it has suspended all nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. “Recent events have forced the United States Government to… more

Foreign Nationals, H-1B, L-1, Non-Immigrant Visas, Turkey

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Alix Udelson

The Not-So-Secret Recipe: How Restaurants Can Protect Their Trade Secrets

Restaurant fortunes are often attributable to just one or two signature dishes, and recipe ownership dilemmas can arise in restaurants of all sizes. Recent examples include a joint venture gone awry, resulting in a war over the… more

Employment Contract, Intellectual Property Protection, Restaurant Industry, Restrictive Covenants, Trade Secrets

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Hal Ungar

Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians

The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for primary… more

Contract Terms, Employment Contract, Hospitals, New Legislation, Non-Compete Agreements

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Sean Urich

Federal District Court Blocks FTC Noncompete Rule from Taking Effect

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers. The court entered a… more

Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Judgment

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Ashley Urquijo

DHS Terminates Temporary Protected Status for Honduras and Nicaragua, Effective September 8, 2025

On July 8, 2025, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register announcing the termination of Temporary Protected Status (TPS) designation for Honduras and Nicaragua… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Federal Register, Foreign Nationals, Foreign Workers

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L. Evan Van Gorder

Philadelphia’s Pay Equity Ordinance: When May Employers Request and Consider Salary Information in Light of the Latest Challenge?

On April 30, 2018, Judge Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued an order granting in part and denying in part a motion brought by the Chamber of Commerce for Greater Philadelphia for… more

Chamber of Commerce, Hiring & Firing, Local Ordinance, Pay Equity Laws, Preliminary Injunctions

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Amanda Van Wieren

Making the Case for Employee Engagement: A Hard Numbers Approach

Are your employees engaged or are they transactional? Do you believe that employee engagement has a substantial impact on your bottom line? If so, what are you doing to increase employee engagement? In a 2008 study, over… more

Best Management Practices, Law Practice Management, ROI, Young Lawyers

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Danielle Vanderzanden

Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration

Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee… more

Arbitration, Arbitration Agreements, Document Requests, Employer Liability Issues, Employment Litigation

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Thomas Vasiljevich

Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a… more

Actuarial Values, Appeals, Defense Strategies, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Oscar Margáin Vega

Labor Courts Are Now a Reality in Mexico

On October 3, 2022, the last phase of the implementation of Mexico’s Federal Labor Law of 2019 (the “Labor Reform”) amendment became effective, and, consequently, a new labor process before the courts is now a reality in… more

Conciliation, Corporate Counsel, Federal Labor Laws, Labor Courts, Labor Reform

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Olivia Vehslage

Is Pay Transparency and Reporting Coming to Massachusetts?

Massachusetts employers should keep an eye on a flurry of proposed legislation recently filed in both the state House of Representatives and Senate. One bill would impose new pay transparency obligations on Massachusetts… more

Pay Data, Pay Transparency, Proposed Legislation, Reporting Requirements, State Labor Laws

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Timothy Verrall

Direct Employer Assistance and 401(k) Plan Relief Options for Employees Affected by California Wildfires

In the past week, devastating wildfires in Los Angeles, California, have caused unprecedented destruction across the region, leading to loss of life and displacing tens of thousands. While still ongoing, the fires already have… more

401k, California, Employee Benefits, Hardship Distributions, Individual Retirement Account (IRA)

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Melina Villalobos

USCIS Redesigns Green Cards and Employment Authorization Documents to Combat Counterfeiting and Tampering

On January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a redesign of permanent resident cards (green cards) and employment authorization documents (EADs). The new cards feature state-of-the-art fraud… more

Anti-Fraud Provisions, Counterfeiting, Employment Authorization Documents (EAD), Green Cards, Permanent Residence Cards

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Nora Villalpando Badillo

Mexico Amends Human Trafficking Law to Include Excess Work Shifts as a Crime of Labor Exploitation

Mexico’s General Law to Prevent, Punish, and Eradicate Crimes Related to Human Trafficking and for the Protection and Assistance to the Victims of These Crimes (“Human Trafficking Law”) has as its purpose to protect the life,… more

Amended Legislation, Employer Liability Issues, Exploitation, Human Trafficking, Mexico

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Victoria Vish

It’s Official - No Tax on Tips, No Tax on Overtime Through 2028

One of President Donald Trump’s 2024 campaign messages was a promise to implement a no-tax-on-tips and no-tax-on-overtime law. On July 3, 2025, the U.S. Congress passed the “One Big Beautiful Bill,” and President Trump signed… more

Fair Labor Standards Act (FLSA), FICA Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Eva von Muellern

German Employment Law: A Look at Important Changes for 2022

As usual, there are some important changes in German employment law that went into effect at the beginning of the new year. Below are eight of the most important new developments about which employers may want to be aware… more

Amended Legislation, Federal Labor Laws, Germany, Pensions, Wage and Hour

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Robert Vorhees

Oakland’s Emergency Paid Sick Leave Ordinance Poster Now Available

On June 19, 2020, the City of Oakland, California, published a notice poster for employers to provide to their employees regarding Oakland’s Emergency Paid Sick Leave Ordinance. As we previously discussed in our summary of the… more

Coronavirus/COVID-19, Local Ordinance, Municipalities, Paid Leave, Posting Requirements

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Karen Vossler

Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and marijuana… more

Corporate Counsel, Decriminalization of Marijuana, Drug & Alcohol Abuse, Drug Testing, Employment Policies

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Christina Wabiszewski

Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations

Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference. More… more

Food Service Workers, Labor Regulations, Regulatory Standards, Reporting Requirements, Restaurant Industry

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W. Ryan Waddell

Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions

Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional… more

Amended Legislation, Exempt-Employees, Fair Labor Standards Act (FLSA), Over-Time, State Labor Laws

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Bethany Wagner

U.S. Olympic Committee’s New Transgender Athlete Ban Highlights Changing Policy Landscape

The U.S. Olympic and Paralympic Committee (USOPC) recently banned transgender athletes from competing in women’s sports, becoming the latest institution to take such action following President Donald Trump’s Executive Order (EO)… more

Civil Rights Act, Department of Justice (DOJ), Executive Orders, Gender Identity, International Olympic Committee (IOC)

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David Wagner

H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase Summary

On March 2, 2023, the U.S. Department of Homeland Security (DHS) notified the public that the 33,000 H-2B cap positions within the second half of the fiscal year had been reached. DHS indicated that the number of positions for… more

Department of Homeland Security (DHS), H-1B, H-2B, Visa Caps, Visas

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Candace Walker

Indiana Legislature Bans “Ban the Box” Ordinances

Some cities and counties across the country have enacted local ordinances restricting the ability of employers to inquire into the criminal histories of applicants during various stages of the job application process. (These… more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Governor Holcomb, Hiring & Firing

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Kevin Walker

New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave… more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Darius Walker, Jr.

Tennessee Governor Signs Bill Expanding Student-Athlete NIL Compensation

On May 1, 2025, Governor Bill Lee signed into law legislation (SB 536/HB194) that expands Tennessee’s Intercollegiate Athlete’s Name, Image, or Likeness Law (“student-athlete NIL statute”). Under the law, Tennessee… more

Colleges, Compensation, Name and Likeness, NCAA, New Legislation

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Abigail Wallach

Illinois Governor Signs Pay Transparency Legislation Into Law

Illinois has joined the wave of jurisdictions passing pay transparency requirements. On August 11, 2023, Illinois Governor J.B. Pritzker signed a bill into law that will require employers to include pay ranges in job postings… more

Compliance, Corporate Counsel, Equal Pay Act, Governor Pritzker, New Legislation

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Leslie Wallis

Los Angeles City Council Proposes Minimum Wage Increase for Hotel and LAX Workers

On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers. If passed, the ordinance would raise the minimum wage… more

Airports, Hospitality Industry, Hotels, Local Ordinance, Minimum Wage

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John Walpole

New York’s Proposed Employment Contract Reforms: What Employers Need to Know

If two bills recently introduced in the New York State Legislature become law, employers across the state could face new restrictions on including certain common provisions in their employment-related agreements… more

Contract Terms, Corporate Counsel, Employee Rights, Employment Contract, Employment Litigation

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David Walston

Turning Up the Heat on OSHA’s Winter Weather Guidelines

In the last several years, most regions of the United States have experienced periods of severe winter weather with frigid temperatures and bone-chilling winds. Winter weather carries a variety of hazards, from cold-stress… more

General Duty Clause, Health and Safety, OSH Act, OSHA, Severe Weather

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Corona Wang

USCIS Authority to Issue Notices to Appear Is Expanded in Latest Policy Memorandum

On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued an updated policy memorandum expanding the authority of USCIS employees to issue notice to appear (NTA) charging documents to initiate removal… more

Customs and Border Protection, Foreign Nationals, Immigrants, Immigration and Customs Enforcement (ICE), Immigration Procedures

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Jody Ward-Rannow

Mission Accomplished...White House Declares an End to the Pandemic and the CMS Vaccine Mandate

On May 1, 2023, the Biden administration announced that it would be ending all of its various COVID-19 vaccination requirements on May 11, 2023, the same date as the COVID-19 national emergency and public health emergency will… more

Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Ryan Warden

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we wrote… more

Arbitration Agreements, Electronic Communications, Employment Contract, Mandatory Arbitration Clauses, NJ Supreme Court

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David Warren

Unemployment Assistance and the CARES Act: Minimizing Liability for Withdrawing Job Offers

Employers across the country are making difficult decisions due to the COVID-19 crisis. The economic downturn has affected current employees in a number of ways, including reduced pay, reduced work hours, furloughs, and even… more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Hiring & Firing, Job Applicants

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Richard Warren

Michigan Supreme Court Says Time Limits on Employment Claims Must Be Reasonable

On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test… more

Contract Disputes, Contract Terms, Employer Responsibilities, Employment Contract, Employment Litigation

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Tracy Warren

School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and… more

Colleges, Dating Violence, Disciplinary Proceedings, Domestic Violence, Sexual Assault

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Aaron Warshaw

Supreme Court Rejects Heightened Standard for Discrimination Claims From Majority Groups

On June 5, 2025, the Supreme Court of the United States ruled that employees who are part of a majority group do not have a higher evidentiary standard to prove workplace discrimination… more

Employment Discrimination, Employment Litigation, Evidentiary Standards, Reverse Discrimination, SCOTUS

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Liz Washko

Common Reasons for Flagged Pay Differences

Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are… more

Attorney-Client Privilege, Disparate Treatment, Equal Pay, Gender-Based Pay Discrimination, Mergers

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Lauren Watson

California Finalizes Groundbreaking Regulations on AI, Risk Assessments, and Cybersecurity, Part II: What Businesses Need to Know

In July 2025, the California Privacy Protection Agency (CPPA) Board unanimously approved new regulations pursuant to the California Consumer Privacy Act (CCPA) that specifically address the use of automated decisionmaking… more

Audits, Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Corporate Counsel

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Suzanne Watson

Is It Compensable? Federally Recognized Holidays

February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off… more

Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Holiday Pay, Private Sector

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Keith Watts

Bill Proposes to End Federal Government’s 80-Year-Old War on Marijuana

What is currently considered to be a Schedule I substance with “a high potential for abuse and the potential to create severe psychological and/or physical dependence” and “no currently accepted medical use” may soon be… more

Controlled Substances Act, Decriminalization of Marijuana, Fifth Amendment, Marijuana, Proposed Legislation

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Valerie Weiss

New Jersey Expands State Family Leave Act and Family Leave Insurance Act to Provide Coverage for COVID-19 Leave

In response to the ongoing coronavirus pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 2374 (S2374), which amends the New Jersey Family Leave Act (NJFLA) and the New Jersey Family Leave… more

Coronavirus/COVID-19, Governor Murphy, New Legislation, Unpaid Leave

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Nicole Welch

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges joined… more

Appeals, Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Sex Discrimination

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Kyle Wende

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined to… more

CA Supreme Court, Cal Code of Civil Procedure, DLSE, Employer Liability Issues, Private Attorneys General Act (PAGA)

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Ashley Wenger-Slaba

Arbitration Agreements for Independent Contractors in the Transportation Industry Under Fire

The oral arguments on October 3, 2018, before the Supreme Court of the United States in New Prime, Inc. v. Oliveira have created waves of uncertainty in the transportation industry about the enforceability of arbitration… more

Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Federal Arbitration Act, Independent Contractors

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C. John Wentzell, Jr.

New Final Treasury Regulations Clarify Rules For Mid-Year Amendments To Safe Harbor 401(k) Plans

On November 14, 2013, the Internal Revenue Service (IRS) issued final regulations, which provide guidance on permitted mid-year reductions or suspensions of safe harbor nonelective contributions. The final regulations also… more

401k, Employer Contributions, IRS, Safe Harbors, U.S. Treasury

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Kathleen Weron

Title VII Lawsuit in Utah Federal District Court Challenges Employee’s Firing After Making Online Posts

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social… more

Anti-Discrimination Policies, Civil Rights Act, Employee Rights, Employment Discrimination, Employment Litigation

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Courtney Rai White

’Tis the Season to Be Mindful of Religious Accommodation Obligations

So it begins—the annual holiday marathon. But which holidays come to mind? Thanksgiving, Christmas, Hanukkah, Kwanza, Festivus? A version of this article first appeared on Law360… more

Discrimination, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Holidays

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Sandra White

Texas Widens Limitations on Noncompete Agreements With Healthcare Practitioners

Texas recently enacted a law that broadens the geographic and temporal restrictions on noncompete agreements with healthcare practitioners. The law will apply to physicians, nurses, physician assistants, and dentists… more

Dentists, Employment Contract, Health Care Providers, Healthcare Facilities, New Legislation

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Matthew Wholey

SCOTUS Rules Equitable Tolling Does Not Save Successive Class Action Lawsuits

On June 11, 2018, the Supreme Court of the United States issued a landmark decision in China Agritech, Inc. v. Resh, addressing a split in the federal circuit courts of appeal, arising from differing applications of the… more

American Pipe & Construction Co. v. Utah, Appeals, China Agritech Inc v Resh, Class Action, Class Certification

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Aaron Wilensky

Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully challenged… more

Appeals, Motions to Quash, OSHA, Poultry Products Inspection Act (PPIA)., Recordkeeping Requirements

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John Wilkinson

Employer Reminder: Ontario Election 2025 - Employees’ Right to Time Off to Vote Under the Election Act

On January 28, 2025, Ontario Premier Doug Ford requested that Lieutenant Governor Edith Dumont dissolve Ontario’s Legislative Assembly, triggering an election for Ontarians to elect Members of Provincial Parliament. That… more

Employee Rights, Employment Contract, Employment Litigation, Employment Policies, Ontario

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Erin Williams

Missouri Supreme Court Rules in Favor of Transgender Student

On February 26, 2019, the Supreme Court of Missouri overturned the dismissal of a lawsuit filed against a school district by a transgender student who alleged the school district violated the Missouri Human Rights Act by… more

Dismissals, Gender Discrimination, Human Rights, MO Supreme Court, Protected Class

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Sarah Williams

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the state… more

Administrative Authority, Appeals, Cal Code of Civil Procedure, Collateral Estoppel, DFEH

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Steven Williams

USCIS Provides Filing Flexibility for International Student OPT Work Authorization Applications Affected by Service Delays

On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765,… more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Students, Immigration Procedures, OPT

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Thornell Williams Jr.

Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017… more

Employer Liability Issues, NLRA, Protected Concerted Activity, Section 7, Strike

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David Carl Williams Jr.

Alabama Reopens Additional Businesses and Provides Immunity to Covered Entities for Certain COVID-19 Claims

On May 8, 2020, Governor Kay Ivey issued an amended Safer at Home order, lifting previous restrictions and providing additional guidance to Alabama businesses. The same day, Governor Ivey issued a separate executive order… more

Coronavirus/COVID-19, Covered Entities, Executive Orders, Governor Ivey, Health Care Providers

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Stephanie Willing

The Employment Law Implications of the Marijuana Ballot Initiatives

On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position… more

Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Amie Willis

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a… more

Background Checks, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Jonathan Wilson

Congress and the DOL Wade Into the Tip Pool, Reverse Obama-Era Regulations

Restaurant owners have been anxiously awaiting the Department of Labor’s (DOL) guidance regarding proper participation and operation of tip pools after the passage of the March 23, 2018, Consolidated Appropriations Act, which… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Field Assistance Bulletins, Minimum Wage, Restaurant Industry

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Kesha Wilson

Significant Workforce Reductions at the U.S. Department of Education and Their Potential Implications

On March 11, 2025, the U.S. Department of Education announced that it would initiate a reduction in force (RIF), affecting nearly 50 percent of its workforce… more

Administrative Procedure Act, Department of Education, Executive Orders, Hiring & Firing, Involuntary Reduction in Force

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Michael Wilson Jr.

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California,… more

Construction Contracts, Construction Industry, General Contractors, Labor Code, Labor Commissioners

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Patrick Wilson

Maryland Moves to Revise Paid Family and Medical Leave Insurance Program Implementation Dates, Raise State Minimum Wage

Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, accelerating the minimum wage rate in Maryland to… more

Medical Leave, Minimum Wage, New Legislation, Paid Family Leave Law, Paid Leave

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Michelle P. Wimes

What’s the Need-to-Know on Employee Affinity Groups?

Employee Affinity Groups—also known as Business Resource Groups—are groups of employees with common interests, concerns, or characteristics. Join Michelle Wimes, Ogletree Deakins’ Chief Diversity and Professional Development… more

Best Practices, Business Development, Diversity, Leadership, Opt-In

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R. Lance Witcher

OSHA Launches National Emphasis Program to Expand on Heat Illness Prevention Campaign

With summer fast approaching, OSHA has ramped up investigations into heat-related injuries in the workplace. In furtherance of President Biden’s heat illness initiative, on October 27, 2021, the Occupational Safety and Health… more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, Employer Liability Issues, Heat Exposure, OSHA

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Hannah Withers

California’s Salary History Ban: Answers to Frequently Asked Questions

As discussed in our previous article, “California Governor Signs Law Banning Salary History Inquiries,” as of January 1, 2018, California employers are required to comply with California Labor Code Section 432.3, which prohibits… more

Corporate Counsel, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants

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Penny Wofford

The Affordable Care Act: What’s Ahead?

More than five years after its enactment, the Affordable Care Act (ACA) continues to be one of the top concerns for employers, and rightly so: the ACA is one of the most comprehensive laws impacting employee benefits since the… more

Affordable Care Act, Cadillac Tax, Employer Group Health Plans, Healthcare, Healthcare Reform

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Samantha Wolfe

I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023. Employers that have been relying on the… more

Comment Period, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Employment Eligibility Verification, Form I-9

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Timothy Wolfe

Illinois’s Lodging Services Human Trafficking Law Leaves Unanswered Questions for Restaurants and Truck Stops

On January 1, 2022, amendments to Illinois’s Lodging Services Human Trafficking Recognition Training Act (820 ILCS 95/) took effect, ostensibly adding restaurants and truck stops to the act’s purview. Under the amended act, “a… more

Amended Legislation, Commercial Truck Drivers, Employee Training, Human Trafficking, Restaurant Industry

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Jennifer Woodruff

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking… more

Administrative Procedure Act, Adverse Impact, Appeals, Business Necessity, Civil Rights Act

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Stephen Woods

California’s New Background Check Regulations: 10 Frequently Asked Questions

California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently… more

Background Checks, Corporate Counsel, Criminal Background Checks, Employer Liability Issues, Fair Chance Act

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Virginia Wooten

Tips for Staying Legally Compliant in Summertime Hiring

As many employers are hiring summer staff, now is a good time to brush up on new developments in child labor, wage and hour, and workplace safety laws. These legal compliance matters may be particularly relevant to employers in… more

Child Labor, Employer Responsibilities, Fair Labor Standards Act (FLSA), Minimum Wage, Over-Time

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Kendra Worley Thornton

New Mexico Enacts Paid Sick Leave Law

On April 7, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, enacting the Healthy Workplaces Act (HWA), which will require private employers in New Mexico with at least one employee to provide paid sick… more

Employment Policies, New Legislation, Paid Leave, Paid Sick Leave Act, Paid Time Off (PTO)

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Kristina Wright

Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals in… more

Covered Entities, DNA, Employer Liability Issues, Genetic Discrimination, Genetic Testing

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Luther Wright Jr.

Domestic Violence and its Potential Consequences in the Workplace: How to Protect Your Workers

Daily reports of incidents of domestic violence are an unfortunate reality across our nation. Recent events in San Bernardino, California, and Cookeville, Tennessee, remind us that domestic violence issues sometimes spill over… more

Best Management Practices, Domestic Violence, Workplace Safety

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Mark Wu

USCIS Implements Final Rule on Public Charge Ground of Admissibility

U.S. Citizenship and Immigration Services’ (USCIS) final rule on public charge inadmissibility has been in effect since December 23, 2022. Accordingly, USCIS released a revised Form I-485, Application to Register Permanent… more

Final Rules, I-485 Applications, Public Benefits, USCIS

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Madison Baker Wyche

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new… more

Americans with Disabilities Act (ADA), Compliance, Employer Liability Issues, Family and Medical Leave Act (FMLA), Form I-9

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Jenny Xia

New York Enacts Law Prohibiting Discipline for Legally Protected Absences

On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,… more

Amended Legislation, Discipline, Employer Liability Issues, Leave of Absence, Protected Activity

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Evan Yahng

California Finalizes Groundbreaking Regulations on AI, Risk Assessments, and Cybersecurity, Part II: What Businesses Need to Know

In July 2025, the California Privacy Protection Agency (CPPA) Board unanimously approved new regulations pursuant to the California Consumer Privacy Act (CCPA) that specifically address the use of automated decisionmaking… more

Audits, Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Corporate Counsel

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Jennifer Yanni

OSH Law Primer, Part III: The Duty to Comply With Standards

This series of articles is intended to provide the reader with a very high-level overview of the Occupational Safety and Health Act (OSH Act) and the Occupational Safety and Health Administration (OSHA) and how both influence… more

Affirmative Defenses, Compliance, Employer Liability Issues, Health and Safety, Multi-Employer Worksites

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Susan Ye

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged whistleblowing… more

Arbitration, Breach of Contract, Corporate Counsel, Hiring & Firing, Labor Management Relations Act (LMRA)

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Gillian Yee

“But You’re Not a Person of Color—You’re Asian”

Growing up in an affluent, mostly white suburb of Detroit, I never really embraced my diversity. I knew that I was different from my schoolmates and friends, but I didn’t think much about it. Sure, I took Chinese lessons every… more

Discrimination, Diversity, Law Practice Management, Women in the Law, Young Lawyers

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Margaret Young

5 Key Employee Handbook Updates to Consider in 2021

With the onslaught of the pandemic in 2020, many employers were busy dealing with staffing issues, safety concerns, and COVID-19–related legislation. There may have been little to no time to address handbook policies… more

Coronavirus/COVID-19, Employee Handbooks, Employment Policies, Health and Safety, NLRB

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Perry Yung

Beat the Heat: What Are Ontario’s OHSA Requirements for Working in the Heat?

Recently, sweltering summer heat settled over parts of Canada, especially in Ontario. There is good reason to believe that this will happen again this summer, and will impact both workers who are outside in the sun and those who… more

Canada, Employee Rights, Employee Training, Employer Responsibilities, Health and Safety

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Zachary Zagger

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings… more

Administrative Law Judge (ALJ), Appellate Courts, Constitutional Challenges, Corporate Counsel, Labor Relations

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Marc Zaken

Connecticut Kicks Off Its 2023 Legislative Session With Slew of Employment-Related Bills

Connecticut employers have seen a significant increase in legislation affecting their businesses over the last few years. Just to highlight a few (of the many pieces of legislation) that Connecticut has enacted… more

Employee Rights, Job Ads, New Legislation, Non-Compete Agreements, Part-Time Employees

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Lauren Zeldin

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a reasonable… more

Americans with Disabilities Act (ADA), Disability, Emotional Support Animals, Inspections, Interactive Process

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Sara Zucco

New York City’s Amended Rules for Paid Prenatal Leave: What Employers Need to Know

Following a public hearing and comment period, on June 3, 2025, New York City adopted the Department of Consumer and Worker Protection’s (DCWP) proposed amended paid prenatal leave rules, which will go into effect on July 2,… more

Comment Period, Employee Benefits, Employer Responsibilities, Local Ordinance, Paid Leave

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Joshua Zugish

Last But Not Least, Alabama Passes Data Breach Notification Act

With Governor Kay Ivey’s signature on the Alabama Data Breach Notification Act on March 28, 2018, Alabama followed the lead of 49 other states in requiring protection of sensitive consumer information and notice of data… more

Cybersecurity, Data Breach, Governor Ivey, New Regulations, Personally Identifiable Information

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Kevin Zwetsch

Gig Economy Temporary Staffing With Smartphone Apps: 7 Legal and Practical Considerations for Employers

New technologies that enable temporary staffing candidates to find positions via applications that use algorithms to match people to positions, are here. With names like tilr and Shiftgig, these apps use an alternative,… more

Anti-Harassment Policies, Defend Trade Secrets Act (DTSA), Department of Labor (DOL), Fair Credit Reporting Act (FCRA), Gig Economy

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David Zwisler

Wyoming Enacts Law to Restrict the Use of Noncompete Agreements

Employers in Wyoming will soon be limited in their use of noncompete agreements under a newly enacted law that makes the state the latest of a growing number of states to restrict noncompete agreements in the employment context… more

Corporate Counsel, Employment Contract, New Legislation, Non-Compete Agreements, Physicians

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