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Ballard Spahr LLP

Rise in E-Verify Desk Audits: What U.S. Employers Need to Know in 2025

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In recent months, we have seen a notable uptick in E-Verify desk audits and related inquiries from federal and state agencies. This trend reflects the current administration’s heightened focus on employer immigration...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Bradley Arant Boult Cummings LLP

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more

Seyfarth Shaw LLP

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

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On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Seyfarth Shaw LLP

TPS Haiti Work Authorization Extended to February 2026, Employers need to Make I-9 Updates.

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In a significant development for employers and Haitian nationals under Temporary Protected Status (TPS), the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to reflect a court-ordered automatic...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Troutman Pepper Locke

Navigating Employee Integration in Mergers and Acquisitions: Lessons From Pretty Woman — Hiring to Firing Podcast

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter discuss the challenges of integrating employees during and after mergers and acquisitions through the lens of the classic film Pretty Woman. Joined...more

Quarles & Brady LLP

The Top Five Things to Know about E-Verify’s New “Status Change Report” for Employers that Use E-Verify

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The U.S. Department of Homeland Security (“DHS”) has rolled out a new reporting tool to assist Employers who participate in E-Verify in identifying cases where certain employees’ work authorization may have been revoked by...more

McGuireWoods LLP

Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection

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In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade...more

Jenner & Block

Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

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We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

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Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

Seyfarth Shaw LLP

How the Latest NLRB Guidance Helps Employers Resolve Disputes

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Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also...more

Ropes & Gray LLP

Five Takeaways From the EU Commission’s AI Literacy Q&As

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Earlier this month, the European Commission released AI Literacy – Questions & Answers. The Q&As are a useful primer — both for organisations at the start of their literacy journey and those that, having taken steps to...more

Adams & Reese

SCOTUS: DHS Can Proceed with Termination of Temporary Protected Status for Venezuelans

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On May 19, 2025, the U.S. Supreme Court issued an emergency order that allows the Department of Homeland Security (DHS) to proceed with terminating Temporary Protected Status (TPS) for Venezuelan nationals under the 2023...more

Bond Schoeneck & King PLLC

Finally, New York Provides Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can...more

Littler

Washington Expands Covered Uses of Paid Sick Leave to Include Immigration Proceedings

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On April 25, 2025, Washington State Governor Bob Ferguson signed House Bill 1875 into law. The amendment will become effective July 27, 2025. The new law amends Revised Code of Washington § 49.46.210 to expand the reasons for...more

Goodell, DeVries, Leech & Dann, LLP

Attorneys Must Clarify Their Role to Clients

Earlier this year, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 514 addressing a lawyer’s obligations for advising an organizational client when the advice might also be relied...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

McGuireWoods LLP

Employers Note: Virginia Bans Noncompetes for All Overtime-Eligible Workers

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Beginning July 1, 2025, Virginia will prohibit noncompete agreements for all employees eligible for overtime pay. The new law builds on previous prohibitions for “low-wage employees” in the Commonwealth....more

ArentFox Schiff

Coming Soon: Changes to State Noncompete Laws in Virginia, Arkansas, and Wyoming

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Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such...more

Ballard Spahr LLP

IRS Changes Course on Income Tax Impact of Employee Retention Credit

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On March 20, 2025, the IRS updated its guidance to employers that claimed the employee retention credit (ERC). The updated guidance materially differs from prior IRS guidance of how and when employers should report the income...more

Proskauer - Law and the Workplace

Virginia Strengthens Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition...more

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