News & Analysis as of

Employment Litigation Regulatory Requirements

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

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This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Health Care Compliance Association (HCCA)

Amid Seeming Error, HHS Finalizes Klote’s Termination As Director of Crippled OHRP; She Issues a Warning

In the end, the final termination letter arrived in the mail on July 18. For nearly three months—about half of the length of time she was director of the HHS Office for Human Research Protections (OHRP)—Molly Klote, M.D.,...more

Jackson Lewis P.C.

Mid-Year 2025

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The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

Dickinson Wright

Washington State Expands Employee Access to Personnel Files

Dickinson Wright on

Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for...more

Hahn Loeser & Parks LLP

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

DarrowEverett LLP

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

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Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of...more

Stikeman Elliott LLP

Commu(nica)ted Value: The Québec Superior Court Provides Guidance to Pension Plan Administrators and Employers

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A recent Québec Superior Court decision (Bernard c. Association de bienfaisance et de retraite des policiers et policières de la Ville de Montréal (“Bernard”)) highlights the importance of clear communications with pension...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

Steptoe & Johnson PLLC

The Ever-Changing Legal Landscape of State and Federal Regulations for Using AI in Candidate Recruiting and Screening

According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more

K&L Gates LLP

2025 Year-To-Date Review of AI and Employment Law in California

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California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools,...more

Jackson Lewis P.C.

Washington State’s Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

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Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more

DCI Consulting

District Court Ruling Reinforces Justification for Employers to Collect Demographic Data

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Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have...more

Littler

U.S. Employers Expect Significant Impact From Regulatory Shifts on Immigration and Inclusion, Equity & Diversity, Littler Survey...

Littler on

(May 7, 2025) – As U.S. employers adapt to wide-ranging executive orders, sweeping changes at federal agencies and a growing patchwork of state and local regulations, they are bracing for further challenges over the next...more

DCI Consulting

Democracy Forward Files Lawsuit Opposing EEOC’s Law Firm Data Request

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On April 15, 2025, Democracy Forward Foundation, a nonprofit known for litigating cases against the federal government, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC). Democracy Forward filed the...more

McDermott Will & Schulte

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Nelson Mullins Riley & Scarborough LLP

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more

Cozen O'Connor

Quick Hits: OSHRC Down to Zero Commissioners and Heat Illness Update

Cozen O'Connor on

The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Ius Laboris

Under Pressure: Mental Health at Work in Times of Uncertainty

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Today is the World Day for Safety and Health at Work. To mark the occasion, we take a look at the important area of mental health in the workplace, something that has become one of the most pressing concerns for employers...more

Maynard Nexsen

Recent Litigation Emphasizes the Importance of Using Correct COBRA Notices

Maynard Nexsen on

In Marrow v. E.R. Carpenter Co., Inc., a former employee filed a proposed class action lawsuit against her employer, claiming that the company’s group health plan failed to provide a proper COBRA election notice. The employee...more

Epstein Becker & Green

Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp

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Wage and hour compliance often presents complex challenges for employers, with unclear regulations and changing enforcement priorities. Addressing these issues proactively and resolving potential disputes are vital for...more

Baker Botts L.L.P.

AI Legal Watch: April 14, 2025

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In an unprecedented test of courtroom technology boundaries, the New York State Supreme Court Appellate Division recently halted proceedings when it discovered pro se litigant Jerome Dewald had submitted an AI-generated...more

Frost Brown Todd

Recent Survey Shows Class Actions on the Rise and More Expensive to Defend

Frost Brown Todd on

Recently, Carlton Fields issued its 2025 Class Action Survey based on interviews of general counsel or senior counsel at more than 300 Fortune 1000 and other large companies across a variety of industries. The results from...more

Genova Burns LLC

What Employers Need To Know About DEI Certifications

Genova Burns LLC on

On January 20, 2025, the Trump Administration signed Executive Order 14173 on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Executive Order). The Executive Order seeks to end diversity, equity,...more

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