News & Analysis as of

Government Agencies Employer Liability Issues

Nilan Johnson Lewis PA

EEOC Abandons Disparate Impact Claims

Employers facing potential pay discrimination claims have historically faced two basic types of claims: disparate treatment claims and disparate impact claims. Because disparate impact claims are easier to raise on a class...more

Seyfarth Shaw LLP

Are Enforceable Undertakings available under HVNL in NSW? It depends.

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If you’re an employer operating heavy vehicles in NSW, understanding how an Enforceable Undertaking (EU) works under the Heavy Vehicle National Law (HVNL) could be critical to your legal strategy. When facing allegations of...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

Cozen O'Connor

New York Note: Ex-NYPD Sues City, City Legislation, State Overtime Costs, International Affairs Commissioner

Cozen O'Connor on

Ex-NYPD Official Sues Mayor - Former NYPD Deputy Commissioner Tom Donlon has filed a federal lawsuit against Mayor Eric Adams, senior NYPD leaders, and City Hall. Donlon briefly served as Interim NYPD Commissioner for two...more

King & Spalding

Worksite Enforcement Operations: A Renewed Focus for the Second Trump Administration

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In 2021, the Biden Administration announced the end of the U.S. Immigration and Customs Enforcement’s (ICE) use of workplace raids as an immigration enforcement tool. The second Trump Administration, however, has returned to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Husch Blackwell LLP

MHPAEA July 2025 Update: What Employers and Plans Need to Know about Federal Non-Enforcement

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The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) was enacted to ensure that group health plans and health insurance issuers offering mental health and substance use disorder (MH/SUD) benefits do not impose...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

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After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

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In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more

Seyfarth Shaw LLP

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

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Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

Seyfarth Shaw LLP

Trump Budget Plan Proposes Big Cuts to OSHA, Lowering Head Count and Limiting Enforcement Capabilities

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The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA. The Fiscal Year 2026 Congressional Budget Justification is available...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated Venezuela TPS Following SCOTUS Decision

Jackson Lewis P.C. on

USCIS has issued updated guidance following the U.S. Supreme Court’s May 19, 2025, decision to grant the Justice Department’s emergency request to lift a March 31 California district court order halting DHS’s termination of...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Seyfarth Shaw LLP

2024 Year in Review - PRC Employment Law

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The year 2024 witnessed various changes in employment law in the People's Republic of China. This article summarizes the key developments from the past year and offers an outlook on the changes we have seen and further...more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

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U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 131: Missouri Legislature Passes Bill Repealing State Paid Sick Time Law

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Following a successful ballot initiative in November 2024 known as Proposition A, the Missouri Earned Paid Sick Time Law went into effect as scheduled on May 1, 2025. However, the law has come under fire on multiple fronts in...more

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

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While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

PilieroMazza PLLC

You’re Hired! Restrictions on Hiring Former Government Employees for Government Contractors

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Government contracting is an inherently competitive enterprise. As a result, contractors often seek to hire former government employees with contract experience. However, the Procurement Integrity Act (PIA) and the U.S....more

Hinckley Allen

Trump’s Latest Executive Order Addressing Discrimination Claims: What Does This Mean for Disparate Impact Liability?

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On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”).  The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts to the...more

Proskauer - California Employment Law

“Close Enough for Government Work” – California Pays Retiring Prison Dentist $1.2 Million for Unused Vacation Days!

According to the Los Angeles Times, a retiring “prison supervising dentist” became a millionaire overnight when the state paid him $1.2 million for unused vacation benefits that he had been accruing for decades. This mammoth...more

Husch Blackwell LLP

U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

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As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”),...more

Goldberg Segalla

Gov. Hochul’s Proposed Regulatory Changes to Workers’ Comp Treatment

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In her 2025 State of the State, Gov. Kathy Hochul outlined several proposals aimed at improving access to medical care within the New York State Workers’ Compensation system. These initiatives, detailed in her “Fighting for...more

Orrick, Herrington & Sutcliffe LLP

District court enjoins Trump administration from dismantling CFPB

On March 28, the U.S. District Court for the District of Columbia enjoined the Trump administration’s leadership from dismantling the CFPB. The district court opined there were expedited efforts to shut down the agency,...more

Weintraub Tobin

An Update on PAGA Reform from the Trenches – Finally, Some Relief for Employers from Meritless Claims

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Last year, we reported on the reforms to the Private Attorney General Act (PAGA) that Governor Gavin Newsom signed into law on July 1, 2024. The reform legislation was pushed through to avoid a ballot vote on a measure...more

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