News & Analysis as of

New Guidance Employer Responsibilities Employee Rights

Ogletree, Deakins, Nash, Smoak & Stewart,...

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...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

Ballard Spahr LLP on

The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Shook, Hardy & Bacon L.L.P.

New York City Gives Guidance on Prenatal Leave Protections

New York City recently amended its rules related to the Earned Safe and Sick Time Act (ESSTA). The Act is enforced by the NYC Department of Consumer and Worker Protection (DCW). The newly amended rules provide specific...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

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Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

McAfee & Taft

New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

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Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

Vedder Price

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

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On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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...more

Jackson Lewis P.C.

NYSDOL’s Model Guidance for Workplace Safety + Violence Prevention Gives Retailers a Starting Point

Jackson Lewis P.C. on

The New York State Department of Labor (NYSDOL) has launched the much anticipated guidance website on the New York Retail Worker Safety Act (RWSA). The guidance answers retail employers’ questions regarding implementation of...more

Littler

U.S. Department of Labor Expands Opinion Letter Program

Littler on

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a...more

Seyfarth Shaw LLP

New York Releases FAQs, Model Training, and Model Policy for Retail Workplace Violence Prevention Law

Seyfarth Shaw LLP on

A workplace violence prevention law passed by the New York State legislature in June 2024, signed into law by the Governor in September 2024, and amended in February 2025 is set to take effect in part on June 2, 2025. On May...more

Littler

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

Littler on

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior...more

Lerch, Early & Brewer

What Employers Need to Know About the New EEOC Guidance Regarding DEI–Related Discrimination

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On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Justice Department jointly issued two technical assistance documents focused on educating the public about DEI-related...more

King & Spalding

What is ‘Gender’ Under the Equality Act? Landmark Ruling – but Controversy Continues.

King & Spalding on

Landmark Ruling on Gender – What Should Employers do Now? In a major ruling, the UK’s Supreme Court has held that ‘sex’ under the UK Equality Act means biological (birth) sex. This is regardless of whether an individual has...more

McNees Wallace & Nurick LLC

Understanding the EEOC’s Guidance on DEI-Related Discrimination in the Workplace

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.”  The document is comprised of a...more

Bass, Berry & Sims PLC

IRS Guidance Regarding ACA Employer Information Reporting Requirements

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As announced in our previous HR Law Talk blog post, the Paperwork Burden Reduction Act (PBRA) made important changes to employers’ responsibilities to furnish information to employees under the Affordable Care Act (ACA). As...more

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

DCI Consulting on

Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

McDermott Will & Schulte

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

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On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more

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