Jackson Lewis P.C.

New York State Issues Revised Model Sexual Harassment Policy and Training Materials

New York has released an updated model sexual harassment prevention policy and updated model training materials. The revised model policy increases the emphasis on gender discrimination in the workplace, with a particular focus… more

Department of Labor (DOL), Employee Training, Gender Identity, Human Rights, New York

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Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric… more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Reminder: California Healthcare Minimum Wage Increase Effective July 1, 2025

Employers in the healthcare industry in California are subject to a separate minimum wage from other employers. Effective July 1, 2025, certain healthcare facilities will see an increase in their minimum wage rates. The… more

California, Employees, Healthcare Facilities, Healthcare Workers, Hospitals

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2024 FLSA Checklist for Employers in the Manufacturing Industry

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who… more

Department of Labor (DOL), Doffing, Donning, Fair Labor Standards Act (FLSA), Manufacturers

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

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

Citizenship, Class Certification, Constitutional Challenges, Employer Liability Issues, Employment Litigation

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Indiana’s Amended Physician Non-Compete Statute Bars Physician-Hospital Agreements Starting July 1

Following a nationwide trend for physician mobility, Indiana’s legislature has passed another amendment to the state’s 2020 Physician Non-Compete Statute (Ind. Code § 25-22.5-5.5), which limits the enforceability of non-compete… more

Employment Contract, Healthcare, Hospitals, New Legislation, Non-Compete Agreements

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A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,… more

Affirmative Action, Civil Rights Act, Compliance, Department of Education, Educational Institutions

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The Basics on Paydays and Pay Periods for Employers in California

As an employer in California, it’s necessary to understand and comply with the state’s payday laws. California law mandates that employers establish regular paydays and notify employees of these dates. A model notice is… more

California, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Contract

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Service Animal Access to Healthcare Facilities

While people may be familiar with many of the rules relating to the admission of service animals into public venues, do the same rules apply when a patient or visitor seeks to enter a hospital, medical office, or other… more

Disability, Healthcare Facilities, Hospitals, Reasonable Accommodation, Service Animals

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Senate Bill 1137: California Amends Law to Clarify Protection for Combinations of Protected Characteristics

On September 27, 2024, Governor Newsom signed Senate Bill (SB) 1137, which clarifies that the Unruh Civil Rights Act, the provisions of the Education Code prohibiting discrimination in public education, and the California Fair… more

Anti-Discrimination Policies, California, FEHA, Governor Newsom, State and Local Government

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SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications for… more

Affirmative Action, Algorithms, Artificial Intelligence, Civil Rights Act, College Admissions

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California Labor Commissioner Issues Guidance For Statewide Right Of Recall

Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions… more

Governor Newsom, Hiring & Firing, Layoffs, Right of Recall, State and Local Government

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Class Action Trends Report, Fall 2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom… more

Americans with Disabilities Act (ADA), Biometric Information, Class Action, Compensation, Coronavirus/COVID-19

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Singapore: Employers of Record Can No Longer Sponsor Employment Passes for Foreign Entities’ Workers

The Singapore Ministry of Manpower (MOM) has stated that non-Singapore entities wanting to engage an individual in Singapore who is not a Singapore national or permanent resident may no longer engage an Employer of Record (EOR)… more

Foreign Nationals, Foreign Workers, Lawful Permanent Residents, Singapore, Wage and Hour

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

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

Citizenship, Class Certification, Constitutional Challenges, Employer Liability Issues, Employment Litigation

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Illinois Labor Disputes Act Amended

Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 (P.A. 103-0040), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396… more

Employer Liability Issues, Illinois, Labor Disputes, New Amendments, Protests

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Amendment to Florida Civil Rights Act Restricts Concepts Employers Can Discuss in Training

Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination in… more

Civil Rights Act, Discrimination, Diversity, Employee Training, Governor DeSantis

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Senate Bill 1105: California Passes Expanded Use of Paid Sick Leave for Agricultural Employees

As of September 24, 2024, Governor Newsom has signed Senate Bill (SB) 1105, which expands existing paid sick leave provisions to allow agricultural employees to use paid sick leave for additional reasons. These changes take… more

Agricultural Workers, California, Fires, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave

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SCOTUS Declines To Decide Whether Objective Falsity Is Required To Establish Liability Under FCA

The question of whether the False Claims Act (FCA) requires a showing of objective falsity will continue to divide the circuit courts following the U.S. Supreme Court’s decision not to address the issue. To establish… more

Certiorari, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Liability

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Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs

Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason. The Cook County Commission on Human… more

Employee Benefits, Employment Policies, Illinois, Joint Employers, Notice Requirements

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New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for… more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs

Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize… more

Department of Education, Educational Institutions, Enforcement Actions, Executive Orders, Gender Identity

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Retail Industry Workplace Law Update – Spring 2023

The Year Ahead in Caffeinated Organizing- With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023… more

Day-Rate Pay, Distributors, Employment Discrimination, Fair Workweek, Federal Arbitration Act

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Texas Expands Sexual Harassment Protections For Employees, Exposure For Employers And Individuals

Beginning September 1, 2021, Texas employers of any size may be sued for sexual harassment in the workplace under legislative changes (SB 45) passed by the Texas legislature. SB 45 also expands liability to include individuals… more

Anti-Retaliation Provisions, Employer Liability Issues, Investigations, Sexual Harassment, State Labor Laws

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Texas SB 1318 Tightens Physician Non-Compete Rules, Extends Restrictions to Other Healthcare Practitioners

Texas Governor Greg Abbott has signed a bill that imposes more limitations on employers’ covenants not to compete with physicians and extends similar restrictions to agreements with other healthcare practitioners, including… more

Employment Contract, Governor Abbott, Health Care Providers, Healthcare, New Legislation

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Israel’s GDPR-like Legislation Set to Take Effect in 2025

In 2024, Israel became the latest jurisdiction to enact comprehensive privacy legislation, largely inspired by the EU’s General Data Protection Regulation (“GDPR”). On August 5, 2024, Israel’s parliament, the Knesset, voted to… more

Compliance, Data Breach, Data Privacy, Data Protection, Data Protection Officers (DPOs)

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Getting Ready for the Holidays and Pay

As we approach the holiday season, employers may have uncertainty about handling holiday pay and related issues with holiday closures. Under California law, hours worked on holidays, Saturdays, and Sundays are treated like… more

California, Holiday Pay, Holidays, State and Local Government, State Labor Laws

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BREAKING NEWS: OFCCP Releases New Audit Scheduling List (CSAL)

OFCCP released Friday a new list of supply and services contractors and subcontractors selected for audit (FY 2024 CSAL Supply & Service Scheduling List, Release – 1). The list identifies 500 compliance reviews among… more

Audits, Contractor Audits, CSALs, Federal Contractors, OFCCP

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Bill Would Revise New Jersey Law Against Discrimination To Limit Employment Agreements

A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq… more

Employer Liability Issues, Employment Contract, Mandatory Arbitration Clauses, Non-Discrimination Rules

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Increased Workplace Protections for Volunteer Emergency Service Providers in Montana

On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause of… more

Emergency Volunteers, Employee Rights, Hiring & Firing, New Legislation, State Labor Laws

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New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating… more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like Ohio… more

Corporate Counsel, Cybersecurity, Data Breach, Data Privacy, Data Security

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The POWER Act: Strengthening Worker Protections

On May 27, 2025, Philadelphia enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), amending Title 9 of The Philadelphia Code as it pertains to the following sections: “Promoting Healthy Families and Workplaces,”… more

Domestic Workers, Employee Benefits, Employee Rights, Employer Responsibilities, Local Ordinance

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Strings Attached: Accepting COVID-19 Financial Relief Could Limit Ability To Oppose Union Organizing

Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the pending… more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, Corporate Counsel, Federal Loans

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Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance… more

Civil Monetary Penalty, Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities, Enforcement Actions

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The Importance of Being Erroneous: Are AI Mistakes a Feature, Not a Bug?

No one intentionally sets out to make a mistake. Yet, it has long been recognized by some of our greatest innovators from Thomas Edison to Albert Einstein to Henry Ford that making mistakes (and learning from them) is the key to… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Automation Systems, Ethics

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U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion

In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of… more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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What Medical Expenses Qualify as Tax Deductible Under Section 213 Of The Internal Revenue Code?

On March 17, 2023, the Internal Revenue Service (IRS) issued new frequently asked questions (FAQs) addressing whether certain costs related to nutrition, wellness, and general health are medical expenses under Sec. 213 of the… more

FSA, HRA, Internal Revenue Code (IRC), IRS, Medical Expenses

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Massachusetts Paid Family and Medical Leave Act Doesn’t Require Employers to Allow Benefits Accrual

In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits,… more

Accrued Benefits, Employee Benefits, Employees, Paid Family Leave Law, State Labor Laws

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

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 win,… more

Damages, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Refreshing Whistleblower Processes for the Remote Workplace: Best Practices

At the onset of COVID in 2020, the Wall Street Journal reported that over a three-month period, there were a deluge of tips, complaints and possible referrals to the U.S. Securities and Exchange Commission (“SEC”). More… more

Employer Liability Issues, Policies and Procedures, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblower Protection Policies

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New York City Releases Enforcement Guidance On Race Discrimination On Basis of Hair

Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural… more

Employer Liability Issues, Employment Discrimination, NYCCHR, NYCHRL, Race Discrimination

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Nebraska’s New Sick Leave Law Explained

On June 4, 2025, Nebraska Governor Jim Pillen signed LB415, which amends the Nebraska Healthy Workplaces and Families Act (“HWFA”). Initially passed via ballot initiative in November 2024, the HWFA mandates paid sick leave for… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employer Responsibilities, Enforcement

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Tucson, Arizona Voters Pass Sweeping Wage & Hour Initiative, Including $15 Minimum Wage

By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes… more

ABC Test, Arizona, Cost-of-Living Adjustment (COLA), Department of Labor (DOL), Employee Rights

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Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive… more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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How Can Implicit Bias Training in the Real Estate Industry Achieve Enhanced Effectiveness?

In recent years, the nation has made efforts to raise awareness of implicit bias in employment and across industry groups. The real estate industry has seen states, such as California and New York, requiring real estate… more

Bias, Continuing Education, Discrimination, Real Estate Professionals, Training

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Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated… more

Construction Industry, Construction Project, Construction Workers, Contractors, Davis-Bacon Act

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Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically… more

Anti-Discrimination Policies, Department of Justice (DOJ), E-Signatures, E-Verify, Electronic Records

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Do Weekends Count? SCOTUS Decides They Don’t for Voluntary-Departure Deadline

On calculating a noncitizen’s voluntary-departure deadline, the U.S. Supreme Court held that a deadline that falls on a weekend or legal holiday automatically extends to the next business day. Monsalvo Velázquez v. Bondi, No… more

Appeals, Departure Orders, Filing Deadlines, Foreign Nationals, Immigrants

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U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions

The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such… more

Administrative Appeal Office, Administrative Authority, Appeals, Bouarfa v Mayorkas, Department of Homeland Security (DHS)

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Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed

On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024… more

Employee Rights, Minimum Wage, New Legislation, Paid Leave, Paid Sick Leave

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Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must… more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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First Things First – Initial Steps for Employers Expanding into the Golden State

With a state as large and diverse as California, it appeals to businesses. However, the state’s unique employment law requirements can pose challenges to employers new to the state. The following are some action items employers… more

California, EDD, EIN, Employee Benefits, Hiring & Firing

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Changing Healthcare Wage Trends: How to Stay Competitive in a Dynamic Market

With 2023 underway, healthcare organizations continue to prioritize employee retention and recruitment in the face of economic trends impacting the healthcare industry, such as significant staff shortages, employee turnover, a… more

Employee Retention, Healthcare Facilities, Healthcare Workers, Labor Shortage, Minimum Wage

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Fifth Circuit Remands ESG Rule in First ERISA Test Case Post-Chevron

In its recent decision in State of Utah v. Su, the Fifth Circuit remanded a challenge to the Department of Labor’s (DOL) environmental, social, and governance (ESG) rule for investing in defined contribution retirement plans… more

Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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NY’s Non-Compete Bill: What Employers Can Expect From a Newly Proposed Ban

A bill introduced in the New York State Senate on Feb. 10, 2025, would prohibit nearly all non-compete agreements arising in employment. Consistent with a national trend, non-competes for healthcare professionals would be… more

Corporate Governance, Employment Contract, Employment Litigation, Employment Policies, Legislative Agendas

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The POWER Act: Strengthening Worker Protections

On May 27, 2025, Philadelphia enacted the Protect Our Workers, Enforce Rights Act (“POWER Act”), amending Title 9 of The Philadelphia Code as it pertains to the following sections: “Promoting Healthy Families and Workplaces,”… more

Domestic Workers, Employee Benefits, Employee Rights, Employer Responsibilities, Local Ordinance

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Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs

Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize… more

Department of Education, Educational Institutions, Enforcement Actions, Executive Orders, Gender Identity

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GC Memo Summarizes NLRB Decisions About Duty To Bargain in Emergency Situations

Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. The… more

Collective Bargaining, Coronavirus/COVID-19, NLRB, NLRB General Counsel

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Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court… more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of… more

Department of Labor (DOL), Employee Representatives, Fourteenth Amendment, OSHA, Proposed Rules

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How Construction Employers Can Avoid Common Wage & Hour Claims

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,… more

Construction Industry, Davis-Bacon Act, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

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SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student Failure-to-Accommodate Claims

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of… more

Administrative Law Judge (ALJ), AJT v Osseo Area Schools Independent School District No 279, Americans with Disabilities Act (ADA), Bad Faith, Disability Discrimination

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FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way for… more

Banks, Breach of Trust, Criminal Convictions, Depository Institutions, FDIC

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A Reminder of Minimum Wage Increases Coming in the New Year

California’s drive toward a 15-dollar minimum wage for all employers continues. Effective January 1, 2022, the minimum wage for employers with 25 employees or less will increase to $14.00 per hour, and for employers with 26 or… more

California, Minimum Wage, State and Local Government, State Labor Laws, Wage and Hour

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Criminal Background Checks in Manufacturing Industry: Managing Employers’ Legal Obligations

Smart hiring often includes a post-offer criminal background check on the job candidate to help employers make informed decisions. This practice can reveal potential employment risks like theft, workplace violence, or workplace… more

Background Checks, Civil Rights Act, Criminal Background Checks, Equal Employment Opportunity Commission (EEOC), Manufacturers

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Chicago Adopts New Sexual Harassment Prevention Obligations for Employers

The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment… more

Bystander, City of Chicago, Employee Training, Sexual Harassment, Wage and Hour

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Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and 21,… more

Affirmative Action, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Changes Coming to U.S. Citizenship Test

Green card holders who seek naturalization are required to pass a civics test and demonstrate English proficiency. The test used for this was developed in 2008, and the Biden Administration has announced it is updating the test… more

Citizenship, Green Cards, Immigration Procedures, Joe Biden, Naturalization

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DHS Announces End of TPS Designations for Nicaragua and Honduras

On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025. The 60-day transition period will start… more

Corporate Counsel, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals, Honduras

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U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a jury… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Government Agencies

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Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance… more

Civil Monetary Penalty, Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities, Enforcement Actions

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USCIS: Only ‘01/20/2025’ Edition of Updated Forms Acceptable After Grace Period

USCIS issued a grace period on March 8, 2025, for the dozen updated immigration forms it released in February and March 2025 and made effective immediately. These forms include the N-400 for naturalization, I-485 for adjustment… more

Compliance, Department of Homeland Security (DHS), Immigration Procedures, Naturalization, Regulatory Requirements

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Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit split,… more

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

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Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave

Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the… more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Healthcare Workers, Local Ordinance, Paid Sick Leave

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Customs and Border Protection Offers Tips to Avoid Summer Travel Delays

To avoid delays, U.S. Customs and Border Protection (CBP) wants to remind everyone who will be traveling this summer about its technologies, including lots of mobile apps, that will help streamline the reentry process for… more

Customs and Border Protection, International Travel, Mobile Apps, Travel Delays, Travelers

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The Guidance Has Arrived! More Information from the IRS on ACA Forms 1095-B and 1095-C

Takeaways- Employers may post a notice on their website instead of automatically furnishing Forms 1095-B and 1095-C to all full-time employees. The first due date for such a notice is March 3 for 2024 forms, and the notice… more

Affordable Care Act, Compliance, Employee Benefits, Employer Responsibilities, Filing Deadlines

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Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. The… more

Attorney General, Biden Administration, Department of Education, Domestic Policy, Executive Orders

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Massachusetts to End COVID-19 Emergency Paid Sick Leave

The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced. On February 28, 2022, the Executive Office for Administration and Finance sent official notice to employers… more

Coronavirus/COVID-19, Paid Leave, Reimbursements, Sick Leave, State Labor Laws

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Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices

With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the… more

Cloud Storage, Data Collection, Data Protection, Data Security, Former Employee

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Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed

On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024… more

Employee Rights, Minimum Wage, New Legislation, Paid Leave, Paid Sick Leave

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Returning To Work After Testing Positive For COVID-19

With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested… more

CDPH, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, DFEH, Equal Employment Opportunity Commission (EEOC)

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How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for… more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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Ensuring Employee Selection Procedures Comply with California Law

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination both in the selection of employees and during employment based on certain protected characteristics. Federal law provides similar protections under… more

Anti-Discrimination Policies, California, Employee Rights, Employment Discrimination, Employment Policies

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Retailers Must Ensure Compliance With Federal, State Child Labor Regulations

The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and… more

Child Labor, Department of Health and Human Services (HHS), Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minors

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Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

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

Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation

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You Don’t Have To Go Home, But You Can’t Stay Here

It’s 2024, which means a new batch of provisions from SECURE Act 2.0 have gone into effect. One of the more significant ones is an increase in the “cashout” limit that a qualified plan can impose to kick former employees with… more

401k, Accrued Benefits, American Taxpayer Relief Act, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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EEOC Is Permanently Enjoined From Enforcing Portions of PWFA Final Regulations and EEOC’s Title VII Guidance On Harassment in the Workplace Against Catholic Employer Organization

On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck Diocese… more

Constitutional Challenges, Employee Rights, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are… more

Discrimination, LGBTQ, Non-Discrimination Rules, Race Discrimination, Wage and Hour

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Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees… more

Compliance, Department of Labor (DOL), Employee Rights, Employees, Employer Liability Issues

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U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard

On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning precedent… more

Ames v Ohio Department of Youth Services, Civil Rights Act, Disparate Treatment, Employment Discrimination, Employment Litigation

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Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric… more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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On the Horizon: New Standards for Collecting and Presenting Race and Ethnicity Data

As organizations are preparing and filing the 2023 EEO-1 Data Collection reports, (deadline is June 4th) there’s a change on the horizon for future reporting. For the first time in over twenty-five years, in March, 2024 the… more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Ethnicity, Federal Contractors

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OFCCP Invites Voluntary Disclosures from Federal Contractors Regarding Executive Order 14173

In a letter dated June 27, 2025, sent to federal contractors and posted on its website, the Office of Federal Contract Compliance Programs (OFCCP) announced it is providing federal contractors the option to voluntarily submit… more

Affirmative Action, Anti-Discrimination Policies, Biden Administration, Department of Labor (DOL), Disclosure Requirements

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 The ADA and Visual Disabilities in the Workplace

The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities… more

Americans with Disabilities Act (ADA), Disability, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Reasonable Accommodation

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Iowa Requires Equal Treatment for Adoptive Parents by Employers

On May 19, 2025, Iowa Governor Kim Reynolds signed House File 248, which requires employers to treat adoptive parents the same as biological parents under certain circumstances. Specifically, if an employee adopts a child up to… more

Adopted Children, Adoption, Disability Leave, Employee Benefits, Employee Rights

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Georgia Enacts Emergency COVID-19 Rule Requiring Employers To File Claims For Partial Unemployment

The Georgia Department of Labor has passed an emergency rule requiring employers to file claims for partial unemployment benefits online on behalf of employees who have been temporarily laid off or have had their hours reduced… more

Coronavirus/COVID-19, Furloughs, Layoffs, Unemployment Benefits

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Where Does the End of Chevron Deference Leave ERISA?

For the last 40 years, judges were required to defer to administrative agencies’ reasonable interpretations of ambiguous federal statutes under Chevron v. Natural Resources Defense Council. The Supreme Court upended that… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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COVID-19 Reopening Guidance For The Fitness Industry

As COVID-19 vaccines become more available, companies in the fitness industry, including gyms, health clubs, and fitness boutiques, continue to navigate their reopening plans. This article addresses questions companies in the… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Documentation, Emergency Use Authorization (EUA), Equal Employment Opportunity Commission (EEOC)

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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,… more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,… more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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The Status of Independent Contractors in California in 2023

Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in… more

CA Supreme Court, California, Independent Contractors, State Labor Laws, Wage and Hour

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Why Employers’ Non-Competes Could Still Be at Risk Despite FTC Rule Being ‘Set Aside’

The U.S. District Court for the Northern District of Texas in Ryan LLC v. FTC granted summary judgment “setting aside” the Federal Trade Commission’s (FTC’s) Final Rule banning non-compete clauses between employers and workers… more

Administrative Complaints, Administrative Law Judge (ALJ), Anti-Competitive, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period, will… more

Department of Labor (DOL), Freelance Workers, Hospitality Industry, New York, Restaurant Industry

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Progress of TSA’s Gender-Neutral Screening

In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed,… more

Department of Homeland Security (DHS), Gender Neutral, Screening Procedures, Transportation Industry, Travelers

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Staying I-9 and E-Verify Compliant: Updates for Employers

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify. Employers can use the new 01/20/2025 edition date (expiring 5/31/2027) Form I-9, but the following previous versions continue to… more

E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures, USCIS

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Arizona Expands Employment Discrimination Laws To Prohibit Pregnancy Discrimination

Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth. Amending the Arizona Civil Rights Act, the bill (House Bill 2045) defines… more

Arizona, Civil Rights Act, Employment Discrimination, Pregnancy Discrimination

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Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards

On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University, No… more

401k, Appeals, Cunningham v Cornell University, Employee Benefits, ERISA Litigation

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Rhode Island to Increase Length of Temporary Caregiver Insurance Benefits

The governor of Rhode Island has signed into law amendments to the Temporary Caregiver Insurance (TCI) law that will increase the amount of leave benefits available to employees beginning Jan. 1, 2025. Currently, eligible… more

Caregivers, Employee Benefits, Paid Leave, Rhode Island, Wage and Hour

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New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is the… more

College Athletes, Colleges, Compensation, Disability Insurance, Endorsements

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Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive… more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA)… more

Age Discrimination, Class Action, Collective Actions, Conditional Certification, Employment Discrimination

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City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance

On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as… more

City of Los Angeles, Fair Workweek, Local Ordinance, Posting Requirements, Retailers

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Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards

On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University, No… more

401k, Appeals, Cunningham v Cornell University, Employee Benefits, ERISA Litigation

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Private Sector Union Membership Rate Declines in 2022

The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private… more

Bureau of Labor Statistics, NLRB, Union Organizers, Unions

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OFCCP Invites Voluntary Disclosures from Federal Contractors Regarding Executive Order 14173

In a letter dated June 27, 2025, sent to federal contractors and posted on its website, the Office of Federal Contract Compliance Programs (OFCCP) announced it is providing federal contractors the option to voluntarily submit… more

Affirmative Action, Anti-Discrimination Policies, Biden Administration, Department of Labor (DOL), Disclosure Requirements

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Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class… more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Excessive Fees, Federal Rules of Civil Procedure

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State Department Resumes Student, Exchange Visitor Visa Processing with Focus on Online Presence

The U.S. Department of State has announced resumption of student and exchange visitor visa processing, along with expanded digital vetting procedures. The June 18, 2025, press release, “Announcement of Expanded Screening and… more

Cybersecurity, Foreign Exchange Students, Foreign Nationals, Immigration Enforcement, Immigration Procedures

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Evonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process

A New Jersey federal district court recently granted summary judgment in defendants’ favor in an ERISA excessive fee case accusing Evonik’s 401(k) plan fiduciaries of keeping imprudent investments in the plan and of allowing… more

401k, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Management

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Balancing Public Employees’ Religious Rights With The Establishment Clause

When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.” In Kennedy v. Bremerton School District, 991… more

Compelling Governmental Interest, Establishment Clause, Free Speech, Prayer, Public Employees

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Employer Obligations To Notify Employees Of Wage Reductions

As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others… more

Coronavirus/COVID-19, Department of Labor (DOL), Relief Measures, Trump Administration, Wage and Hour

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

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) to… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and policies,… more

Anti-Discrimination Policies, Employee Training, Employer Liability Issues, Employment Policies, Hostile Environment

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“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department… more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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Preliminary Injunction of Recent DoD + GSA Memo Means Federal Contractors Must Continue to Comply with Biden-Era Project Labor Agreement EO + FAR

A D.C. federal judge granted the North America’s Building Trades Union and Construction Trades Council’s request to enjoin the recent memoranda exempting certain construction projects from Executive Order (EO) 14063. North… more

Biden Administration, Construction Industry, Construction Project, Department of Defense (DOD), Enforcement Actions

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Are You Ready for District of Columbia’s Transportation Benefits Equity Law (Parking Cash Out Law)?

Beginning as early as January 15, 2023, certain employers will need to ensure they are complying with the District of Columbia’s Transportation Benefits Equity Amendment Act of 2020, also known as the “Parking Cash Out Law.”… more

Commuting, Department of Transportation (DOT), Employee Benefits, Green Transportation, Transportation Industry

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Reminder: Los Angeles County Fair Workweek Ordinance Takes Effect in July

Retail employers should note that the Los Angeles County Fair Workweek Ordinance will go into effect on July 1, 2025. This ordinance applies to employers in unincorporated areas of Los Angeles County. Businesses can check on… more

California, Employee Rights, Employer Responsibilities, Fair Workweek, Labor Regulations

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New California Law Creates Narrow Rest Break Exemption At Petroleum Facilities

On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the… more

Collective Bargaining Agreements (CBA), Exempt-Employees, Governor Brown, New Legislation, Petroleum

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Oregon Employment Law: Key Legislative Changes for 2025

Oregon employers should note several significant legislative enactments that either recently took effect or will become effective later in 2025. These changes in the law span a range of employment law areas, including workplace… more

Anti-Discrimination Policies, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific… more

Fair Labor Standards Act (FLSA), Over-Time, Premium Pay, Puerto Rico, Secretary of Labor

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Reminder to Treat Your Valentine and Provide Notice to Employees of Non-Competes by February 14, 2024

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 which added the new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions… more

California, Employment Contract, Non-Compete Agreements, Notice Requirements, State Labor Laws

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10 Key Takeaways for Employers on New Illinois Pay Transparency in Job Posting Law

The long-awaited frequently asked questions (FAQs) from the Illinois Department of Labor (IDOL) governing the state’s new pay transparency in job posting requirements were published on Nov. 22, 2024. The FAQs further clarify the… more

Compensation & Benefits, Corporate Counsel, Disclosure Requirements, Equal Pay Act, Fines

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Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the scope… more

Anti-Discrimination Policies, Appeals, Employee Rights, Employment Discrimination, Employment Litigation

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Construction Industry Workplace Law Update – Summer 2022

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law… more

Anti-Discrimination Policies, Construction Industry, Davis-Bacon Act, Dispute Resolution, Heat Exposure

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New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of the… more

Back Pay, Compensation, Governor Murphy, Layoffs, New Amendments

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NYC’s Enhanced ESSTA Rules for Prenatal Leave Create Policy, Posting + Paystub Requirements for Employers

Consistent with the expanding attention afforded to prenatal health and workplace protections nationally, New York State implemented a new paid prenatal leave requirement as an amendment to the state sick leave law, which went… more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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DOJ New Data Transfer Rule Impacts Hiring Practices, Business Operations, and Vendor Management: Time to Review Your Privacy + Cybersecurity Program

U.S. organizations should carefully review and ensure their privacy and cybersecurity practices comply with a wide-ranging new federal rule establishing data transfer restrictions regarding sensitive U.S. personal data. The… more

China, Data Privacy, Data Security, Department of Justice (DOJ), Enforcement

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New Era for Workplace Violence Reporting in Virginia: Healthcare Employers Must Act Now

Beginning July 1, 2025, healthcare employers in Virginia will be required to create workplace violence prevention plans or reporting systems. Employers must document, track, and analyze incidents of workplace violence and… more

Employee Rights, Employer Responsibilities, Health Care Providers, Healthcare, Hospitals

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DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

Continuing its early pattern of reversing positions adopted during the former administration, on February 19, 2021 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) withdrew two more Opinion Letters. The… more

Department of Labor (DOL), Duty Free, Fair Labor Standards Act (FLSA), Independent Contractors, Opinion Letter

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2025 Changes to Washington’s Paid Family and Medical Leave Program

Washington has amended its Paid Family and Medical Leave (PFML) program by making several key changes. In a significant departure from the former landscape, the amendments extend job restoration rights to employees of smaller… more

Amended Legislation, Employee Benefits, Employee Rights, Employer Responsibilities, Grants

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Oregon Employment Law: Key Legislative Changes for 2025

Oregon employers should note several significant legislative enactments that either recently took effect or will become effective later in 2025. These changes in the law span a range of employment law areas, including workplace… more

Anti-Discrimination Policies, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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Illinois’ Cook County Amends Paid Leave Rules: It’s Time for Employer Policy Review

Employers in Cook County, Illinois face additional requirements now that amendments to the Final Interpretive and Procedural Rules governing the Cook County Paid Leave Ordinance were approved by the Cook County Board of… more

Employment Policies, Family and Medical Leave Act (FMLA), Human Rights, Illinois, Paid Leave

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Maine Paid Family and Medical Leave Program Update: Labor Department Releases Finalized Rules

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023… more

Employer Contributions, Family and Medical Leave Act (FMLA), Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

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Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse… more

Due Process, Immigrants, Immigration and Nationality Act, Non-Citizens, SCOTUS

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Last-Minute Changes to Michigan’s Earned Sick Time Law: What Employers Need to Know

After the Michigan Supreme Court’s opinion in Mothering Justice v. Attorney General and State of Michigan, No. 165325 (July 31, 2024), Michigan’s Earned Sick Time Act (ESTA), which expanded employee paid sick time rights, was… more

Amended Legislation, Compliance, Earned Sick Time, Employee Benefits, Employer Liability Issues

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New Jersey Temporary Workers’ Bill of Rights and Manufacturing Employers Using Temporary Laborers

New Jersey’s Temporary Workers’ Bill of Rights law went into effect on Aug. 5, 2023, and vastly changed the landscape for manufacturing employers who use temporary laborers. The law provides temporary laborers significant… more

Compensation & Benefits, Manufacturers, New Jersey, State Labor Departments, State Labor Laws

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Withdrawal Liability Collection Scope Expanded

Takeaway Related Links Article The Third Circuit’s recent ruling enhanced a pension fund’s ability to pursue withdrawal liability collection against affiliated employers. The decision underscores the evolving nature of ERISA,… more

Appeals, Arbitration, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed

On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024… more

Employee Rights, Minimum Wage, New Legislation, Paid Leave, Paid Sick Leave

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Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a collective… more

Appeals, Appellate Courts, Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action

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First Things First – Initial Steps for Employers Expanding into the Golden State

With a state as large and diverse as California, it appeals to businesses. However, the state’s unique employment law requirements can pose challenges to employers new to the state. The following are some action items employers… more

California, EDD, EIN, Employee Benefits, Hiring & Firing

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Senate Bill 1340: Governor Signs Bills Mandating Greater Administrative Collaboration on the Enforcement of Workplace Discrimination Laws

Governor Newsom has signed Senate Bill (SB) 1340, which mandates the Civil Rights Department to collaborate with local agencies to prevent and eliminate unlawful practices. Local agencies may now play a more active role in… more

Anti-Discrimination Policies, California, Discrimination, Enforcement, State and Local Government

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North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to… more

Anti-Retaliation Provisions, Duties, Employment Discrimination, North Carolina, Wage and Hour

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Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court… more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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Texas SB 1318 Tightens Physician Non-Compete Rules, Extends Restrictions to Other Healthcare Practitioners

Texas Governor Greg Abbott has signed a bill that imposes more limitations on employers’ covenants not to compete with physicians and extends similar restrictions to agreements with other healthcare practitioners, including… more

Employment Contract, Governor Abbott, Health Care Providers, Healthcare, New Legislation

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COVID-19 Leave Arrives In Pittsburgh, Pennsylvania

On December 9, 2020, Pittsburgh Mayor Peduto signed a new ordinance granting COVID-19 Sick Time to certain employees working within the City. Interaction with Pittsburgh Paid Sick Days Act- This ordinance supplements the… more

Coronavirus/COVID-19, Health Care Providers, Paid Leave, Pennsylvania, Public Health Emergency

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Health Plan Hygiene Part 3 – Best Practices for TPA Evaluation, Selection, and Contracting

A health plan’s fiduciaries are responsible for administering the health plan. Because most employers are not in the business of administering health benefits, they outsource the day-to-day health plan administration to a… more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary Duty, Health and Welfare Plans

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Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has held… more

Appellate Courts, Connecticut, Private Right of Action, Recordkeeping Requirements, Restaurant Industry

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Can Cross-Generational Viral Internet Phrases In The Workplace Create Unlawful Age Discrimination?

“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they… more

Age Discrimination, Baby Boomers, Harassment, Millennials

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New California Law Hikes Worker Pay in Fast Casual Restaurants

Effective April 1, 2024, a new California law will require employers in the state’s fast casual restaurant industry to pay covered non-exempt employees a minimum wage of $20 an hour. This article summarizes the steps employers… more

Anti-Discrimination Policies, California, Covered Employer, Fast-Food Industry, Minimum Wage

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SECURE 2.0 Series Part 4: Good News for Sponsors of Pension Plans

The SECURE 2.0 Act of 2022 (SECURE 2.0) provides welcome relief to private sector single employer sponsors of defined benefit pension plans (Pension Plan(s)). Effective for plan years beginning on and after January 1, 2024,… more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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NCAA Considers Major Policy Shift on Gambling Restrictions

The NCAA Division I Council has proposed a rule change to permit student-athletes and institutional staff to place bets on professional sports. If adopted, this change would mark a significant shift from the NCAA’s long-standing… more

College Athletes, Compliance, Enforcement Actions, Gambling, Insider Information

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“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department… more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and… more

Burden of Proof, Denial of Certiorari, Race Discrimination, Retaliation, SCOTUS

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Assembly Bill 1815: Amendments to The CROWN Act Signed by Governor Newsom

On September 26, 2024, Governor Newsom signed Assembly Bill (AB) 1815, which amends the definition of “race” in the anti-discrimination provisions of the California Government Code, and Education Code, as well as the definitions… more

California, Governor Newsom, Hairstyle Discrimination, State and Local Government, Unruh Civil Rights Act

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Post It Up – California’s Employer Posting Requirements

There are several posting requirements in California for employers and it is important to ensure the appropriate posters are displayed in an area frequented by employees where they may be easily read during the workday… more

California, Posting Requirements, State Labor Laws, Wage and Hour

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Puerto Rico Issues FAQs On Unemployment Benefits During COVID-19 Crisis

The Puerto Rico Department of Labor and Human Resources (PR DOL) has issued FAQs regarding unemployment benefits during the COVID-19 pandemic. The FAQs were issued only in Spanish. Eligibility- Employees who may be eligible… more

Coronavirus/COVID-19, Layoff Notices, Layoffs, Unemployment, Unemployment Benefits

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Reviving Reporting: OFCCP Reinstates Monthly Employment Data Reporting for Construction Companies

The Office of Federal Contract Compliance Programs (OFCCP) announced on Nov. 25, 2024, that it is reinstating a monthly employment data reporting requirement for construction contractors beginning April 15, 2025… more

Construction Industry, Construction Workers, Data Collection, Data Reporting, Employment Discrimination

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Cal/OSHA’s Latest on Lead Exposure: Clarification for the Construction Industry

On May 5, 2025, the California Department of Industrial Relations made an important announcement that affects employers in the construction industry. Cal/OSHA has clarified lead exposure prevention guidance specific to… more

Cal-OSHA, California, Construction Industry, Employer Responsibilities, New Guidance

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Beyond Mere Legal Compliance

As claims stemming from widespread workforce reductions or failure to comply with the myriad of COVID-19-related leave laws begin to gain full steam, it is clear that an employer’s treatment of its employees — beyond termination… more

Americans with Disabilities Act (ADA), Compliance, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Furloughs

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DOJ Withdraws 11 Pieces of Americans With Disabilities Act Title III Guidance: What Covered Businesses Need to Know

The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act (Title III). The DOJ Guidance sets forth how the agency interprets… more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Executive Orders, Government Agencies

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Recent Decision on Nondiscretionary Performance Bonuses in Pay Calculations Has Wide-Ranging Implications for Illinois Employers

In Illinois, nondiscretionary “performance bonuses,” such as bonuses paid in recognition of employees satisfying certain performance and safety metrics and seniority goals, must be factored into employees’ regular rate of pay… more

Bonuses, Employee Rights, Employer Liability Issues, Employment Litigation, Illinois

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Get Ready For Maryland’s New Employment Laws Going Into Effect October 1

New Maryland laws governing the workplace will take effect on October 1, 2019. These laws: •Amend the state’s Fair Employment Practices Act (FEPA) with respect to harassment claims and with respect to the definition of… more

Anti-Discrimination Policies, Board of Directors, Diversity, Employment Discrimination, Equal Pay

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President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI… more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period, will… more

Department of Labor (DOL), Freelance Workers, Hospitality Industry, New York, Restaurant Industry

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Illinois Amends Gender Violence Act, Extends Application to Employers in Certain Circumstances

An amendment to the Illinois Gender Violence Act (740 ILCS 82 et seq.), codified as Public Act No. 103-0282, was signed by Governor J.B. Pritzker on July 28, 2023, and goes into effect January 1, 2024. The amendment clarifies… more

Amended Legislation, Employer Liability Issues, Gender-Based Violence, Human Rights, Illinois

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Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule

On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from enforcing… more

Appellate Courts, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Healthcare Workers, Preliminary Injunctions

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What OSHA’s Proposed Changes To Hazard Communication Standard Mean For Construction Employers

The Occupational Safety and Health Administration’s (OSHA) proposed amendments to the Hazard Communication Standard (HCS), in 29 CFR 1910.1200, to conform to the United Nations’ Globally Harmonized System of Classification and… more

Cal-OSHA, Chemicals, Construction Industry, Employee Training, Hazardous Communication Standard

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2025 Cost of Living Adjustments for Retirement Plans

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2025 (see IRS Notice 2024-80)… more

401k, 403(b) Plans, Compensation & Benefits, Cost-of-Living Adjustment (COLA), Employee Benefits

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Privacy in the Big Sky State: Montana’s Consumer Privacy Law Gets Amended

Montana recently amended its privacy law through Senate Bill 297, effective October 1, 2025, strengthening consumer protections and requiring businesses to revisit their privacy policies that apply to citizens of Montana… more

Biometric Information, Consumer Privacy Rights, Data Collection, Data Controller, Data Processors

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Highlights From The OFCCP And NILG Compensation Roundtable

On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C… more

Compensation & Benefits, Federal Contractors, OFCCP, Wage and Hour

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Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana rejected… more

Civil Rights Act, Corporate Counsel, Employer Liability Issues, Groff v DeJoy, Public Schools

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AI Moratorium Removed from Federal Budget Bill

The U.S. Senate voted early Tuesday to remove a proposed moratorium from the federal budget bill. This outcome marks a pivotal moment in the ongoing debate over artificial intelligence regulation in the United States… more

Artificial Intelligence, Automation Systems, Consumer Protection Laws, Deep Fake, Federal Budget

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[Webinar] How to Respond [Effectively] to Union Organizing in the Chemical Industry- June 26th, 2:00pm ET

As the Trump Labor Board shifts the focus to more employer-friendly initiatives and priorities, organized labor seeks to reinvigorate its efforts to protect its market share. With an uptick in union petition filings and a… more

Anti-Union Actions, Chemicals, Continuing Education, Continuing Legal Education, NLRB

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Georgia High Court: Implicit Geographic Scope Sufficient for Valid Employee Non-Solicitation Covenant

The Georgia Supreme Court has held that employee non-solicitation provisions need not contain an express geographic restriction to be enforceable. North American Senior Benefits v. Wimmer, No. S23G1146 (Sept. 4, 2024). It also… more

GA Supreme Court, Geographically Descriptive, Non-Solicitation Agreements, Restrictive Covenants, Wage and Hour

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How Will Federal Bills Eliminating Tax on Tips and Overtime Impact Employers?

Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the “One Big Beautiful Bill Act” (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,… more

Budget Reconciliation, Compensation, Compensation & Benefits, Department of Labor (DOL), Employees

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Election 2024 State Ballot Initiative Outcomes: What’s Ahead for Employers

Voters in several states made decisions on key employment mandates on election day. These results will have significant implications for employers, particularly in terms of compliance and day-to-day operational issues. Below we… more

Ballot Measures, Decriminalization of Marijuana, Minimum Wage, New Legislation, Paid Leave

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Iowa Supreme Court: City’s “Ban The Box” Ordinance Is Preempted By State Law, But Not Entirely

The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,… more

Ban the Box, Criminal Records, Hiring & Firing, IA Supreme Court, Job Applicants

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Minneapolis Anti-Discrimination Law Revised: Expands Protections to Body Size, Criminal History in Employment Decisions

Takeaways- • The amended Civil Rights Ordinance newly bars employers from discrimination based on “justice-impacted status,” housing status, and height and weight and applies beginning 08.01.25. • The new law also requires… more

Anti-Discrimination Policies, Appeals, Employee Rights, Employer Responsibilities, Employment Discrimination

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Wisconsin’s Safer At Home Order Prohibits Non-Essential Business, Travel

In response to the Coronavirus (COVID-19) pandemic, and a significant increase in confirmed COVID-19 cases in Wisconsin, Governor Tony Evers has issued Emergency Order # 12 to limit Wisconsinites’ activities. This is in addition… more

Business Closures, Coronavirus/COVID-19, Governor Evers, Operators of Essential Services, Shelter-In-Place

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New York State Department of Labor Issues Updated Materials on Workplace Lactation Rights

The New York State Department of Labor has issued revised materials, including an updated mandatory model policy, ahead of the June 19, 2024, effective date for the transition of workplace lactation breaks from unpaid to paid in… more

Amended Legislation, Lactation Accommodation, New York, Rest and Meal Break, State Labor Departments

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H-1B Lottery Registrations Decline to Four-Year Low

For the second consecutive year, there has been a decline in H-1B lottery registrations according to data published by U.S. Citizenship and Immigration Services (USCIS): • Employers submitted approximately 344,000… more

Foreign Workers, H-1B, Immigration Procedures, USCIS, Visas

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USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it… more

Foreign Workers, Fraud, H-1B, Lottery, USCIS

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California Overhauls Private Attorneys General Act

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the… more

California, Employment Litigation, Good Faith, Governor Newsom, Labor & Workforce Development Agency (LWDA)

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[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00 pm - 2:00 pm EST

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and… more

Accessibility Rules, Affordable Care Act, Americans with Disabilities Act (ADA), Best Practices, Continuing Legal Education

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Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the H-2A… more

Agricultural Workers, Compliance, Department of Homeland Security (DHS), Final Rules, Foreign Workers

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Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)… more

Appeals, At-Will Employment, Employee Benefits, Employee Rights, Employer Responsibilities

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AI Moratorium Removed from Federal Budget Bill

The U.S. Senate voted early Tuesday to remove a proposed moratorium from the federal budget bill. This outcome marks a pivotal moment in the ongoing debate over artificial intelligence regulation in the United States… more

Artificial Intelligence, Automation Systems, Consumer Protection Laws, Deep Fake, Federal Budget

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Waiver Of USERRA Rights In General Release Agreements Must Be Specific, Tennessee Court Emphasizes

Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary… more

Employer Liability Issues, Military Leave, Military Service Members, USERRA, Wage and Hour

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Minnesota’s Paid Leave Law Is Final: Here’s How Employers Can Prepare Now

The Minnesota Paid Family and Medical Leave Law (Paid Leave) survived the latest legislative session with minimal change and is on track to go live on Jan. 1, 2026. The Minnesota Department of Employment and Economic Development… more

Employee Benefits, Employer Contributions, Employer Responsibilities, Employment Policies, Filing Deadlines

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Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must… more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Maine Paid Family and Medical Leave Program Update: Labor Department Releases Finalized Rules

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023… more

Employer Contributions, Family and Medical Leave Act (FMLA), Paid Family Leave Law, Paid Leave, Paid Time Off (PTO)

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New Law Exempts Certain Airline Cabin Crew from California Meal and Rest Period Requirements

Existing law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41,… more

Airlines, Collective Bargaining Agreements (CBA), Governor Newsom, Railway Labor Act, Rest and Meal Break

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Missouri’s Paid Sick Leave Law: What Employers Need to Know

Missouri voters approved Proposition A, enacting a new state-wide paid sick leave law beginning on May 1, 2025, barring any legal challenges or issues with certification of the official results by Dec. 10, 2024… more

Accrued Benefits, Documentation, Notice Requirements, Paid Leave, Paid Sick Leave

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What Are the Immigration Impacts in Budget Reconciliation Bill H.R. 1?

The House of Representatives passed budget reconciliation bill H.R. 1, entitled “One Big Beautiful Bill Act,” that includes significant changes to the immigration fee structure. As the Senate prepares its version of the… more

Artificial Intelligence, Biometric Information, Budget Reconciliation, Customs and Border Protection, Department of Homeland Security (DHS)

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Cook County, Illinois, Replaces Earned Sick Leave Ordinance With Paid Leave Ordinance

For Illinois employers, the new year brings a variety of new paid leave laws, the most recent being the Cook County Paid Leave Ordinance passed by the Cook County Board of Commissioners on Dec. 14, 2023. The Cook County Paid… more

Accrued Benefits, Illinois, Local Ordinance, Notice Requirements, Paid Leave

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Massachusetts Pay Transparency Law: What Employers Need to Know Before February

Last July, Massachusetts joined a growing number of states mandating that employers provide pay transparency to employees. The Massachusetts pay transparency law also includes a wage data reporting component that requires… more

Compensation & Benefits, Compliance, Data Collection, Disclosure Requirements, EEO-1

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SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student Failure-to-Accommodate Claims

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of… more

Administrative Law Judge (ALJ), AJT v Osseo Area Schools Independent School District No 279, Americans with Disabilities Act (ADA), Bad Faith, Disability Discrimination

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To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement for… more

Attorney-Client Privilege, Depositions, Discovery, Federal Rules of Civil Procedure, Internal Investigations

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Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)… more

Appeals, At-Will Employment, Employee Benefits, Employee Rights, Employer Responsibilities

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‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,… more

Artificial Intelligence, Executive Orders, First Amendment, Immigration Enforcement, National Security

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OSHA Continues to Cite Construction General Contractors for Subcontractor Violations

The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety… more

Audits, Construction Industry, General Contractors, Multi-Employer Worksites, OSH Act

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Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics… more

Department of Education, Federal Register, OCR, Public Comment, Sports

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Too Hot to Handle: Don’t Get Burned by Cal/OSHA’s Heat Rules

As summer temperatures rise across California, it’s a good time for employers to review their responsibilities under Cal/OSHA’s heat illness prevention standards. These rules apply to both outdoor and indoor workplaces and are… more

Cal-OSHA, California, Employee Rights, Employee Training, Employer Responsibilities

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Changes to Paid Sick Leave and Supplemental Public Health Emergency Leave for Colorado Employees

Starting on August 7, 2023, Colorado employees will be able to use paid sick leave for additional reasons under the Healthy Families and Workplaces Act (HFWA). Governor Jared Polis signed Senate Bill 23-017 into law on June 2,… more

Colorado, Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, State Labor Departments

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Illinois Paid Leave for All Workers Act is Ready for Governor’s Signature

Governor J.B. Pritzker has indicated he intends to sign the Illinois Paid Leave for All Workers Act that passed both houses of the legislature on January 10, 2023. The Act will entitle covered employees to earn and use up to 40… more

Governor Pritzker, Illinois, New Legislation, Paid Leave, State Labor Laws

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Illinois’ Cook County Amends Paid Leave Rules: It’s Time for Employer Policy Review

Employers in Cook County, Illinois face additional requirements now that amendments to the Final Interpretive and Procedural Rules governing the Cook County Paid Leave Ordinance were approved by the Cook County Board of… more

Employment Policies, Family and Medical Leave Act (FMLA), Human Rights, Illinois, Paid Leave

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District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the… more

Browsewrap Agreement, Class Action, Consent, Data Collection, Privacy Laws

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EEOC Submits Request to Eliminate Optional Disclosure of Non-Binary Data for EEO-1 Reporting

On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB… more

Disclosure Requirements, EEO-1, Employment Policies, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures… more

Appeals, Arbitration Agreements, California, Certiorari, Class Action

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Explaining California’s Private Attorneys General Act

Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging… more

California, Employee Rights, Employer Liability Issues, Employment Litigation, Labor Reform

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Hybrid Workplaces + Regulatory Obligations: What FINRA Members Need to Know About the RSL Rule and Remote Inspections

As of June 1, 2024, FINRA member firms have been able to identify as a “Residential Supervisory Location” (RSL) a “private residence from which an associated person engages in supervisory functions,” so long as certain… more

Coronavirus/COVID-19, Financial Industry Regulatory Authority (FINRA), Home Offices, Inspections, Recordkeeping Requirements

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Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide… more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Collective Actions, Corporate Counsel

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What California Employers Should Consider When Buying or Selling a Business

The purchase or sale of a business in California involves intricate legal considerations, particularly regarding the rights of and responsibilities to employees. Both the buyer and seller need to consider employment… more

Acquisitions, California, Compliance, Employment Contract, Employment Litigation

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New Puerto Rico Law Grants Workers Registered as Informal Caregivers Additional Rights

Puerto Rico’s Informal Care Public Policy Act (ICPPA) amends the Puerto Rico Working Hours and Days Act to establish new rights and protections for individuals duly certified as “informal caregivers.” The ICPPA took effect… more

Caregivers, Duty Hours, Healthcare, Wage and Hour, Work Schedules

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Puerto Rico New Act 29-2025: Essential Employer Obligations for Breastfeeding/Pumping Activities

On June 23, 2025, Governor Jennifer González signed Act 29-2025, amending Puerto Rico’s Act 427-2000, “Act to Regulate Breastfeeding and Breast Milk Extraction Periods,” and strengthening protections for nursing employees. These… more

Anti-Discrimination Policies, Breastfeeding, Employee Benefits, Employee Rights, Employer Responsibilities

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When Is An Insurance Policy Not An ERISA Plan?

ERISA makes clear that it governs “any plan, fund, or program … established … by an employer … for the purpose of providing [health benefits] for its participants.” 29 U.S.C. § 1002(1). Although most employee benefit plans that… more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance, Retirement Plan

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Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act when… more

Civil Rights Act, Discrimination, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Identity

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Illinois Amends Temp Worker Law, Boosting Employer Obligations

The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal pay,… more

Collective Bargaining, Equal Pay, Illinois, Labor Disputes, Staffing Agencies

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Failure To Hire Due To “Jewish Blood” May Constitute Race Discrimination Under Title VII

A federal magistrate in the Western District of Louisiana has issued what appears to be the first ruling under Title VII of the Civil Rights Act of 1964 that someone who is Jewish may be protected from race discrimination under… more

Employer Liability Issues, Hiring & Firing, Popular, Race Discrimination, Title VII

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Key Requirements of OFCCP’s New Audit Scheduling Letter for Construction Contractors

The Office of Federal Contract Compliance Programs (OFCCP) released a revised Scheduling Letter and Itemized Listing for construction contractors on Oct. 2, 2024, that will require contractors to provide significantly more… more

Algorithms, Americans with Disabilities Act (ADA), Anti-Harassment Policies, Artificial Intelligence, Audits

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[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond… more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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NYC’s Enhanced ESSTA Rules for Prenatal Leave Create Policy, Posting + Paystub Requirements for Employers

Consistent with the expanding attention afforded to prenatal health and workplace protections nationally, New York State implemented a new paid prenatal leave requirement as an amendment to the state sick leave law, which went… more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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New York Bars Insurers from Denying Commercial Crime Coverage Due to Employee’s Prior Criminal Conviction

The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior… more

Anti-Discrimination Policies, Commercial Insurance Policies, Corporate Counsel, Criminal Records, NYDFS

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Maryland’s New Heat Standards: What Employers Need to Know

Maryland Occupational Safety and Health (MOSH) has issued its long-awaited heat stress standards. Maryland employers need to pay careful attention to these new standards. MOSH also issued information and guidance, which… more

Covered Employees, Covered Employer, Emergency Management Plans, Heat Exposure, Maryland

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2025 Changes to Washington’s Paid Family and Medical Leave Program

Washington has amended its Paid Family and Medical Leave (PFML) program by making several key changes. In a significant departure from the former landscape, the amendments extend job restoration rights to employees of smaller… more

Amended Legislation, Employee Benefits, Employee Rights, Employer Responsibilities, Grants

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City of Los Angeles Hotel Workers’ Minimum Wage Increase Put on Hold

The City of Los Angeles has put the minimum wage increase for hotel workers on hold. Certain provisions were to take effect on July 1, 2025. This decision comes after a referendum petition against the ordinance was filed with… more

California, City of Los Angeles, Employee Benefits, Employee Rights, Hospitality Industry

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New York City DCA Issues Guidance On Temporary Schedule Change Amendments To Fair Workweek Law

The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers… more

Employer Liability Issues, Fair Workweek, State Labor Laws, Wage and Hour, Work Schedules

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New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to an… more

Background Checks, Criminal Convictions, DMV, DNA, Fair Credit Reporting Act (FCRA)

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E-Verify Trends: Evolving Employer Notifications, Alerts

E-Verify is an internet-based system through which employers electronically confirm the employment eligibility of their employees. Designed to ensure that employers hire individuals authorized to work in the country, E-Verify… more

E-Verify, Employee Rights, Employer Responsibilities, Employment Authorization Documents (EAD), Employment Eligibility Verification

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U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9% compared… more

Drug Testing, Marijuana, Medical Marijuana, Quest Diagnostics, Recreational Use

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Saint Paul, Minnesota enacts “wage theft” ordinance

Beginning January 1, 2025, the City of St. Paul, Minnesota’s Wage Theft Ordinance went into effect. The Ordinance largely incorporates the State of Minnesota’s existing wage theft legislation. However, similar to the Minneapolis… more

Employee Rights, Employment Policies, Enforcement, Labor Regulations, Local Ordinance

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Puerto Rico Supreme Court Reaffirms Importance of Just Cause for Employee Terminations

The Puerto Rico Supreme Court recently issued a decision reaffirming the importance of just cause for employment terminations in Puerto Rico. Méndez Ruiz v. Techno Plastics Industries, Inc., No. 2025 TSPR 68 (June 26, 2025)… more

Appeals, At-Will Employment, Employee Benefits, Employee Rights, Employer Responsibilities

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[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in… more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require… more

Organ Donation, Popular, State Labor Laws, Unpaid Leave, Verification Requirements

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Getting Local: City of Santa Monica Local Ordinances

Like its neighbor City of Los Angeles, Santa Monica has local employment ordinances. However, as a popular tourist destination, Santa Monica has several ordinances pertaining to the hospitality industry that employers should… more

Employment Policies, Hospitality Industry, Local Ordinance, Minimum Wage, Paid Sick Leave

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Fundamentals of Personnel Files for Employers in California

Current and former employees have the right to inspect their personnel files upon request within a timeframe set by statute. When an employment-related claim arises, these individuals typically request a copy of their personnel… more

California, Compliance, Employee Rights, Employees, Employment Litigation

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Is Your Business Ready for Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance?

The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance is set to take effect on July 1, 2024, and the City’s Department of Business Affairs and Consumer Protection has published its long-awaited interpretive rules. These… more

City of Chicago, Local Ordinance, Paid Leave, Paid Time Off (PTO), Safe Leave

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On the Menu: Florida SB 606 Serves Up More Rigid Requirements for Restaurants to Disclose Operations Charges

Amendments to Florida law on notification of automatic gratuity charges create more stringent requirements for how restaurants communicate operations charges to customers. Restaurant owners should review and update their… more

Compliance, Disclosure Requirements, Fees, Florida, Food Manufacturers

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California Seeks to Have Consistent Definition of Artificial Intelligence

Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California. However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A regulatory… more

Artificial Intelligence, Business & Professions Code, California, Economic Development, Education Code

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Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or… more

Department of Labor (DOL), E-3, Foreign Nationals, Foreign Workers, H-1B

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New Alabama Law Limits Public Employers’ DEI Efforts

The Alabama Legislature has enacted 2024 Ala. Act 34, limiting the diversity, equity, and inclusion (DEI) efforts of state agencies, public universities, and public boards of education. The new law goes into effect Oct. 1, 2024… more

Alabama, Discrimination, Diversity and Inclusion Standards (D&I), New Legislation, State Employees

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Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers… more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Fair Labor Standards Act (FLSA)

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NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,… more

Employee Monitoring, Employee Tracking, NLRA, NLRB, Protected Activity

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What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?

Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Discrimination

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Rhode Island Prohibits Use of Non-Competition Agreements With Nurses; Governor Vetoes Broader Ban

Rhode Island Governor Dan McKee signed a new law (R.I. Gen. Laws § 5-34-50) that prohibits the enforcement of non-competition agreements with advanced practice registered nurses (APRNs) in the state on June 17, 2024… more

Anti-Competitive, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC), Healthcare Workers, Non-Compete Agreements

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DHS Expands Categories of Individuals Subject to Expedited Removal (Deportation)

The U.S. Department of Homeland Security (DHS) has published a notice expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to… more

Administrative Procedure Act, Constitutional Challenges, Department of Homeland Security (DHS), Department of Justice (DOJ), Due Process

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Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant… more

Employee Rights, Employment Contract, Enforcement Actions, Florida, Independent Contractors

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Conducting Internal Investigations in the Real Estate Industry

Real estate companies, including property management companies, brokerages, construction, and development and real estate developers, seeking to manage risks and avoid litigation must take seriously internal employment… more

Internal Investigations, Policies and Procedures, Property Managers, Real Estate Brokers, Real Estate Market

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E-2 Treaty Investor Visa Open To Israeli Citizens

The U.S. Embassy in Israel has announced that the necessary agreement has been signed and Israeli citizens will be able to apply for an E-2 Visa as of May 1, 2019. This is an important announcement for the Israeli high-tech… more

E-2, Foreign Nationals, Immigrants, Investors, Israel

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Washington’s Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment Agreements

Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements. The Act (codified as RCW 49.44.211) makes it illegal for employers in an… more

Employer Liability Issues, Non-Disclosure Agreement, Non-Disparagement Provisions, Pre-Employment Agreements, State Labor Laws

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California Employers, Don’t Forget Your Annual Workplace Violence Prevention Plan Responsibilities!

California employers should begin preparing to comply with their annual requirements under the workplace violence prevention law, California’s Labor Code 6401.9 (commonly known as SB 553), including retraining their staff and… more

Compliance, Employee Training, Employer Liability Issues, New Legislation, Regulatory Requirements

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Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment… more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Enforcing English Proficiency: Employers of Commercial Drivers Face New FMCSA Guidance

Businesses that employ drivers of commercial motor vehicles who operate in interstate commerce (CMV drivers) have some work to do before June 25, 2025. That is when CMV drivers who cannot speak and understand English… more

Commercial Truck Drivers, Compliance, Department of Transportation (DOT), Employee Training, Employer Responsibilities

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Will Construction Employees Enjoy the ‘Right to Disconnect’?

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes… more

At-Will Employment, Construction Industry, Off-Duty Employees, Off-The-Clock, Over-Time

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Unlocking Ohio Pay Stub Transparency: New Requirements Employers Need to Know Before April 2025

Beginning April 9, 2025, Ohio employers must produce detailed and accurate pay stubs under the new Pay Stub Protection Act (PSPA). Employers must provide employees with a statement, or access to a statement, of the employee’s… more

Compliance, Department of Labor (DOL), Disclosure Requirements, Employee Rights, Employees

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OSHA to Require Employers to Submit Injury and Illness Forms Online

The Occupational Safety and Health Administration (OSHA) has released a final rule to restore and expand Obama-era requirements for employers in dozens of designated industries that have worksites with at least 100 employees to… more

Corporate Counsel, Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements

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What California Employers Need to Know About Wage Deductions

It is important for employers in California to understand what is permitted for wage deductions to maintain compliance and avoid potential pitfalls. Employers in California may lawfully withhold amounts from an employee’s wages… more

Audits, California, Employee Benefits, Employee Rights, Employer Responsibilities

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Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures… more

Appeals, Arbitration Agreements, California, Certiorari, Class Action

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Massachusetts Employers: Do Your Job Applications Contain the Mandatory Notice About Lie Detector Use in Employment?

Massachusetts law, G.L. c. 149, § 19B, makes it unlawful for an employer to require or administer a lie detector test as a condition of employment or continued employment. In addition, the statute requires that all job… more

Employee Rights, Employer Responsibilities, Employment Policies, Hiring & Firing, Job Applicants

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The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40… more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows… more

Communications Decency Act, Consumer Reports, Corporate Counsel, Fair Credit Reporting Act (FCRA), Online Platforms

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Fourth Circuit Clarifies Scope Of Title VII Same-Sex Workplace Harassment

Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a three-judge… more

Bostock v Clayton County Georgia, Civil Rights Act, Harassment, Hostile Environment, Retaliation

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Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special… more

Abortion, Civil Liability, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Privacy Rights

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Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding… more

Confidentiality Agreements, Federal Trade Commission (FTC), Intellectual Property Protection, Labor Relations, NLRA

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Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International

The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a… more

Appeals, Appellate Courts, Breach of Duty, Class Action, Corporate Counsel

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Mississippi Poised to Enact Pay Equity Law

Mississippi is the only state in the country without an equal pay law. That may change soon. On March 30, 2022, the Mississippi House and Senate both passed HB 770. The bill (1) requires employers to pay employees without… more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Pay Equity Laws, Pay Transparency

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Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for enforcement… more

Appeals, Appellate Courts, Drug Testing, Employment Discrimination, Employment Litigation

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Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt… more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

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New Study Shows Gen Z LGBTQIA+ Students, Graduates Value, Seek Out Inclusive Workplaces

Employers that foster a culture of belonging for all employees will have an advantage as Gen Z is projected to make up 27% of the workforce by 2025 and their expectations will change the workplace as we know it. Born between… more

Bias, Diversity and Inclusion Standards (D&I), Employment Discrimination, Generation Z, LGBTQ

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Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a… more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Tipped Employees

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Nebraska’s New Sick Leave Law Explained

On June 4, 2025, Nebraska Governor Jim Pillen signed LB415, which amends the Nebraska Healthy Workplaces and Families Act (“HWFA”). Initially passed via ballot initiative in November 2024, the HWFA mandates paid sick leave for… more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employer Responsibilities, Enforcement

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New Jersey: Vaccines Or Testing For Workers In Healthcare And High-Risk Congregate Settings

New Jersey is requiring employers in covered healthcare and high-risk congregate settings (“covered settings”) to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track… more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Documentation, Executive Orders

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

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) to… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations

Earlier this year, North Dakota’s Governor signed HB 1127, which introduces new compliance obligations for financial corporations operating in North Dakota. This new law will take effect on August 1, 2025… more

Collection Agencies, Consumer Information, Credit Unions, Cybersecurity, Data Privacy

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NYC’s Enhanced ESSTA Rules for Prenatal Leave Create Policy, Posting + Paystub Requirements for Employers

Consistent with the expanding attention afforded to prenatal health and workplace protections nationally, New York State implemented a new paid prenatal leave requirement as an amendment to the state sick leave law, which went… more

Compliance, Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies

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Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees… more

Compliance, Department of Labor (DOL), Employee Rights, Employees, Employer Liability Issues

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Minnesota’s Paid Leave Law Is Final: Here’s How Employers Can Prepare Now

The Minnesota Paid Family and Medical Leave Law (Paid Leave) survived the latest legislative session with minimal change and is on track to go live on Jan. 1, 2026. The Minnesota Department of Employment and Economic Development… more

Employee Benefits, Employer Contributions, Employer Responsibilities, Employment Policies, Filing Deadlines

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Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures… more

Appeals, Arbitration Agreements, California, Certiorari, Class Action

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Connecticut Family and Medical Leave Act Regulations in Final Review; Notices Required as of July 1

Over six months after the Connecticut Family and Medical Leave Act (Connecticut FMLA) took effect, proposed regulations are slated for consideration and approval by the Connecticut Legislative Regulation Review Committee (LRRC)… more

Connecticut, Family and Medical Leave Act (FMLA), Fitness for Duty Exams, New Hires, Paid Leave

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Sick Leave for All New Mexico Employees Begins July 1: What Employers Should Know

The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked. Employees may use up to 64 hours of earned sick leave… more

Healthy Workplace Act, Paid Leave, Sick Leave, Wage and Hour, Written Notice

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California Supreme Court Rules Trial Courts Lack Authority to Strike PAGA Claims Based on Manageability

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts… more

CA Supreme Court, Class Action, Private Attorneys General Act (PAGA), Split of Authority, Wage and Hour

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Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures through… more

Collective Bargaining, Employer Liability Issues, Labor Relations, NLRA, NLRB

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Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign… more

Anti-Discrimination Policies, Civil Rights Act, Export Administration Regulations (EAR), Export Controls, Foreign Nationals

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Will Construction Employees Enjoy the ‘Right to Disconnect’?

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes… more

At-Will Employment, Construction Industry, Off-Duty Employees, Off-The-Clock, Over-Time

See all updates »

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

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) to… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

See all updates »

Workplace Diversity, Equity, Inclusion: Data Privacy and Security Issues

In the last decade, organizations of varied industries and sizes have heightened their focus on diversity, equity, and inclusion (DEI) initiatives and, since 2020, DEI has become a top priority. COVID-19 pandemic realities,… more

Anti-Discrimination Policies, Assessment, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Coronavirus/COVID-19

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Keeping Retail Employees Engaged With Emotionally Intelligent Leaders

Although the federal COVID-19 Public Health Declaration officially proclaimed the pandemic over nearly a year ago (on May 11, 2023), many employers, especially those in the retail industry, continue to feel the pandemic’s… more

Coronavirus/COVID-19, Employee Engagement, Labor Relations, Leadership, Managers

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Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held… more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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Understanding California’s Minimum Wage

Most California employers must adhere to both federal and state minimum wage laws. Recent developments at the state and local level have ushered in new changes to California minimum wage laws. At the state level, California… more

California, Compensation & Benefits, Minimum Wage, State Labor Laws, Wage and Hour

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NJ Bill Broadly Banning Non-Competes + No-Poach Agreements Would Impact Employers Immediately

The New Jersey Legislature is considering a bill (S4385/A5708) banning non-compete clauses, with limited exceptions, and prohibiting no-poach agreements between employers and workers. Appearing to take a page from the now… more

Employee Rights, Employees, Employer Responsibilities, Employment Contract, Employment Policies

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How Manufacturers Can Stay Ahead of the Changing Landscape of PFAS Regulations

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s. In… more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Waste, Impact Assessments, Internal Audit Functions

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Illinois Governor Signs BIPA Amendment Into Law

On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an… more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, E-Signatures, Governor Pritzker

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Fundamentals of Personnel Files for Employers in California

Current and former employees have the right to inspect their personnel files upon request within a timeframe set by statute. When an employment-related claim arises, these individuals typically request a copy of their personnel… more

California, Compliance, Employee Rights, Employees, Employment Litigation

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NCAA Considers Major Policy Shift on Gambling Restrictions

The NCAA Division I Council has proposed a rule change to permit student-athletes and institutional staff to place bets on professional sports. If adopted, this change would mark a significant shift from the NCAA’s long-standing… more

College Athletes, Compliance, Enforcement Actions, Gambling, Insider Information

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California Supreme Court Cases Employers Should Watch in 2025

The California Supreme Court issued several important decisions in 2024 about issues such as the application of PAGA to public employees and the definition of “hours worked.” Several cases are pending before the state’s high… more

Arbitration Agreements, CA Supreme Court, Corporate Counsel, Department of Industrial Relations, DLSE

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[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond… more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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Washington State Employment Law: Key Legislative Changes Effective July–September 2025

Washington State continues to lead in progressive employment legislation with a number of new laws set to take effect in the coming months. These changes span a wide range of employment issues — from wage transparency and… more

Background Checks, Criminal Background Checks, Discrimination, Employee Rights, Employer Responsibilities

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Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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Staying Steady Amid NLRB Upheaval: Q&As on What Employers Can Expect

Significant changes have occurred at the National Labor Relations Board (NLRB) following President Donald Trump’s inauguration. On Jan. 27, 2025, he fired the NLRB’s general counsel (GC), Jennifer Abruzzo, and Board chairperson,… more

Constitutional Challenges, Employee Rights, Enforcement Actions, Executive Orders, Federal Labor Laws

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Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt… more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

See all updates »

Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs

Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize… more

Department of Education, Educational Institutions, Enforcement Actions, Executive Orders, Gender Identity

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Mandatory Sexual Harassment Prevention Training for Janitorial Services Employers Resumed

In 2019, California passed Assembly Bill (AB) 547, which requires janitorial employers to provide in-person training in preventing sexual violence and harassment at least once every two years. However, due to concerns about… more

Anti-Harassment Policies, California, Covered Employees, Employee Training, Janitorial Services

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DHS Launches Three Pilot Programs to Test AI Uses

President Joe Biden’s Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” directs departments and agencies throughout the government, including the Department of Homeland… more

Artificial Intelligence, Biden Administration, Department of Homeland Security (DHS), Pilot Programs, USCIS

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Private Sector Union Membership Rate Held Steady in 2023

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to… more

Bureau of Labor Statistics, Labor Relations, NLRB, Union Membership, Union Organizers

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2025 New York Paid Family Leave Contribution Rate, Maximum Weekly Benefits

Each year, the New York State Department of Financial Services announces changes to the employee contribution rate and benefit amounts under the New York Paid Family Leave Law (NY PFL) effective the next year. It has announced… more

Employee Benefits, Employee Contributions, New York, Paid Family Leave Law, Paid Time Off (PTO)

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Tips for Recruiting Top Talent in Manufacturing Industry

Finding qualified and motivated people to fill open positions is not a new challenge for manufacturers. This task, however, has become harder due to the industry’s rapid rebound post-COVID-19 pandemic and a significant reduction… more

Compensation & Benefits, Coronavirus/COVID-19, Diversity, Job Applicants, Job Descriptions

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How Manufacturers Can Avoid Potential Pitfalls of AI-Based Recruitment

The manufacturing industry is familiar with strategically integrating automation tools and technologies to address labor shortages and promote safety and productivity in the workplace. Manufacturers exploring the potential uses… more

Artificial Intelligence, Automation Systems, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders

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What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?

Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Discrimination

See all updates »

Final Phase of NYC Minimum Pay-Rate Increase for App-Based Delivery Workers Is In Effect

On April 1, 2025, New York City Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced that, effective immediately, delivery platform companies must pay delivery workers a minimum… more

Employees, Employment Policies, Government Agencies, Labor Regulations, Minimum Wage

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Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed

On May 14, 2025, the Missouri Senate passed a bill (HB 567) repealing the paid sick leave requirement along with a portion of the minimum wage increase included in Proposition A, which voters approved on November 5, 2024… more

Employee Rights, Minimum Wage, New Legislation, Paid Leave, Paid Sick Leave

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U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions

The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board pending… more

Burden of Proof, Injunctive Relief, NLRA, NLRB, Preliminary Injunctions

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Third-Party Bonuses Are Not Necessarily “Remuneration” For Overtime Purposes, Third Circuit Holds

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that… more

Bonuses, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Remuneration

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Retail and the Holiday Season: Top Four Areas of Employment Focus

Retail workers are often the unsung heroes of the holiday shopping season. Stores are open longer and have bigger crowds, and customers are tenser than usual. To navigate the holiday season smoothly, retail employers should be… more

Anti-Harassment Policies, Holidays, Retail Workers, Retailers, Wage and Hour

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Enforcing English Proficiency: Employers of Commercial Drivers Face New FMCSA Guidance

Businesses that employ drivers of commercial motor vehicles who operate in interstate commerce (CMV drivers) have some work to do before June 25, 2025. That is when CMV drivers who cannot speak and understand English… more

Commercial Truck Drivers, Compliance, Department of Transportation (DOT), Employee Training, Employer Responsibilities

See all updates »

OSHA Extends Heat Hazard Program: Employers Should Act Before Summer Sets In

The Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards (NEP) to April 8, 2026. The NEP was set to expire on April 8, 2025. This extension… more

Employee Rights, Employer Responsibilities, Enforcement Actions, Federal Labor Laws, Heat Exposure

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What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee… more

Civil Rights Act, Groff v DeJoy, Holidays, Religious Accommodation, Religious Beliefs

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AB 5 Past and Present – What You Need to Know

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have… more

ABC Test, CA Supreme Court, Dynamex, Independent Contractors, Labor Code

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Biden Administration Focus On OSHA, COVID-19 And What It Means For Manufacturers

Under the Biden administration, two significant and expected changes to the Occupational Safety and Health Administration (OSHA) would give the agency a greater role in reducing the spread of COVID-19 at the workplace, both of… more

Biden Administration, Coronavirus/COVID-19, Employee Training, Health and Safety, Manufacturers

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Getting Local: San Diego Minimum Wage and Earned Sick Leave

California employment laws are exhaustive and comprehensive compliance may serve to be challenging for employers, especially when taking into account the patchwork of local ordinances pertaining to minimum wage, paid sick leave,… more

Local Ordinance, Minimum Wage, Paid Leave, Posting Requirements, San Diego

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[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in… more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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What Real Estate Businesses Need to Know About Using Website Tracking Technologies

Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the convenience… more

Advertising, California Consumer Privacy Act (CCPA), Consent, Department of Health and Human Services (HHS), Federal Trade Commission (FTC)

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Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect… more

Back Wages, Construction Industry, Employee Benefits, Independent Contractors, Misclassification

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New Presidential EO Says Federal Government Recognizes ‘Two Sexes’ Only

On his first day in office, President Donald Trump acted swiftly to ensure federal agencies recognize only two sexes, male and female, and to reject the concept of “gender ideology.” Among the slew of his Day 1 executive… more

Civil Rights Act, Donald Trump, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders

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U.S. Still Leads in Attracting International Talent — But For How Long?

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of American… more

Employees, Employment Policies, Foreign Nationals, Foreign Workers, Green Cards

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Summer Jobs – California Basics on Hiring Minors

As the weather warms up and we move toward summer many employers may be considering hiring minors for seasonal work. There are, however, some complexities when it comes to hiring and employing minors in the Golden State… more

California, Child Labor, Employer Responsibilities, Employment Policies, Minors

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More Minnesota Cities Following Suit In Requiring Facemasks

The cities of Edina, Rochester, and Mankato are the most recent in Minnesota to require individuals to wear facemasks in public. They join the growing number of cities and states with the same requirements to prevent the spread… more

Best Practices, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the H-2A… more

Agricultural Workers, Compliance, Department of Homeland Security (DHS), Final Rules, Foreign Workers

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Changing Labor Board Membership Will Require Manufacturers To Review Employment Policies

The Biden administration has made some early moves that strongly suggest it intends significant changes from the five-member National Labor Relations Board (NLRB) that manufacturers should watch closely. Currently, the board… more

Employment Policies, Joe Biden, Manufacturers, NLRA, NLRB

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California’s Minimum Wage Will Increase Again in 2025

California will see another increase to its minimum wage on January 1, 2025. The minimum wage in California will increase from $16.00 per hour to $16.50 per hour on January 1, 2025. This increase applies to all employers,… more

California, Consumer Price Index, Minimum Wage, State Labor Laws, Wage and Hour

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HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations

Earlier this year, North Dakota’s Governor signed HB 1127, which introduces new compliance obligations for financial corporations operating in North Dakota. This new law will take effect on August 1, 2025… more

Collection Agencies, Consumer Information, Credit Unions, Cybersecurity, Data Privacy

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Cal/OSHA’s New Workplace Violence Prevention Plan Requirement: What Retailers Need to Know

California has enacted the country’s first general industry workplace violence prevention safety law. The law takes effect on July 1, 2024, and imposes requirements on nearly all California employers, including retail employers… more

Cal-OSHA, California, Retailers, State Labor Laws, Workplace Hazards

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Class Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable Funds

On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative… more

401k, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Recent Decision on Nondiscretionary Performance Bonuses in Pay Calculations Has Wide-Ranging Implications for Illinois Employers

In Illinois, nondiscretionary “performance bonuses,” such as bonuses paid in recognition of employees satisfying certain performance and safety metrics and seniority goals, must be factored into employees’ regular rate of pay… more

Bonuses, Employee Rights, Employer Liability Issues, Employment Litigation, Illinois

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Employers Should Be Prepared for Colorado’s Family and Medical Leave Insurance (FAMLI) Program

Starting January 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical… more

Colorado, Employee Contributions, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws

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New York Enacts Law Limiting Employee Assignment of Inventions

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law… more

Assignment of Inventions, Employment Contract, Intellectual Property Protection, Inventions, New Legislation

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Massachusetts Employers: Do Your Job Applications Contain the Mandatory Notice About Lie Detector Use in Employment?

Massachusetts law, G.L. c. 149, § 19B, makes it unlawful for an employer to require or administer a lie detector test as a condition of employment or continued employment. In addition, the statute requires that all job… more

Employee Rights, Employer Responsibilities, Employment Policies, Hiring & Firing, Job Applicants

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[Webinar] Class Actions and Complex Litigation Webinar Series - The California Class Action - March 14th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this… more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Continuing Legal Education

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Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees… more

Compliance, Department of Labor (DOL), Employee Rights, Employees, Employer Liability Issues

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Westchester Safe Time Leave Has Arrived

The Westchester County Safe Time Leave Law took effect yesterday October 30, 2019. Starting on January 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to… more

Employer Liability Issues, Local Ordinance, Safe Leave, Wage and Hour

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AI in the Manufacturing Workplace: Can ‘Big Brother’ Keep Employees Safe?

The phrase “artificial intelligence” or “AI” often instills unease and nervousness. In manufacturing, the use of computerized knowledge or AI to convert once-manual tasks into highly automated mechanized tasks evokes equal parts… more

Artificial Intelligence, Data Privacy, Machine Learning, Manufacturing Facilities, OSH Act

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Missouri’s Paid Sick Leave Law: What Employers Need to Know

Missouri voters approved Proposition A, enacting a new state-wide paid sick leave law beginning on May 1, 2025, barring any legal challenges or issues with certification of the official results by Dec. 10, 2024… more

Accrued Benefits, Documentation, Notice Requirements, Paid Leave, Paid Sick Leave

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Not So Fast: DOL Releases Annual Funding Notice Guidance Just Before the Distribution Due Date

On April 3, 2025, the Department of Labor (the DOL) issued Field Assistance Bulletin 2025-02 (the FAB) and updated model annual funding notices for single-employer and multiemployer plans. The FAB addresses conflicts between… more

401k, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Filing Deadlines

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DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair… more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors

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California Supreme Court Cases Employers Should Be Watching in 2022

The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s high… more

CA Supreme Court, Corporate Counsel, DLSE, Ethics, Labor Commissioners

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Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule affecting… more

Collective Bargaining, Construction Industry, Fair Chance Act, Joe Biden, Labor Relations

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Proposed Rules for Minnesota’s Earned Sick and Safe Time Law: Key Insights for Employers

Over a year after Minnesota’s Earned Sick and Safe Time (ESST) law went into effect in January 2024, Minnesota’s Department of Labor and Industry (DLI) recently published proposed permanent rules (the Proposed Rules) that, if… more

Compliance, Department of Labor (DOL), Earned Sick and Safe Time Act, Employee Benefits, Employees

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DOJ Withdraws 11 Pieces of Americans With Disabilities Act Title III Guidance: What Covered Businesses Need to Know

The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act (Title III). The DOJ Guidance sets forth how the agency interprets… more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Executive Orders, Government Agencies

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New Jersey: Daycare Shutdown, Except For ‘Essential Persons’ At Certified Emergency Care Centers

New Jersey Governor Phil Murphy has ordered the shutdown of daycare facilities, effective April 1, 2020, except for certified emergency childcare centers that provide services only to “essential persons.” Executive Order No… more

Business Closures, Child Care, Coronavirus/COVID-19, Department of Children and Families (DCF), Operators of Essential Services

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action… more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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

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

Citizenship, Class Certification, Constitutional Challenges, Employer Liability Issues, Employment Litigation

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Advance Parole Process Unaffected by Trump EO, But Confusion + Delay Expected Anyway

Humanitarian parole programs for individuals from Cuba, Haiti, Nicaragua and Venezuela have been cancelled by President Trump’s Executive Order (EO) on Securing Our Borders. USCIS’s Uniting for Ukraine application process has… more

Advance Parole Documents, DACA, Department of Homeland Security (DHS), Executive Orders, Foreign Nationals

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Increased Workplace Protections for Veterans: Dole Act Amends USERRA

The stated purpose of the “Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act” (Dole Act) is to improve Department of Veterans Affairs programs for home and community-based services for… more

Amended Legislation, Anti-Retaliation Provisions, Biden Administration, Employee Rights, Employment Litigation

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BREAKING NEWS: OSHA, MSHA to Publish 30+ Proposed Rules July 1

July 1, 2025, OSHA and MSHA will publish over 30 proposed rules, many of which request public comment, in the Federal Register. Included in OSHA’s slate of proposed rules is a Rescission of Coordinated Enforcement Regulations,… more

Federal Register, General Duty Clause, Government Agencies, OSHA, Proposed Rules

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New DOL/EBSA Opinion Letter Program Offers A Path to Clarity for Plan Sponsors

On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant expansion of its compliance assistance tools by launching an Opinion Letter Program across five key enforcement agencies, including the Employee… more

Benefit Plan Sponsors, Compliance, Cybersecurity, Department of Labor (DOL), Employee Benefits

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Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47… more

Class Action, Fair Labor Standards Act (FLSA), Governor DeWine, Opt-In, Over-Time

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Vermont Expands Family Leave Protections: New Entitlements and Broader Definitions

Vermont Governor Phil Scott has signed legislation extending the protections of the state’s unpaid family leave law. The expansion extends safe leave, bereavement leave, and qualifying exigency leave to employees of employers… more

Amended Legislation, Bereavement Leave, Corporate Counsel, Employee Benefits, Employee Rights

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READY TO “GET OUT THE VOTE?” Reminders About California Voting Leave for This Election Season

The deluge of candidate introduction postcards and special interest group mailers urging us to vote “Yes!” or “No!” on particular issues that flood our mailboxes daily reminds us that election season is just around the corner.To… more

Employee Rights, Employer Liability Issues, Employment Policies, Presidential Elections, Voting Leave

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Quorum-Less EEOC and New Acting Chair: What Are the Impacts for Employers?

The start of the second Trump Administration has brought significant changes to many areas of employment law, including to federal agencies, and the Equal Employment Opportunity Commission (EEOC) is no exception. Some moves were… more

Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Litigation, Employment Policies, Enforcement Actions

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Explaining California’s Private Attorneys General Act

Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging… more

California, Employee Rights, Employer Liability Issues, Employment Litigation, Labor Reform

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Georgia Bill Introduced to Not Tax Overtime Compensation: 4 Employer Considerations

A bill introduced in the Georgia state legislature, if passed, would exclude overtime compensation from Georgia state income taxes starting in 2026. House Bill 375 (H.B. 375), introduced on Feb. 11, 2025, would exclude from… more

Employee Rights, Employees, Employment Policies, Fair Labor Standards Act (FLSA), Georgia

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Understanding California’s Minimum Wage

Most California employers must adhere to both federal and state minimum wage laws. Recent developments at the state and local level have ushered in new changes to California minimum wage laws. At the state level, California… more

California, Compensation & Benefits, Minimum Wage, State Labor Laws, Wage and Hour

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Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,… more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant… more

Employee Rights, Employment Contract, Enforcement Actions, Florida, Independent Contractors

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South Carolina Enacts Lactation Support Act

South Carolina Governor Henry McMaster signed into law the “South Carolina Lactation Support Act,” requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast… more

Anti-Discrimination Policies, Governor McMaster, Lactation Accommodation, Reasonable Accommodation, Undue Hardship