Quick Hits The D.C. Circuit Court ruled that President Trump likely has the authority to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause, staying previous reinstatement orders from lower courts. The ruling leaves the NLRB and MSPB without enough members to hear cases. The decision addresses…
Quick Hits Catherine Eschbach has been named director of OFCCP to “oversee its transition to its new scope of mission.” OFCCP will enforce EO 14173’s revocation of EO 11246, Eschbach said, stating that EO 11246 “had facilitated federal contractors adopting [diversity, equity, and inclusion (DEI)] practices out of step with…
Quick Hits U.S. at-will employment is not common internationally; other countries require valid reasons and advance notice for termination. Statutory severance pay is mandatory in many countries, calculated based on length of service and salary, and non-negotiable. Additional benefits include accrued but unused vacation, pro-rata thirteenth-month salary, earned bonuses, and…
Quick Hits In March 2025, the UK government announced amendments to the Employment Rights Bill following a series of consultations. The penalty “protective award” payable to employees when an employer fails to consult properly in a collective redundancy situation would be doubled from 90 to 180 days’ pay. Collective redundancy…
Quick Hits The proposed rule would require a plan that incorporates control measures, acclimatization, emergency medical care, and training. The proposed rule would apply to both indoor and outdoor locations. There will be narrow exemptions for incidental heat exposures of fifteen minutes or less within a one-hour period, emergency response…
Quick Hits California legislators have proposed bills in the 2025 legislative session that address pay transparency, automated decision systems, workplace surveillance, paid family leave, and employee training. The legislative session in California will end on September 12, 2025. The governor will have until October 12, 2025, to sign or veto…
Quick Hits On February 26, 2025, a Wisconsin appellate court ruled that a taxpayer-funded educational grant program for minority students is unconstitutional, citing the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA). The court’s decision to halt the Minority Undergraduate…
Quick Hits Covered entities in New York must submit their annual cybersecurity compliance forms to the NYDFS by April 15, 2025, either certifying material compliance or acknowledging material noncompliance. Starting May 1, 2025, new requirements will be implemented, including enhanced access management protocols, vulnerability management through automated scans, and improved…
Quick Hits The April 2025 final action dates in the EB-1 categories are unchanged for all countries except India, which has moved ahead by two weeks. The April 2025 final action dates in the EB-2 and EB-3 categories for all countries have moved forward. USCIS has confirmed it will accept…
Quick Hits The Department of Education announced a RIF for nearly 50 percent of its workforce. Impacted staff will be placed on administrative leave starting March 21, 2025. Affected employees will receive full pay and benefits until June 9, 2025. Employees are not expected to work during the deferred resignation,…
Quick Hits The Minnesota Department of Labor and Industry issued proposed rules stating that employees anticipated to work over 50 percent in Minnesota in an accrual year would accrue earned sick and safe time leave (ESST) for all hours worked despite location. The proposed rules would allow employers to “advance”…
Quick Hits Employers considering hosting NCAA bracket pools should be aware of state gambling laws, as the structure of these pools could potentially classify them as illegal gambling. Sweepstakes, as free-to-enter contests, may face fewer legal concerns, but businesses must still comply with specific state regulations that govern such promotional…
Quick Hits The new NLRB acting general counsel tapped by President Donald Trump rescinded twenty-nine prior general counsel memoranda, most of which were issued by his predecessor who served during the Biden administration. The rescinded memoranda included guidance on major labor issues, such as remedies, the legality of noncompete agreements…
Quick Hits Florida employers are facing a complex landscape of evolving workplace policies and legal requirements in 2025, including updates in discrimination prevention, leave laws, and medical marijuana protections. Employers may want to regularly review and update their workplace policies to ensure compliance with changing laws, particularly in areas like…
Quick Hits The 2025 session of the North Carolina General Assembly is considering employment-related bills related to union organizing and collective bargaining, nondiscrimination in the workplace, noncompete and nonpoaching agreements, and DEI. Senate Bill 120 / House Bill 207 aim to prohibit employers from restricting labor organizations and requiring employees…
Quick Hits Numerous states are introducing or expanding workplace violence prevention laws, particularly in healthcare settings, to enhance employee safety amid rising concerns. Specific legislative proposals, such as Alaska’s SB 49 and Massachusetts’s HD.1856, require employers to implement risk assessments, create violence prevention plans, and provide training to protect employees…
Quick Hits The Trump administration is seeking to pause the FTC’s pursuit of appeals of two district court decisions that blocked the FTC’s rule banning noncompetes, suggesting an expected shift in the government’s approach to the rule. Despite the motions to stay, and though the FTC may not pursue any…
Quick Hits An activist group has asked a federal district court to strike down an Illinois law requiring the disclosure of nonprofit organizations’ board demographics. The DOJ has intervened in the case, claiming that the law violates the Fourteenth Amendment. The intervention is part of the DOJ’s effort to eliminate…
Quick Hits Companies in Mexico must file their tax returns by March 31 of each year. Annual corporate tax returns show the yearly financial results of any entity and whether there were gains or losses. Tax returns are the starting point for the obligations mandated by the FLL regarding profit…
Quick Hits New York lawmakers passed a health information privacy bill that, among other obligations, would require entities to obtain authorization to collect, use, or sell an individual’s health information unless it is “strictly necessary” for certain purposes. The bill broadly defines regulated health information to include data that goes…
Quick Hits South Carolina state lawmakers introduced parallel bills in the state House and Senate that follow other recent executive and agency actions at the federal level and offer additional details not present in federal executive orders, such as definitions of “promoting DEI.” Proposed amendments to the South Carolina Code…
Quick Hits S4424/A5411 would invalidate any contractual provision waiving or otherwise limiting any employee’s substantive or procedural rights, remedies, or claims. A636/S4996 would define certain terms in standard form contracts as unconscionable, effectively rendering them illegal and unenforceable. Waiver of Employment Rights Senate Bill No. 4424, introduced on February 4,…
The IWOWA amendment did not change the minimum wage that employers and employees expected to go into effect on February 21, 2025 (at the rate of $12.48 per hour), but did change the minimum wage rates (and effective dates) for future years, and also revised the minimum cash wage rates…
Quick Hits The Nevada state legislature commenced its latest legislative session on February 3, 2025. State lawmakers are considering multiple bills that could impact employment law in the Nevada. Employers may want to take note of these legislative developments, which, if passed and enacted, could result in significant changes to…
Quick Hits Employees sued Paramount Global and CBS Interactive after mass layoffs in New York in 2024. Employees claim the companies did not provide ninety days’ notice under New York’s Worker Adjustment and Retraining Notification (WARN) Act. But the companies argue they fulfilled their legal duty because the workers stayed…
Quick Hits In July 2024, TPS for Haiti was redesignated and extended until February 3, 2026. DHS Secretary Kristi Noem reconsidered and partially vacated the 2024 decision, reducing the designation and extension period from eighteen months to twelve months. The initial registration period for new applicants under the 2024 designation…
Quick Hits On February 26, 2025, the Supreme Court of the United States heard oral arguments in a lawsuit, Ames v. Ohio Department of Youth Services, claiming a state agency discriminated against a straight employee because she is straight. The Supreme Court is expected to decide whether an employee who…
Quick Hits Employers are required to comply with all aspects of the law by the June 1, 2025, effective date. The definition of “musculoskeletal injuries and disorders” was replaced by “work-related musculoskeletal disorders,” making it clear that the musculoskeletal disorder must be work-related. The amendment expands who is qualified to…
Quick Hits A federal court in Minnesota recently ruled that the ADA’s “public accommodations” provision applies to websites, aligning with other courts that have made similar decisions. The plaintiffs who filed the suit claimed that the defendant’s website was not accessible to individuals with vision-related disabilities. The court rejected the…
Quick Hits Beginning in March 2025, employers applying for an EPRC certificate will be required to provide new data including hourly/salary status, base hourly rate for hourly workers, and to answer whether employees are covered by a collective bargaining agreement. IDOL will be providing a new data template in March…
Quick Hits If signed into law by Governor Youngkin, Virginia’s High-Risk Artificial Intelligence Developer and Deployer Act (H.B. 2094) will go into effect on July 1, 2026, giving affected businesses plenty of time to understand and prepare for its requirements. The legislation applies to AI systems that autonomously make—or significantly…
Quick Hits On February 19, 2025, Québec Minister of Labour Jean Boulet introduced legislation that would ensure necessary services are maintained during strikes or lock-outs to protect public well-being. The bill would empower the government and the Administrative Labour Tribunal to ensure necessary services are maintained during work stoppages, balancing…
Quick Hits Updated interview waiver criteria limits eligibility to those seeking a visa renewal in the same category and only if their most recent visa expired within twelve months prior to the application. Visa appointment wait times are likely to increase. Consulate action such as scheduling interviews for those already…
Quick Hits A federal court in Maryland preliminarily blocked the Trump administration from enforcing executive orders that seek to eliminate DEI programs and initiatives in the federal government and private sector. The court found the executive orders are likely unconstitutionally vague, lack clear definitions, and potentially discriminate against certain viewpoints…
Quick Hits On February 21, 2025, Michigan Governor Whitmer signed an amendment to the Earned Sick Time Act, providing several employer-friendly changes. Employers with ten or fewer employees now have until October 1, 2025, to comply. Highlights of the amendment include clarifications regarding covered employer qualifications, benefit accruals, employee eligibility,…
Quick Hits Alabama’s “‘What Is a Woman?’ Act” applies “wherever state law classifies individuals on the basis of sex or otherwise mentions individuals as being male or female, men or women, or boys or girls.” According to the act, there are only two sexes: male and female. Under the act,…
Quick Hits Under recently enacted state legislation, undocumented immigrants in Florida will no longer be eligible for in-state tuition benefits at public colleges and universities. Any undocumented immigrant convicted of a capital felony will face the death penalty. A new State Board of Immigration Enforcement will be created, and more…
Quick Hits Expanded Risk Evaluation: Public employers will have to include “abusive conduct and bullying” in their workplace risk evaluations. Enhanced Reporting Systems: Existing reporting systems for incidents of aggressive behavior will have to be amended to include reporting “abusive conduct and bullying.” Broader Training Requirements: Existing training requirements will…
Quick Hits The U.S. State Department has revised drop box eligibility criteria, limiting it to applicants renewing a visa in the same class that is either still valid or expired within the last twelve months (a departure from the previous forty-eight-month policy for any visa class). Despite efforts to streamline…
Quick Hits NLRB Acting General Counsel William B. Cowen rescinded numerous memoranda from his predecessor, Jennifer Abruzzo. The rescinded memos included key guidance on various labor issues, such as the employee status of college athletes, remedies, and the legality of noncompete agreements and other restrictive covenants. In Memorandum GC 25-05,…