Ogletree Deakins

Quick Hits On January 16, 2025, the FTC and DOJ issued their “Antitrust Guidelines for Business Activities Affecting Workers.” The guidelines identify five nonexhaustive types of agreements and policies that may constitute violations of antitrust laws by hindering commercial competition and restricting the free movement of employees. The dissenting statement issued by two FTC commissioners indicates the guidelines may be short-lived. Following the recent change in presidential administrations, employers are…

The judge described the executive order as “blatantly unconstitutional.” The executive order limiting birthright citizenship asserts that children born in the United States on or after February 19, 2025, who do not have at least one lawful permanent resident or U.S. citizen parent, will not have a claim to birthright citizenship. Quick Hits A federal judge in Washington recently granted four states a temporary restraining order halting enforcement of President…

Quick Hits Expanding business into the Middle East may require global employers to navigate unique challenges such as establishing a physical office presence, adhering to distinct workweek structures, and understanding regional tax policies. Employers must comply with requirements around hiring local nationals, employing public relations officers (PROs) for government interactions, and providing specific statutory benefits like reduced Ramadan hours and end-of-service gratuity. Additionally, the process of discharging expat employees involves…

Quick Hits The Fourth Bureaucracy Reduction Act, effective January 1, 2025, simplifies requirements for giving written evidence of employment contracts, allowing now digital agreements for open-ended contracts while maintaining written form for fixed-term contracts. The EU’s AI Act, effective from August 2024, introduces regulations on AI systems, with initial provisions on unauthorized AI use starting February 2, 2025, and further regulations on general-purpose AI models and sanctions taking effect on…

Quick Hits The New Jersey Division on Civil Rights (DCR) issued guidance that explains how an employer’s use of automated decision-making tools can lead to algorithmic discrimination that violates the New Jersey Law Against Discrimination (NJLAD). The guidance does not impose any new obligations on employers but reinforces the importance of NJLAD compliance and instructs that the NJLAD “draws no distinctions based on the mechanism of discrimination.” Given the increasing…

Quick Hits The NLRB GC issued a memorandum addressing potential employer concerns about complying with EEO laws prohibiting discrimination and harassment in the workplace and the NLRA’s protections for employees engaging in concerted activity. The memorandum emphasizes the GC’s view that the NLRA and EEO laws are complementary and “both can and should be given full effect.” The memorandum was issued just days before a changeover in the presidential administration,…

Quick Hits On January 14, 2025, the DOL issued an opinion letter reiterating that managers and supervisors cannot keep tips unless they “solely and directly” provide service to the customer, regardless of whether a tip credit is taken. The DOL clarified that even if a manager or supervisor works an entire shift in a nonsupervisory role, they cannot participate in a tip pool, as the primary duty test is based…

Quick Hits Maryland’s Family and Medical Leave Insurance (FAMLI) program provides most Maryland employees with up to twelve weeks of paid leave, with some eligible for an additional twelve weeks, starting July 1, 2026, funded by contributions from both employers and employees beginning July 1, 2025. The Maryland Department of Labor has released two sets of proposed regulations for the FAMLI program. Under the FAMLI program, employees in Maryland will…

Quick Hits On September 26, 2024, New York City released updated FAQs for the Earned Safe and Sick Time Act (ESSTA) to address the October 2023 amended rules and the January 2024 law allowing private rights of action for ESSTA violations. The updated FAQs clarify and provide guidance regarding the amended rules, processes, and procedures in pursuing a private right of action, while also leaving some questions unanswered. The updated…

Quick Hits The Second Circuit has revived a requirement that New York employers include in employee handbooks a notice informing employees of their right to be free from discrimination or retaliation based on their [the employees’] or their dependents’ reproductive health decisions. The ruling also revived a First Amendment challenge by religious organizations to New York’s Reproductive Health Bias Law (New York Labor Law Section 203-e), impacting how employers may…

Quick Hits The New Jersey Data Protection Act (NJDPA) takes effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws. The NJDPA defines a “consumer” as a New Jersey resident acting in an individual or household context, excluding those acting in commercial or employment contexts. The New Jersey Division of Consumer Affairs will provide a grace period for enforcement of the NJDPA until…

Quick Hits Massachusetts issued new FAQs containing details for employers on how they can meet their obligations when reporting wage data pursuant to the state’s new pay transparency law. Employers in Massachusetts will need to submit workforce demographic information to the state each year under a new law. Covered employers must submit their most recently filed EEO-1 report to the state by February 3, 2025. Employers need not provide customized…

Quick Hits Wildfires sweeping through the Los Angeles area have prompted evacuation orders affecting tens of thousands of residents and creating dangerous conditions for travel. Employers affected by the disaster may need to consider their emergency preparedness plans, immediate workplace safety risks, and employment and staffing concerns while maintaining critical business functions. Wildfires, pushed by high winds and drought conditions, have swept through areas around Los Angeles, destroying homes and…

Quick Hits The U.S. District Court for the Eastern District of Kentucky vacated the U.S. Department of Education’s 2024 Title IX Final Rule, which had expanded the definition of sex-based harassment to include sexual orientation, gender identity, sex stereotypes, and pregnancy. The court found that the 2024 Title IX Final Rule violated the First Amendment and the Spending Clause of the United States Constitution, and it exceeded the U.S. Department…

Quick Hits The Court of Appeal for Ontario highlighted three key points in Dufault v. Ignance (Township): the ESA is intended to protect employee interests; courts should interpret termination of employment clauses such that employers comply with the ESA; and the wording of termination clauses will determine that interpretation. The court also held that if the termination clause in an employment agreement does not comply with the ESA when it…

Quick Hits A recent federal court ruling in Tennessee found that NCAA eligibility rules regarding two-year college transfers likely violate federal antitrust law, granting a former junior college quarterback an additional year to play in Division I football. The court recognized that the NCAA holds monopsony power over college athletes, limiting the labor market for players and impacting their eligibility and competition among schools. The decision is part of a…

Quick Hits The Working for Workers Five Act, 2024 amended the Occupational Health and Safety Act’s (OHSA) definition of “industrial establishment” to exclude any office in a private residence. However, this does not mean the OHSA does not apply to private residences. The Working for Workers Five Act, 2024 also amended the OHSA to apply to telework “performed in or about a private residence.” Simply put, the OHSA applies to…

Quick Hits On July 31, 2024, Governor Maura Healey signed into law legislation requiring Massachusetts employers with one hundred or more employees and subject to EEO-1 reporting obligations to provide a pay report to Massachusetts by February 1 of each year. Covered employers are required to complete their EEO-1 pay reporting by February 1, 2025. Massachusetts has not yet issued guidance on how exactly this reporting will be completed, but…

Quick Hits Italy introduced new parental leave benefits, effective January 1, 2024. Singapore expanded paternity leave benefits and undertook comprehensive workplace fairness legislation. China (Shanghai) implemented penalties for unequal pay in labor dispatch. Brazil and the European Union (EU) focused on gender pay equity with new reporting obligations. Middle Eastern countries such as the United Arab Emirates (UAE) and Saudi Arabia enhanced protections for local nationals. Saudi Arabia required private-sector…

Quick Hits Starting with ACA reporting for 2024, employers and health insurance providers are only required to send Forms 1095-B and1095-C to covered employees upon request. Employers can distribute Forms 1095-B and1095-C electronically. Employers now have ninety days to respond to 226-J letters. Paperwork Burden Reduction Act The Paperwork Burden Reduction Act (H.R. 3797) amends the ACA by eliminating the mandate for employers and health insurance providers to automatically distribute…

Quick Hits The EU Platform Work Directive took effect on December 1, 2024, but EU member states have until December 2, 2026, to implement it into national law and develop appropriate guidance for the classification of platform workers as independent contractors versus employees. The directive imposes obligations on digital platforms using automated decision-making or automated monitoring systems that go above and beyond the requirements of the EU AI Act. The…

Quick Hits California prohibits employers from discriminating against workers who suffer workplace injuries or who have filed or made known their intention to file a claim for compensation under an employer’s workers’ compensation insurance policy. Discrimination can include discharging, threatening to discharge, or retaliating against a worker in any manner for filing or making known an intention to file a workers’ compensation claim. Penalties for discriminating against a worker for…

Quick Hits The Warehouse Worker Injury Reduction Program (WWIRP) applies to all employers that directly or indirectly employ at least 100 employees at a single warehouse distribution center or at least 1,000 employees at one or more warehouse distribution centers in New York. Effective June 1, 2025, the WWIRP mandates that all covered employers create and implement formal injury reduction programs that identify and minimize risks of musculoskeletal injuries in…

Quick Hits New state laws on paid leaves, discrimination protections, child labor, medical marijuana, and workplace safety are set to take effect on January 1, 2025. Employers may want to take note of these new laws and compliance obligations. California California has several laws set to take effect on January 1, 2025, including laws expanding protections against unlawful discrimination; prohibiting mandatory workplace meetings to discuss political or religious matters, including…

Quick Hits The Fifth Circuit Court of Appeals invalidated an SEC order approving a Nasdaq rule that would have required public companies to maintain a certain number of board members from underrepresented demographic groups or explain why they failed to do so. The diversity rule never took effect while it faced legal challenges during the past three years. The SEC could appeal the Fifth Circuit’s decision to the Supreme Court…

Quick Hits DHS’s new final rule expands DHS’s authority to conduct site visits and impose penalties on employers that fail to follow the requirements of the program. The final rule expands H-2 worker flexibility and portability, includes expanded grace periods at the beginning and end of the H-2 petition validity period, and establishes the ability of an eligible H-2 nonimmigrant worker to begin working for a new employer upon the…

Quick Hits Illinois enacted a law prohibiting discrimination against employees who must care for family members at home. The law will not require employers to make accommodations or modifications to reasonable workplace rules and policies to allow employees to fulfill their caregiving responsibilities. The law will take effect on January 1, 2025. On August 9, 2024, Governor JB Pritzker signed House Bill (HB) 2161, Illinois’s family caregiver discrimination legislation, adding…

Quick Hits Under Mexico’s Chair Law, the main obligations for employers are: (i) having enough seats with a backrest for employees’ use, and (ii) avoiding prohibiting employees from taking seated breaks when the nature of the works allow it. Noncompliance with the Chair Law could trigger fines. The Chair Law’s General Content and Employers’ Main Obligations Employers in the service and retail industries, and similar sectors, are the main covered…

Quick Hits Ontario’s Working for Workers Acts (Four, Five, and Six) have introduced changes to the ESA and the OHSA, impacting sick leave policies, job posting transparency, and workplace safety regulations. Some changes are already in force; others are coming in 2025 and 2026, including stricter job posting requirements. The proposed Working for Workers Six Act, 2024 includes unpaid leave provisions for child placement and long-term illness, as well as…

Quick Hits DHS’s new final rule amends and updates the regulatory definition and criteria governing “specialty occupation” adjudication, codifies existing policies related to deference to prior adjudications, and clarifies circumstances requiring the filing of a new or amended H-1B petition. The final rule expands H-1B cap exemption benefits by updating the definitions of “nonprofit research organization” and “governmental research organization,” and it extends the timeline for F-1 cap-gap where there…

Quick Hits On December 4, 2024, the Maine Department of Labor released final regulations for the state’s paid family and medical leave program. Employers must start payroll withholdings for the state’s paid family and medical leave program on January 1, 2025. Employers can apply for a private plan substitution after April 1, 2025, and must submit payroll contributions until a private plan substitution is approved. Payroll deductions for Maine’s paid…

Quick Hits Starting in 2025, the SECURE 2.0 Act allows participants ages sixty to sixty-three to make “super-catch-up contributions” of up to $10,000 or 150 percent of the regular catch-up limit. Employers may need to amend their retirement plans by the end of 2024 to accommodate the new super-catch-up contributions or clarify their implementation. The introduction of super-catch-up contributions will require significant updates to payroll and recordkeeping systems to track…

Quick Hits The Connecticut Appellate Court ruled that phrases like “recent college graduates” in job postings are not inherently age-discriminatory under Connecticut law, providing clarity for employers while underscoring the value of careful drafting to avoid litigation risks. The court rejected the Connecticut Commission on Human Rights and Opportunities’ argument that the phrase “recent college graduates” served as a proxy for age discrimination, as there was no factual basis to…

Quick Hits The January 2025 Visa Bulletin shows no change from last month’s bulletin for employment-based categories for dates for filing. Final action dates show slight advancement for EB-2 and EB-3 for some countries/categories. USCIS will honor dates for filing for I-485 adjustment of status applications filed in January 2025. USCIS has announced that it will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from foreign nationals…

Quick Hits On December 9, 2024, the State Department updated the J-1 Exchange Visitor Skills List, revising the countries subject to the two-year foreign residence requirement. J-1 visa holders from China, India, and other countries may see a significant reduction in restrictions depending on the changes in their respective skills lists. The change, which took effect immediately, is retroactive, potentially allowing J-1 visa holders who were previously subject to the…

Quick Hits On November 21, 2024, OFCCP released “A Guide to Combatting Harassment in the Construction Industry,” providing information and resources for federal construction contractors and subcontractors. OFCCP’s guide is prepared in a Q&A chart format detailing the agency’s responsibilities, generally, and discussing harassment examples, obligations related to combatting harassment in the construction industry, worker rights, and best practices for maintaining harassment-free workplaces. OFCCP’s guide follows similar guidance from the…

Quick Hits Generally, under the FLSA, employers must pay exempt employees their guaranteed salary during business closures caused by inclement weather, as deductions for employer-caused absences are not permitted. Employers are typically required to pay nonexempt employees for all hours worked, but if they cannot work remotely due to the nature of their jobs during a weather-related closure, employers are not required to pay them. Connectivity problems during inclement weather…

Quick Hits Ohio has enacted into law SB 104, legislation restricting transgender access to certain school facilities: On November 27, 2024, Governor Mike DeWine signed into law the “Protect All Students Act,” which mandates that Ohio schools designate multi-occupancy restrooms, locker rooms, changing rooms, and shower rooms for exclusive use by male or female students based on their biological sex. Provisions of and exceptions to the new law: The law…

Quick Hits Daniel’s Law in New Jersey allows judges, prosecutors, police officers, correctional officers, and their immediate family members to request in writing that any company or entity not disclose their home addresses or unpublished telephone numbers. On November 26, 2024, the U.S. District Court for the District of New Jersey rejected constitutional challenges to the law. On December 2, 2024, the court allowed the defendants whose constitutional challenge was…

Quick Hits 2024 year-end HDHP plan amendments: Employers that offer HDHPs may need to amend their plans before the end of the year to remove first-dollar telehealth coverage since the regulatory relief allowing this coverage without cost sharing is set to expire at the end of 2024. Impact on HSA contributions: Absent an extension of regulatory relief permitting employers to provide telehealth coverage without cost sharing, starting on January 1,…