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US State Law Roundup – 2024 Year-end Update

State and local legislatures have been active throughout 2024 passing laws and ordinances that will impact employers of all sizes and all industries. Click HERE for our summary of these laws and related developments in Colorado, Illinois, Maryland, New York and elsewhere! As always, our team will continue to monitor these and other state employment law developments. … Continue Reading

Trump Immigration 2.0: What the Election Means for U.S. Employers

Employers should expect changes to their immigration and hiring enforcement regimes under a second Trump administration. Based on campaign rhetoric and promises, those changes will include emboldened and focused immigration policies to remove millions of undocumented workers and tighten the legal immigration system. Below is a summary of expected employment-related immigration changes and practical steps … Continue Reading

How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB’s Future

The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at … Continue Reading

Another Day, Another Precedent Obliterated: NLRB Upends Decades of Established Law to Hold Captive Audience Meetings Unlawful (US)

Last week, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) overruled a nearly 40-year old precedent (Tri-Cast), now making it unlawful for employers to explain to employees, even in non-coercive, non-threatening terms, the potential downside of selecting union representation (see our post here). With the election outcome poised to flip the … Continue Reading

Deja Brew All Over Again: NLRB Overturns Decades of Precedent, Further Restricting Employer Speech (US)

Any question whether, in light of the recent election outcome, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) would scale back their high-profile efforts to rewrite federal labor law to favor unions was answered only days after the election, with those members issuing a decision overruling a nearly 40-year-old case that … Continue Reading

Post-Election Flash Update (US): What Employers Need to Know Today

On November 5, 2024, voters across the country weighed in on several state and local ballot measures impacting employment law, including increases to state minimum wage rates and paid sick leave mandates. Summarized below are the outcomes of the more prominent ballot measures decided by voters, including new obligations for employers in Alaska, Maine, Missouri, … Continue Reading

Mental Health Parity and Addiction Equity Act Final Rules (“Final Rules”) Are Released: Plans and Issuers Must Prepare for January 1, 2025 Effective Date (US)

Members of our Labor & Employment practice and Healthcare industry group discuss the long-awaited Final Rules amending the Mental Health Parity and Addiction Equity Act (“MHPAEA”) that were released on September 9, 2024. The full post is available on our sister blog, Triage Health Law.… Continue Reading

California Legislative Year-End Review: Preparing Employers for 2025 (US)

California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025. Unless otherwise noted below, these new laws take effect January 1, 2025.… Continue Reading

“Captive Audience” Meetings Banned By New California Law (US)

California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.… Continue Reading

What You Post on Facebook Can and Will Be Used Against You (US)

Don’t post anything online that you wouldn’t want your mother – or the Department of Labor – to see. Anyone who once thought that Facebook was a safe place to vent grievances or insult others probably knows by now that social media is no refuge for posting something that you wouldn’t usually say, for example, … Continue Reading

Pennsylvania Federal Court Refuses to Enjoin FTC’s Noncompete Rule, Creates Split in Federal Courts

As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future. Since then, the Final Rule has been subject to legal challenges … Continue Reading

Federal Court Enjoins Federal Trade Commission’s Rule Prohibiting Non-Competition Agreements (US)

In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an … Continue Reading

US State Law Roundup – 2024 Mid-year Update

State and local legislatures have been active throughout the first half of 2024 passing laws and ordinances that will impact employers of all sizes and all industries. Click HERE for our summary of these laws and related developments in Illinois, Maryland, Minnesota, New York, Washington and elsewhere! As always, our team will continue to monitor these and … Continue Reading

Could Artificial Intelligence Create Real Liability for Employers? Colorado Just Passed the First U.S. Law Addressing Algorithmic Discrimination in Private Sector Use of AI Systems (US)

On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including affirmative … Continue Reading

New York Requires Paid Lactation Breaks and Prenatal Leave (US)

New York’s recently approved 2024 – 2025 budget brings two major changes to the landscape of leave and accommodation laws that New York employers need to know about. Paid Lactation Breaks Effective June 19, 2024, all private sector employers (regardless of size) will be required to provide 30 minutes of paid break time to employees … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge – Helping Businesses Save Time and Reduce Costs

Global Edge, our award-winning product developed exclusively by our global network of leading employment lawyers, gives instant access to the latest employment law developments. The tool provides clear, reliable, up-to-date answers on key employment law topics around the world, and maps out future legislative change. It is one of a suite of products and services … Continue Reading

Fourth Circuit Holds Firm Against Expansion of Religion-Based Defenses to Discrimination (US)

Lonnie Billard was a well-loved and decorated drama and English teacher at Charlotte Catholic High School (CCHS) in Mecklenburg County, North Carolina. He was named Teacher of the Year in 2012 after serving the Catholic high school’s students for eleven years. Two years later, CCHS told Mr. Billard he was not welcome back as a … Continue Reading

In a Rare Win for California Employers, Good Faith is Good Enough to Avoid Wage Statement Penalties (US)

As California employers know all too well, the state is notorious for its employee-friendly laws that can be difficult to navigate and create administrative and compliance headaches. Even the most diligent employers can find themselves on the wrong end of the law for minor, inadvertent errors, subjecting them to harsh and expensive penalties. For example, … Continue Reading

New DOL Rule Makes More Employees Eligible for Overtime Pay (US)

Last year, we alerted you to a rule proposed by the U.S. Department of Labor (DOL) that would raise the weekly salary amounts necessary to qualify for certain exemptions to the requirement under the federal Fair Labor Standards Act (FLSA) that employers pay employees time-and-a-half for hours worked in excess of 40 hours in a … Continue Reading

FTC Bans Non-Competes Throughout the United States – Legal Challenges Already Filed (US)

In a long-anticipated move that dramatically alters the employment landscape, the Federal Trade Commission (“FTC”) issued its final Non-Compete Clause Rule (“final rule”) effectively banning employee non-compete agreements throughout the United States. After receiving over 26,000 public comments, the FTC determined that the use of non-compete agreements with workers constitutes an “unfair method of competition” … Continue Reading

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act (US)

Congress passed the Pregnant Workers Fairness Act (PWFA) on June 27, 2023. The law requires covered employers—which, in the private sector, includes those with 15 or more employees—to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, unless … Continue Reading

OSHA Final Rule Clarifies Employees’ Walkaround Representative; Opens Non-Union Workplaces to Union Representatives (US)

The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can … Continue Reading

Texas Tells Employers No COVID-19 Vaccine Mandates Permitted (US)

Squire Patton Boggs’ Legal Intern Amber Bouie addresses new legislation impacting Texas employers. COVID-19 vaccinations have been the subject of workplace chatter since the vaccines became widely available in late 2020. At first, some states barred government employers from requiring employees receive vaccinations as a condition of continued employment, leaving private sector policies up to … Continue Reading
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