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California Court of Appeal Affirms Enforceability of Prospective Meal Period Waivers (US)

In a ruling that clarifies a previously unsettled area of California employment law, a California Court of Appeal affirmed the enforceability of written, prospective meal period waivers for shifts between five and six hours long. The April 21, 2025 decision in Bradsbery v. Vicar Operating, Inc. explained that advanced “blanket” waivers are valid under the … Continue Reading

Eighth Circuit Holds Minnesota Human Rights Act Does Not Apply to Out-of-State, Remote Employee: What All Employers Need to Know (US)

Although the meteoric rise in remote work prompted by the COVID-19 pandemic appears to have plateaued and may even be scaling back as employers press return-to-office policies, the reality is that many employees still work, and will continue to work, remotely. As employment law is largely legislated at the state level, the variation in how … Continue Reading

Update: US Supreme Court Stays Lower Courts’ Orders Reinstating NLRB and MSPB Members, Removing Them Once Again (US)

For the first—but not last—time, the US Supreme Court weighed in on President Donald Trump’s removal of Gwynne Wilcox, a Biden-appointed National Labor Relations Board (NLRB) member (whose removal we discussed in a prior post), and Cathy Harris, a Biden-appointed Merit Systems Protection Board (MSPB) member. Chief Justice Roberts’ April 9 order temporarily stayed the … Continue Reading

Best Practices for Employers When Implementing a Reduction in Force (US)

Laying off employees – also referred to as a reduction in force or a RIF – is one of the most difficult decisions an employer can make. Whether driven by economic conditions, organizational restructuring or pivots in business strategy, RIFs inherently create legal risks and significantly impact workplace morale. Although RIFs come with many challenges … Continue Reading

What is the Current Minimum Wage for Federal Contractors? (US)

Among the flurry of Executive Orders signed by President Trump since he took office is an March 14, 2025 Executive Order rescinding 18 prior executive orders and actions, including Executive Order 14026, a Biden-era order increasing the minimum wage for federal contractors to $17.75. Now that Executive Order 14026 has been rescinded, many federal contractors have … Continue Reading

New York’s “No Severance Ultimatums Act” Sets a New Minimum Standard for Severance Agreements, Expanding Protections for New York Employees (US)

On March 4, 2025, the New York state Senate passed S.372, the “No Severance Ultimatums Act” a first of its kind legislation which, if enacted, will require New York employers to: These protections will apply to all severance agreements except those covered by collective bargaining agreements. This bill has now moved to the New York … Continue Reading

Employment Options for Terminating or Suspending Operations in Mexico

Considering the fluidity of the current US/Mexico situation and the potential for the escalation of destabilizing tariffs, we prepared a short summary of available employment options in Mexico for companies to keep in mind as they consider their operations in that country. Under Mexican labor law, there are primarily three ways for companies to terminate … Continue Reading

Trump Transition: Shakeup at National Labor Relations Board Stalls NLRB Action (US)

It’s been a little more than a week since Inauguration Day, but the seismic shifts of presidential change in Washington, D.C. continue, now extending to and impacting the National Labor Relations Board (NLRB or Board). On January 28, President Donald Trump shook up the NLRB with two major personnel decisions: one anticipated, the other unprecedented.… Continue Reading

He sees you when you’re sleeping, he knows when you’re … pregnant? EEOC Issues Guidance on Using Wearable Technologies in Compliance with Discrimination Laws (US)

In today’s rapidly evolving technological landscape, smartwatches and other wearable technology devices have progressed past being a great holiday gift for your family member with the perennial New Year’s resolution to hit the gym and are increasingly prevalent in the workplace. These devices, ranging from smartwatches to powered gloves, can enhance employee productivity and improve … Continue Reading

Who to WARN? Does the WARN Act Apply to Fully Remote Employees? (US)

Most employers that have gone through a large-scale layoff or closed a location will tell you that WARN is their most dreaded four-letter word. Now, with the continuing and even increasing prevalence of post-COVID remote work arrangements, the question of who to WARN of mass layoffs of closures has become even more daunting. The federal … Continue Reading

“Let Us Help You Help Us Help You” – EEOC Guides Healthcare Providers Supporting Pregnant Patients Seeking Reasonable Accommodation (US)

The Pregnant Workers Fairness Act (PWFA), which became effective in June 2023, requires covered employers to provide job-related accommodations to employees for work limitations they experience due to pregnancy, childbirth or related medical conditions. (See our prior coverage here.) Since the PWFA’s enactment, the U.S. Equal Employment Opportunity Commission (EEOC) issued regulations explaining employer obligations … Continue Reading

Sixth Circuit Extends Family Member Relationships Covered By Family and Medical Leave Act (US)

The Family and Medical Leave Act (FMLA) provides job-protected, unpaid time off to certain U.S. employees for pregnancy, childbirth or adoption or during periods of personal or family illness. One basis upon which eligible employees can take FMLA leave is to care for a family member with a serious health condition, but the language of … Continue Reading

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
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