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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Robins Kaplan LLP

What’s Good for the Goose is Good for the Government

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Sterry v. Minnesota Department of Corrections, 8 N.W.3d 224 (Minn. 2024) places Minnesota governmental employers on the same footing as private employers for the purposes of vicarious liability. The State, cities, and...more

Epstein Becker & Green

Wyoming Joins the List of States Banning Some Noncompete Agreements

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On March 19, 2025, Wyoming became one of the latest states to enact legislation banning noncompete agreements. The new law, which goes into effect July 1, 2025, voids “[a]ny covenant not to compete that restricts the right...more

FordHarrison

All-Female Spaceflight Highlights Ongoing Shifts in DEI Policies

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Last week, the most recent Blue Origin flight went to space. Unlike past voyages, all passengers were female, including a couple of celebrities. Like with anything these days, some hailed it as progress while others...more

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

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A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits...more

Maison Law

How Personal Injury Settlements are Calculated in California

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California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and...more

Littler

Washington’s Amended Fair Chance Act Will Impose Additional Obligations on Covered Employers

Littler on

Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or...more

Holland & Knight LLP

New Obligations on Protective Equipment in the Workplace in Mexico

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Mexico's Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social or STPS) recently published in the Federal Official Gazette (Diario Oficial de la Federación or DOF) the Official Mexican Standard...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Upholds Pay Differential in Equal Pay Act Case: Budget Constraints and Market Forces at Play

The U.S. Court of Appeals for the Sixth Circuit recently upheld a jury verdict against a school psychologist who alleged she was paid less than a male colleague in violation of the Equal Pay Act. Notably, the court found that...more

Holland & Knight LLP

Supreme Court Ruling Eases Path for ERISA Prohibited Transaction Claims

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The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more

Payactiv

Late Fee Crunch: How Earned Wage Access Helps Consumers Avoid Penalties

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$23 billion. That’s how much Americans paid in late fees last year. When a payment is only a few days behind, late fees for credit cards, utilities, student loans, and rent pile up. And they have proliferated over the last...more

Seyfarth Shaw LLP

CHNV Parole Pause: Mass Terminations Blocked, Chaos for Employers as Emergency Motion Filed by Government

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Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and...more

Alston & Bird

IRS Proposes Changes to 401(k) Catch-Up Contributions

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Our Employee Benefits & Executive Compensation Group discusses what plan sponsors and fiduciaries need to know about the Internal Revenue Service’s proposed changes for employees 50 or older who make additional elective...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Ballard Spahr LLP

Finally Received the Employee Retention Credit? Now What? A Guide to ERC Income Tax Consequences

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It appears that the flood gates have opened and that the IRS is finally processing and paying claims for the employee retention credit (ERC) en masse. After waiting a very long time (often years) with no contact from the IRS,...more

Miller Canfield

ERISA in the Supreme Court: Implications of Cunningham v Cornell University

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On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion in Cunningham v Cornell University, addressing the pleading standard applicable to prohibited transaction claims under the Employee Retirement Income...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

McDermott Will & Emery

Let the Shakedowns Begin: Tax False Claims Legislation in California

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Legislators in Sacramento, California, are mulling over one of the most (if not the most) troubling state and local tax bills of the past decade. Senate Bill (SB) 799, introduced earlier this year and recently amended,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

May 2025 Visa Bulletin Shows Slight Advancement for EB-3 India and Retrogression for EB-5 India

The Visa Bulletin for May 2025 shows slight forward movement in the final action dates for EB-3 India, and retrogression for EB-5 India. The bulletin remains consistent in the EB-1 and EB-2 categories for all countries....more

McDermott Will & Emery

Special Report: Examining Group Health Coverage Alternatives for Small Employers - Update

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Originally published in February 2025, this updated report provides new material on physician practice management (PPM) arrangements, reference-based pricing arrangements, minimum essential coverage (MEC) and MEC+ plans, and...more

Bricker Graydon LLP

Pension Plan Notice Requirements Change Before Deadline

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The Department of Labor (DOL) issued guidance earlier this month that will affect defined benefit plans’ annual funding notices. The annual funding notice requirements were amended by SECURE 2.0 and are effective for plan...more

A&O Shearman

EBA publishes report on remuneration and gender pay gap for financial institutions

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The European Banking Authority (EBA) has issued its latest report on remuneration and gender pay gap benchmarking for institutions and investment firms, together with a press release. The report covers information on...more

A&O Shearman

Supreme Court’s Cornell decision sets low pleading bar for ERISA claims

A&O Shearman on

In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 (“ERISA”) litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OMB Solicits Public Comment on Eliminating Regulations, Including OSHA Rules

Every safety professional has an Occupational Safety and Health Administration (OSHA) regulation he or she cannot stand, believes is a waste of time, energy, and/or money, or considers outdated and antiquated. Even the...more

Jackson Lewis P.C.

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

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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

Seyfarth Shaw LLP

The New Standard for Reasonable Accommodations in the Second Circuit

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The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more

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