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Littler

Sixth Circuit Finds Employee’s Guaranteed Weekly Salary Was Based on Daily Rate, Defeating Exempt Classification

Littler on

Despite an employee’s being highly compensated, the Sixth Circuit reversed a summary judgment order from the district court, finding that even though the pipe inspector was highly compensated, his pay was calculated on a...more

FordHarrison

Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump)

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On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....more

CDF Labor Law LLP

Cal. Court of Appeal Affirms Validity of Prospective Meal Break Waivers

CDF Labor Law LLP on

On April 21, 2025, a California Court of Appeal affirmed the validity of prospective, written meal period waivers, so long as they are revocable and not coerced. The case, La Kimba Bradsbery et al. v. Vicar Operating,...more

Lewitt Hackman

New California Regulations Target AI Use in Hiring Employees

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For many, using artificial intelligence is a common part of our everyday lives, particularly in internet searches. But it’s also used in doctors’ offices, schools, and many more workplaces....more

Franczek P.C.

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

Franczek P.C. on

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...more

Littler

Nevada OSHA to Begin Enforcing Heat Illness Prevention Regulation on April 29, 2025

Littler on

The Nevada Division of Industrial Relations (DIR), the principal regulatory agency responsible for workplace safety in Nevada, will begin enforcement of a recently adopted heat illness prevention regulation on April 29,...more

CDF Labor Law LLP

PAGA Update: Cal. Court of Appeal Confirms PAGA Plaintiffs Must Have a Timely Individual PAGA Claim

CDF Labor Law LLP on

In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more

Littler

EEOC Requests OMB Approval for 2024 EEO-1 Reporting Cycle and Updates to Form 462

Littler on

Each year companies across the United States await the EEOC portal opening date so that they can manage and plan their resources to meet the deadline to file their EEO-1 form—a report required by the Equal Employment...more

Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Littler

The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?

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On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University that a plaintiff asserting that a plan and...more

K&L Gates LLP

Q1 2025 New York Artificial Intelligence Developments: What Employers Should Know About Proposed and Passed AI Legislation

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In the first part of 2025, New York joined other states, such as Colorado, Connecticut, New Jersey, and Texas, seeking to regulate artificial intelligence (AI) at the state level. Specifically, on 8 January 2025, bills...more

Mandelbaum Barrett PC

What to Do If ICE Visits Your Hospitality Business: 4 Immigration Compliance Tips for Employers

Mandelbaum Barrett PC on

In today’s regulatory environment, hospitality businesses must be prepared for a wide range of scenarios—including an unannounced visit from U.S. Immigration and Customs Enforcement (ICE). Whether it’s part of a routine audit...more

Littler

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

Littler on

On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

Littler

EU Pay Transparency Directive – Worker’s Right to Receive Information

Littler on

EU countries must implement the regulations of the EU Pay Transparency Directive into local laws by June 7, 2026. The Directive introduces new obligations for employers and rights for workers. This includes workers’ right to...more

A&O Shearman

Germany: employment law aspects of the coalition agreement at a glance

A&O Shearman on

The coalition agreement between the CDU/CSU and the SPD, titled “Responsibility for Germany,” was announced on April 9, 2025. It outlines the future political strategy for Germany, addressing several aspects of employment...more

Clark Hill PLC

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

Clark Hill PLC on

What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive...more

McDermott Will & Emery

PBMs Score a Win in Federal Court Against State Regulation

McDermott Will & Emery on

A recent federal court decision has the potential to tip the balance in an ongoing series of skirmishes over state regulation of pharmacy benefit managers (PBMs). In McKee Foods Corp. v. BFP Inc. d/b/a/ Thrifty Med Plus...more

Troutman Pepper Locke

President Trump Issues Executive Order to Eliminate Disparate Impact Analysis

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President Donald J. Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order aims to eliminate the use of disparate impact liability in all contexts, emphasizing the importance of...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

Seyfarth Shaw LLP on

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Troutman Pepper Locke

Judge Wilken Threatens to Reject House Settlement

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On April 23, U.S. District Judge Claudia Wilken temporarily rejected the terms of the settlement in House v. NCAA, effectively issuing an ultimatum to the parties: fix the roster limits issue or risk blowing up the...more

Secretariat

When the Whistle Blows

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The term “whistleblower” generally refers to a person who anonymously reports suspected corporate misconduct to their employer or to law enforcement or regulatory authorities. This article focuses primarily on current...more

Troutman Pepper Locke

Should I Remain Employed by the Debtor? What to Know About KEIPs and KERPs - Creditor’s Rights Toolkit

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For a debtor in financial distress, having the right team in place to steward the company through a restructuring can mean the difference between success and failure. To incentivize top talent to stay with the debtor and...more

Fox Rothschild LLP

Two business court rulings offer insights on trade secret pleadings, employment agreements, and credibility

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Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s trade secrets (customer lists) and then quit to work for Square...more

Akin Gump Strauss Hauer & Feld LLP

Strengthening Probationary Periods in the Federal Service (Trump EO Tracker)

The Order institutes a new Civil Service Rule XI to ensure agencies effectively utilize probationary and trial periods. Civil Service Rule XI supersedes subpart H and requires agencies to affirmatively determine that the...more

Tonkon Torp LLP

Washington Poised to Update Personnel File Production Requirements

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This week, the Washington Legislature passed HB 1308, a bill that, if signed into law, will change Washington employer’s responsibilities for personnel file requests. While not yet in effect, the governor will likely sign the...more

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