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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Faegre Drinker Biddle & Reath LLP

Things I Worry About (6): Automatic Enrollment (5) and PEPs

SECURE 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan year...more

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

Congress Declines to Extend HDHP First-Dollar Telehealth Coverage Relief

After Congress declined to extend certain relief allowing first-dollar coverage of telehealth services by high-deductible health plans (HDHPs), health plan sponsors may need to make immediate changes to preserve employees’...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Adopts “Meaningful Benchmark” Pleading Standard in ERISA Cases

In Singh v. Deloitte LLP, et al., No. 23-1108, 2024 WL 5049345 (2d Cir. Dec. 10, 2024), the Second Circuit Court of Appeals upheld a district court’s dismissal of a complaint alleging that plan fiduciaries caused an...more

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

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Bradley Arant Boult Cummings LLP

New Year, New Leave Laws – Understanding State Leave Law Updates Effective January 1, 2025

When did you last look at your employee leave policies? As the calendar turns to a new year, new changes often arrive, and 2025 is no exception. Employers should take note of the recent updates to state leave laws that went...more

Bricker Graydon LLP

Self-Correction of Late Deferrals Will Soon be Permissible (Sometimes)

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The U.S. Department of Labor (DOL) issued a revised Voluntary Fiduciary Compliance Program (VFCP), a long-awaited update by many in the industry. The most significant change is the introduction of a self-correction component,...more

BakerHostetler

Jan. 14 - Likely the FTC’s Final Open Commission Meeting

BakerHostetler on

On Jan. 14, Lina Khan chaired what was likely the final open commission meeting of her time as chair of the Federal Trade Commission (FTC) and perhaps the final open commission meeting for the foreseeable future....more

Dorsey & Whitney LLP

The Supreme Court Update - January 15, 2025

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The Supreme Court of the United States issued two decisions today: E.M.D. Sales, Inc. v. Carrera, No. 23-217: This case concerns the standard of proof that an employer must meet to show an exemption applies to the Fair...more

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

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Smith Anderson

White Paper | NLRB Biden Board Recap & What Comes Next?

Smith Anderson on

With the United States Senate’s rejection of National Labor Relations Board ("NLRB" or "Board") Chair Lauren McFerran’s reconfirmation on December 11, 2024, President Biden’s pro-labor era at the NLRB came to an end, and the...more

Conn Maciel Carey LLP

[Webinar] The Future of Workplace Law: 2025 Predictions - January 23rd, 1:00 pm ET

Conn Maciel Carey LLP on

The incoming Presidential administration and its agenda raise valid questions about the future roles, responsibilities, scopes of authority, and priorities of the Department of Labor, the EEOC, the NLRB, and the Federal...more

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

Second Circuit Revives New York Reproductive Health Bias Law’s Notice Requirement for Employee Handbooks

On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the...more

Jackson Lewis P.C.

H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?

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Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. Recent statements by Trump advisors Elon Musk and...more

Jackson Lewis P.C.

Massachusetts Pay Transparency Law: What Employers Need to Know Before February

Jackson Lewis P.C. on

Last July, Massachusetts joined a growing number of states mandating that employers provide pay transparency to employees. The Massachusetts pay transparency law also includes a wage data reporting component that requires...more

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

February 2025 Visa Bulletin 1-Month Advancement for EB-3 China, and 14-day Progression for EB-2 and EB-3 India

U.S. Citizenship and Immigration Services (USCIS) has announced that it will be utilizing the final action dates chart for the upcoming February 2025 Visa Bulletin. This update reflects slight progression in priority dates...more

Lewitt Hackman

Los Angeles Fires: Employers Should Weigh Employee Needs With Current Laws

Lewitt Hackman on

The recent wildfires in Los Angeles have significantly impacted businesses and their employees – employers should be aware of their responsibilities to support their workforce during this challenging time. ...more

Vedder Price

Expanded Employee Whistleblower Protections Are in Effect in Illinois

Vedder Price on

Changes to the Illinois Whistleblower Act (“IWA”), 740 ILCS 174/1 et seq., took effect on January 1, 2025. The amended IWA broadens the scope of protected employee activity to include an employee’s internal report of (threat...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Miller Canfield

American Airlines Breaches Fiduciary Duty of Loyalty with BlackRock ESG Funds in 401(k) Plans

Miller Canfield on

Whether, and the extent to which, a plan fiduciary can consider nonpecuniary environmental, social and governance (“ESG”) objectives in selecting plan investments has been a hot-button issue for many years, with the view on...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Need to be vigilant on keeping those 401(k) deferrals

With a new administration in the White House, tax legislation will certainly be on the plate. As we know with the last tax bill, great tax deductions and subsidies could be on the chopping block to pay for tax cuts. ...more

Bricker Graydon LLP

[Event] Corporate Counsel Conversation - January 29th, Columbus, OH

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Join us for Bricker Graydon's annual Corporate Counsel Conversation, hosted by the Walker Link Leadership Group and moderated by Jackie Lewis. This event brings in-house counsel and organizational leaders together to explore...more

Fisher Phillips

SCOTUS Delivers Win to Employers in Overtime Exemption Cases by Rejecting Higher Standard of Proof: Key Takeaways

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The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more

Bass, Berry & Sims PLC

BREAKING: DOL Expands the Voluntary Fiduciary Correction Program

Bass, Berry & Sims PLC on

Yesterday, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage...more

Fisher Phillips

The Visa Bulletin for February: Final Action Chart and an Employer’s Immigration Action Plan

Fisher Phillips on

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Fisher Phillips

Employers to Face Increased OSHA Penalties For 2025: How You Should Develop Your Workplace Safety Strategy for the New Year

Fisher Phillips on

Employers will face higher penalties for workplace safety violations in 2025 now that the U.S. Department of Labor has just published its listing of annual increases. These yearly increases to OSHA’s maximum civil penalties...more

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