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Labor & Employment Professional Malpractice

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

Statutory retirement age reform in China

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According to the 2023 National Aging Development Bulletin released by the Ministry of Civil Affairs and the National Aging Office on October 12, 2024, China's elderly population aged 60 and above, as of the end of 2023, has...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Paul Hastings LLP

Ruling of the German Federal Labor Court on the Invalidity of Expiry Clauses in ESOP/VSOP - Applicability of the Ruling to MEPs

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On March 19, 2025, the German Federal Labor Court ("BAG") ruled that clauses that qualify as general terms and conditions and stipulate that virtual option rights that are already vested at the time of termination of an...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

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On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

Parker Poe Adams & Bernstein LLP

When Does an Employee's Anxiety Trigger ADA Accommodation Obligations?

Most human resource professionals can attest to meeting with employees who state that they are struggling with anxiety issues that affect their work performance. ...more

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

Parole Programs for Cuban, Haitian, Nicaraguan, and Venezuelan Nationals Terminated by DHS

On March 25, 2025, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register announcing the immediate termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs. ...more

Conn Maciel Carey LLP

Virginia Governor Youngkin Vetoes Workplace Violence Prevention Bill, HB 1919

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As previously reported, on March 7, 2025, the Virginia House of Delegates passed House Bill 1919 (HB 1919), which would have required large employers—those with 100 or more employees—to implement workplace violence prevention...more

Ropes & Gray LLP

Updated UK Modern Slavery Act Guidance Published – An In-depth Look at the Statement Content Guidance

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The UK Home Office has updated its modern slavery guidance. The updated guidance – the most significant refresh since the guidance was issued almost ten years ago – is intended to explain how businesses should comply with the...more

Amundsen Davis LLC

EEOC Sets Its Sights on DEI Programs: What Employers Need to Know

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The Equal Employment Opportunity Commission (EEOC) recently announced that it will be examining DEI programs for potential violations of Title VII following President Trump’s executive orders regarding DEI programs and the...more

Sands Anderson PC

Virginia Employment Laws: What Governor Youngkin Just Vetoed and Why It Matters

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As the Virginia General Assembly reconvenes next week, employers and employees alike should take note of the recent employment-related legislation that was vetoed, substituted, or approved by Governor Glenn Youngkin. While a...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

ArentFox Schiff

Major Restructuring of the US Department of Health and Human Services

ArentFox Schiff on

On March 27, the US Department of Health and Human Services (HHS) announced a significant restructuring initiative in accordance with President Trump’s Executive Order, “Implementing the President’s Department of Government...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Frantz Ward LLP

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

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For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Littler

Virginia Amends Threshold Compensation Level for Ban on Non-Competes for “Low-Wage Employees”

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On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to...more

Littler

Puerto Rico Executive Order 2025-015 Targets Pilot Program for the Incorporation of Project Labor Agreements

Littler on

On March 19, 2025, Puerto Rico Governor Hon. Jennifer A. González repealed several sections of Executive Order 2022-014 (“EO-2022-014”) through Executive Order 2025-015 (“EO-2025-015”). EO-2022-014 established the “Pilot...more

Polsinelli

Navigating Whistleblower Protections and Compliance with DEI Executive Orders

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As Polsinelli has discussed, President Donald Trump issued Executive Order No. 14151 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and Executive Order No. 14173 titled “Ending Radical and...more

Littler

Dear Littler: Do We Need to Compensate Employees for Travel Time and Other Time Spent Incidental to Work?

Littler on

Dear Littler, We are a nursing services company with employees in various states, some of whom work remotely. Recently, some employees have been asking to be paid for time spent commuting to client sites or into our offices....more

Bradley Arant Boult Cummings LLP

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least five lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more

Eversheds Sutherland (US) LLP

Film Room: State of Tennessee, et al. v. NCAA, House, Johnson

In this week’s Film Room, we get you up to speed on action this past week in the following cases: - State of Tennessee, et al. v. NCAA - House - Johnson State of Tennessee, et al. v. NCAA - On March 21, 2025, the...more

A&O Shearman

Will Labour’s policy prescription create a stronger UK life sciences sector?

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The UK government plans to turbocharge the life sciences sector using policy levers to enhance research and development, innovation hubs, and private fundraising. In this piece, Michael Bloch explores how refinements to...more

Perkins Coie

Texas Lawmaker Introduces Bill To Ban Noncompete Agreements

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Texas Representative Christina Morales (D) introduced Texas House Bill 4067 (HB 4067), which seeks to prohibit most noncompete agreements in the state of Texas, on March 7, 2025.  This bill, if enacted, would broadly restrict...more

A&O Shearman

UK Pensions: What's new this week - March 24, 2025

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Welcome to your weekly update from the A&O Shearman pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. TPR pledges to support growth - The government has...more

Orrick, Herrington & Sutcliffe LLP

Verfall von virtuellen Optionsrechten bei Eigenkündigung – Good Leaver oder Bad Leaver?

Das Bundesarbeitsgericht (BAG) hat am 19. März 2025 (10 AZR 67/24) entschieden, dass eine Regelung in einem Mitarbeiterbeteiligungsprogramm unwirksam ist, die einen Verfall von gevesteten virtuellen Optionsrechten bei einer...more

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