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Labor & Employment law-news Insurance

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

New Massachusetts Workforce Data Reporting: Covered MA Employers Must Submit Most Recent EEO Reports By February 3, 2025

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Real World Impact: A recently enacted Massachusetts law requires employers with 100 or more employees in the state to submit a copy of their most recently filed EEO reports to the state by February 1 annually (or the next...more

Littler

Littler Lightbulb: December Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more

Polsinelli

Supreme Court Unanimously Clarifies Burden of Proof for FLSA Exemptions

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On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, finally clarifying the standard of proof for employers to demonstrate an employee is properly exempt...more

FordHarrison

SCOTUS Resolves Circuit Dispute on FLSA Evidence Standards, Clarifying Lower Evidentiary Burden for Employers

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Real World Impact:  In a unanimous decision issued on January 15, 2025, the Supreme Court of the United States ruled that the “preponderance of evidence” standard applies to employers seeking to prove an employee exemption...more

McDermott Will & Emery

How Employers Can Aid Employees Impacted by the Los Angeles Wildfires

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Over the past two weeks, wildfires have caused substantial loss and damage to homes and communities in Los Angeles, California, and the surrounding areas. In the wake of such devastation, employers may seek opportunities to...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

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Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

Conn Maciel Carey LLP

[Webinar] OSHA’s 2024 Year In-Review and Lookahead to OSHA Under a Second Trump Administration - January 28th, 1:00 pm ET

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The ball has dropped, the confetti has been swept out of Times Square, and 2024 is in the books. It’s time to take a look back and take stock of what we learned from and about OSHA over the past four years of the Biden/Harris...more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

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

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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?

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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

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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

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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

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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

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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

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