In only his first week in office, Trump has already dismantled DEI programs within the government, revoked a 60-year old order requiring federal contractors to develop affirmative action programs, and signaled to private-sector employers that their DEI programs are next.  

Continue Reading Analyzing President Trump’s executive orders on DEI: Implications and reactions

Over the past several years, the Federal Trade Commission (FTC) has made several attempts to regulate the U.S. workplace. This includes, perhaps most notably, the FTC’s May 2024 rule attempting to ban virtually all existing and future non-compete agreements nationwide (though, at least for now, that rule has been sidelined by the courts). Against that backdrop, on January 16, 2025, the FTC and the Department of Justice Antitrust Division (DOJ) jointly issued Antitrust Guidelines for Business Activities Affecting Workers.

The guidelines, which replace the 2016 Antitrust Guidance for Human Resource Professionals, examine how the FTC and DOJ assess the legality, under federal antitrust laws, of certain business practices affecting U.S. workers. To that end, the guidelines highlight the following five examples of business practices that the FTC and DOJ consider “potential violations of the antitrust laws”:

Continue Reading Labor mobility remains in the limelight – FTC and DOJ take another swing at regulating the U.S. workplace

On January 15, 2025, the U.S. Supreme Court overturned the Fourth Circuit’s decision in E.M.D. Sale, Inc. v. Carrera, and ruled that the “preponderance of evidence” standard, and not the higher “clear and convincing evidence” standard favored by the Fourth Circuit, is the correct burden of proof in cases involving whether an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). This decision has a notable impact for employers defending misclassification claims brought under the FLSA and resolves a split in the circuits on this issue.

Continue Reading U.S. Supreme Court resolves circuit split on burden of proof dispute for FLSA exemptions

On January 8, 2025, California received a Major Disaster Declaration for the ongoing Southern California wildfires. As the devastating wildfires continue to rage across the Los Angeles area, employers may be wondering how they can support their Southern California workforces while remaining compliant with employment laws. Employers must consider a host of factors, including compliance with tax regulations and wage and hour laws, worker safety, leaves of absence, and worksite closures.

Below are some key tips for businesses with a Southern California presence to consider as they navigate the challenging weeks and months ahead.

Continue Reading How U.S. employers can support their workforces during the Southern California wildfires

While the end of a calendar quarter is a good time to review your business’s HR-related practices and procedures, the start of Q1 seems to be particularly popular. With that in mind, we have compiled the following checklist of potential action items for U.S. employers in Q1 2025:

Vet onboarding paperwork and procedures

Federal law, and in many areas state and local law as well, require that businesses provide new employees, including remote hires, with certain written notices and other materials upon hire. Many businesses also require new hires to sign additional documentation outlining the terms and conditions of employment. To that end, now is a good time to ensure that all new hires are:

  • Receiving any notices required by applicable law. This includes, for instance, any wage-related notices that identify whether the employee will be classified as exempt or non-exempt from overtime pay.
  • Signing any required offer letters, restrictive covenant/confidentiality/works for hire agreements, arbitration agreements, and/or other documents delineating the terms and conditions of employment.
  • Completing any required immigration and tax forms.

Employers should also confirm whether there have been changes to any applicable state and/or local laws relating to the hiring and onboarding process.

Continue Reading HR checklist for U.S. employers to consider in 2025

As New York employers look toward 2025, they should keep the following key dates in mind as it pertains to employee leave and benefit entitlements:

January 1, 2025:

  • New York employers will be required to provide up to 20 hours of paid prenatal leave to pregnant employees during any 52-week period. Such leave may be used for an employee to receive “health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.” This leave is in addition to any other existing leave entitlements.
  • New York’s Workers’ Compensation Law expands to allow workers to file claims for mental injury based on extraordinary work-related stress.
  • The employee contribution rate and benefit amounts under New York Paid Family Leave will increase. The employee contribution rate will increase from .373 percent  to .388 percent and the maximum weekly benefit amount will increase from $1,151.16 per week to $1,177.32 per week.

July 31, 2025:

  • New York’s COVID-19 paid quarantine leave expires. Currently, New York law requires employers to provide paid sick leave in the event of an order of quarantine or isolation related to COVID-19, in addition to other leave entitlements. After the law expires, employees may still use sick leave for COVID-19 related absences in line with New York state and city sick leave laws.

As these dates approach, employers in the Big Apple should ensure that their policies and practices reflect these updates, and that human resources personnel are apprised of these changes.

Workers’ compensation claims are typically an issue about which employers think only in the context of physical workplace injuries. In New York State, however, that may soon be poised to change. On January 1, 2025, the states Workers’ Compensation Law will permit all workers to file claims for mental injury premised upon extraordinary work-related stress. Governor Hochul signed the amendment under A5745 (the Amendment) reiterating New York state’s ongoing effort to support mental health in the workplace.

Continue Reading New York amends workers’ compensation law to include mental injury

On November 16, 2024, the New York Clean Slate Act went into effect. The Act provides for the automatic sealing of a broad swath of criminal convictions after a certain period of time and requires employers to comply with new disclosure obligations when obtaining criminal history information in connection with employment actions.

Sealed convictions

The Act requires the New York State Unified Court System to seal certain criminal convictions no later than November 16, 2027. These include misdemeanor and felony convictions under New York penal law (not federal law), which must be sealed three years and eight years, respectively, after a defendant’s release from incarceration or imposition of sentencing, whichever is later. 

Automatic sealing does not apply to any convictions for sex offenses or non-drug related Class A felony offenses. In addition, records cannot be sealed where a defendant has a subsequent criminal charge pending in New York or any other jurisdiction (with limited exceptions to out-of-state pending charges), or where the defendant is on parole or probation.

Continue Reading New York Clean Slate Act and sealed convictions: what employers should know

As we previously reported, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of paid prenatal leave. Employees will be able to take such leave for prenatal healthcare service appointments during their pregnancy or related to their pregnancy.

New York State recently issued FAQ guidance explaining certain aspects of the new law. The guidance, among other things, clarifies that:

Continue Reading New York issues FAQ guidance on upcoming paid prenatal leave

California voters have rejected a ballot measure that would have increased the state’s minimum wage to $18 on January 1, 2025. Defeated by a narrow margin of 50.82 percent to 49.18 percent, Proposition 32 would have made California the first state in the Union to have an $18 minimum wage. The California Chamber of Commerce and California Restaurant Association praised the outcome as a win for businesses and consumers who have seen costs rise in recent years.

Continue Reading California voters vote no on $18 minimum wage