Even in a shifting legal landscape, some things stay constant – such as an employer’s obligation to provide sexual harassment prevention training to its employees. While federal law does not explicitly require all employers to provide sexual harassment training to their employees, many state and local laws either require or strongly recommend that such trainings be given. Moreover, under federal law, an employer’s administration of a harassment training program is the first line of defense in establishing that an employer took reasonable steps to prevent harassment in its workplace. So, while employers may be feeling seismic shifts in other areas, there is no time like the present to review harassment training requirements in select key jurisdictions to stay compliant and harassment-free.
Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs
Posted in Employment Counseling & Workplace Claims Prevention, PrivacyAt a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate wellness programs. These programs promise to reduce healthcare costs, boost productivity, and foster a culture of well-being. But with these benefits come significant potential legal pitfalls, particularly in the areas of data privacy, HIPAA, and disability discrimination.
Supreme Court Eliminates “Background Circumstances” Test in Reverse Discrimination Cases: What Employers Need to Know
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationIn a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In Ames v. Ohio Department of Youth Services, the Court unanimously rejected the “background circumstances” test, a judicial standard requiring white, male, heterosexual, or otherwise majority-group employees to meet a heightened burden when asserting Title VII claims.
The decision eliminates a decades-old rule that raised the bar for white employees and other members of majority groups claiming employment discrimination (otherwise referred to as “reverse discrimination” claims). By eliminating this rule, the Court reaffirmed that Title VII applies equally to all individuals — whether white or nonwhite, male or female, gay or straight — without imposing different legal standards based on group identity.
Trump’s New Travel Ban: What You Need to Know
Posted in Immigration Planning & CompliancePresident Donald Trump recently signed a proclamation reinstating and expanding the United States travel ban. The travel ban takes effect Monday, June 9, 2025, and as such, those affected by the ban should ensure they enter the U.S. before this date. This move, echoing the 2017 policy, aims to address national security concerns but has sparked significant debate and legal scrutiny.
The Do’s and Don’ts of Internships
Posted in Employee Handbooks & Policies, Employment Discrimination Harassment & Retaliation, Wage & HourIt’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have interest. Employers hosting interns this summer, or considering it in the future, need to be aware that hosting interns can present a variety of potential legal issues. Being aware of these issues could be the difference between a positive experience for both intern and employer and a potentially costly legal crisis. Thus, employers need to know the “do’s and don’ts” of hosting internship programs when the new talents arrive this summer.
Employer Talent Acquisition & Retention Alert: U.S. Employers May Soon Lose Access to Critical Chinese Talent Under Emerging F-1 Student Visa and J-1 Exchange Visitor Visa Restrictions on Other International Talent
Posted in Immigration Planning & ComplianceU.S. Secretary of State Marco Rubio recently announced a sweeping new directive: the United States will begin “aggressively” revoking visas of Chinese students, alleged to be in any way affiliated with the Chinese Communist Party (CCP) or studying in designated “critical fields.” This policy has significant implications for U.S. employers who currently employ Chinese international students under Optional Practical Training (OPT), as visa revocations could result in the immediate loss of work authorization and workforce disruptions.
This new pivot by the administration as to Chinese students would be layered upon previously implemented heightened scrutiny and a temporary pause on scheduling new visa interviews for F-1 student visas, J-1 exchange visitor visas, and M-1 vocational visas, overall. The latter two categories are used by U.S. employers to bring exchange visitors and vocational students to the United States. These measures create additional challenges for employers and institutions seeking to recruit international talent through these pathways. As these policies evolve, employers may face increasing difficulties in workforce planning and talent retention.
Time’s Ticking: How to Tackle the 2024 EEO-1 Filing Before the Deadline!
Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, UncategorizedThe 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting window is shorter than usual, and the EEOC has made it clear there will be no extensions. Plus, all communications this year will be electronic — so no paper notices will be sent. Let’s dive into what you need to know.
The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationAs we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector, with the stated goal to return to what it calls a “merit-based” employment landscape, in which diversity initiatives play no role. Now, in a continuation of those efforts, the administration has opened a new front in its anti-DEI crusade, this time seeking to eliminate employer liability under a “disparate impact” theory through a new executive order entitled “Restoring Equality of Opportunity and Meritocracy.”
Florida Has Made the Bold “CHOICE” to Bolster Enforceability of Non-Compete Agreements With a New Law Taking Effect This Summer
Posted in Employment Counseling & Workplace Claims Prevention, Non-Compete & Trade Secret LitigationThe Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based workers. The Act is intended to “encourage optimal levels of information sharing and training and development” by companies with their workers, while further protecting employers’ confidential information and client relationships against the “significant global risks faced by companies” in the state. In essence, Florida is swinging its doors wide open for business, in an attempt to foster even more investment in the Sunshine State. Here’s what employers need to know about the CHOICE Act.
DOL Signals Changes to Independent Contractor Rule
Posted in Employment Counseling & Workplace Claims Prevention, Wage & HourOn May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the Fair Labor Standards Act (FLSA). Going forward, the DOL will apply the framework set forth in a 2008 DOL Fact Sheet. That is, at least until the DOL is able to pass updated guidance, which is fated to occur under the new administration. Although the 2024 Rule remains in effect for private litigants (for the time being), the DOL is sending a strong message that it is changing course on the analysis it will apply as part of its own investigation and enforcement efforts.
