Ogletree Deakins

Quick Hits On February 26, 2025, the Supreme Court of the United States heard oral arguments in a lawsuit, Ames v. Ohio Department of Youth Services, claiming a state agency discriminated against a straight employee because she is straight. The Supreme Court is expected to decide whether an employee who is part of a majority group must also meet the “background circumstances” rule in proving discrimination. The background circumstances rule…

Quick Hits Employers are required to comply with all aspects of the law by the June 1, 2025, effective date. The definition of “musculoskeletal injuries and disorders” was replaced by “work-related musculoskeletal disorders,” making it clear that the musculoskeletal disorder must be work-related. The amendment expands who is qualified to conduct the worksite evaluation. Employee input is required in worksite evaluations. Expanded Definitions The amendments expand the definition of “musculoskeletal…

Quick Hits A federal court in Minnesota recently ruled that the ADA’s “public accommodations” provision applies to websites, aligning with other courts that have made similar decisions. The plaintiffs who filed the suit claimed that the defendant’s website was not accessible to individuals with vision-related disabilities. The court rejected the argument that the ADA only applies to physical places of public accommodation, emphasizing the law’s broad evolving nature and denying…

Quick Hits Beginning in March 2025, employers applying for an EPRC certificate will be required to provide new data including hourly/salary status, base hourly rate for hourly workers, and to answer whether employees are covered by a collective bargaining agreement. IDOL will be providing a new data template in March to provide employers with further information regarding required data and corresponding formatting. IDOL is stepping up enforcement efforts, as shown…

Quick Hits If signed into law by Governor Youngkin, Virginia’s High-Risk Artificial Intelligence Developer and Deployer Act (H.B. 2094) will go into effect on July 1, 2026, giving affected businesses plenty of time to understand and prepare for its requirements. The legislation applies to AI systems that autonomously make—or significantly influence—consequential decisions, such as lending, housing, education, and healthcare, and potentially job hiring as well. Although H.B. 2094 excludes individuals…

Quick Hits On February 19, 2025, Québec Minister of Labour Jean Boulet introduced legislation that would ensure necessary services are maintained during strikes or lock-outs to protect public well-being. The bill would empower the government and the Administrative Labour Tribunal to ensure necessary services are maintained during work stoppages, balancing the right to strike with public welfare. The bill would allow the minister of labour to refer disputes to arbitration…

Quick Hits Updated interview waiver criteria limits eligibility to those seeking a visa renewal in the same category and only if their most recent visa expired within twelve months prior to the application. Visa appointment wait times are likely to increase. Consulate action such as scheduling interviews for those already issued drop box appointments who may now be ineligible remains unclear. The State Department updates followed the recent changes to…

Quick Hits A federal court in Maryland preliminarily blocked the Trump administration from enforcing executive orders that seek to eliminate DEI programs and initiatives in the federal government and private sector. The court found the executive orders are likely unconstitutionally vague, lack clear definitions, and potentially discriminate against certain viewpoints in violations of the First Amendment. The ruling provides some temporary relief for federal contractors and other private employers that…

Quick Hits On February 21, 2025, Michigan Governor Whitmer signed an amendment to the Earned Sick Time Act, providing several employer-friendly changes. Employers with ten or fewer employees now have until October 1, 2025, to comply. Highlights of the amendment include clarifications regarding covered employer qualifications, benefit accruals, employee eligibility, and benefit amounts. Quick History In 2019, Michigan enacted the Paid Medical Leave Act (PMLA) in response to an adopted…

Quick Hits Alabama’s “‘What Is a Woman?’ Act” applies “wherever state law classifies individuals on the basis of sex or otherwise mentions individuals as being male or female, men or women, or boys or girls.” According to the act, there are only two sexes: male and female. Under the act, public entities may establish certain single-sex spaces or environments without running afoul of anti-discrimination laws. The act becomes effective on…

Quick Hits Under recently enacted state legislation, undocumented immigrants in Florida will no longer be eligible for in-state tuition benefits at public colleges and universities. Any undocumented immigrant convicted of a capital felony will face the death penalty. A new State Board of Immigration Enforcement will be created, and more than $298 million will be allocated to law enforcement for immigration-targeted hiring and training, including bonuses to officers who cooperate…

Quick Hits Expanded Risk Evaluation: Public employers will have to include “abusive conduct and bullying” in their workplace risk evaluations. Enhanced Reporting Systems: Existing reporting systems for incidents of aggressive behavior will have to be amended to include reporting “abusive conduct and bullying.” Broader Training Requirements: Existing training requirements will be expanded to require training on how to identify, prevent and report workplace “abusive conduct and bullying.” Lack of Definitions:…

Quick Hits The U.S. State Department has revised drop box eligibility criteria, limiting it to applicants renewing a visa in the same class that is either still valid or expired within the last twelve months (a departure from the previous forty-eight-month policy for any visa class). Despite efforts to streamline processing, visa appointments for certain nonimmigrant categories remain backlogged by more than a year. U.S. Mission India broke records in…

Quick Hits NLRB Acting General Counsel William B. Cowen rescinded numerous memoranda from his predecessor, Jennifer Abruzzo. The rescinded memos included key guidance on various labor issues, such as the employee status of college athletes, remedies, and the legality of noncompete agreements and other restrictive covenants. In Memorandum GC 25-05, the newly installed acting general counsel rescinded at least eighteen prior general counsel memos and named more that are “rescinded…

Quick Hits On February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for a certain period of time or reimburse an employer certain moneys. This action reverses the…

Quick Hits New York’s General Obligations Law (GOL) § 5-336 and Civil Practice Law and Rules (“CPLR”) § 5003-B both impose strict requirements on nondisclosure clauses in matters involving discrimination claims, including that the inclusion of such clauses in a settlement agreement be at the plaintiff’s preference. The U.S. District Court for the Eastern District of New York recently held that an unsigned GOL § 5-336 and CPLR § 5003-B…

Quick Hits Employers may need to provide religious accommodations to Muslim workers during the month of Ramadan. Ramadan will begin on the evening of February 28, 2025, or March 1, 2025, depending on the moon. Ramadan will end on the evening of March 29, 2025, or March 30, 2025, with the Eid al-Fitr holiday to begin the following day. Ramadan is expected to begin on the evening of February 28,…

Quick Hits Nevada OSHA has introduced a new regulation to protect employees from heat illness, with enforcement starting on April 29, 2025. The heat illness regulation requires Nevada employers with more than ten employees to create a written safety program and conduct a job hazard analysis (JHA). Employers are required to provide training on heat illness prevention, provide rest breaks, ensure access to potable water, and designate a person to…

Quick Hits Tax connections: Establishing a PE can result in the obligation to file corporate taxes abroad. Local registration: Although PE is primarily a tax concept, it may coincide with requirements to register with local business authorities as a foreign entity conducting business in the country. Understanding ‘Permanent Establishment’ A company’s business activities may create a significant economic presence that could trigger tax liability abroad. Usually, tax authorities look for…

Quick Hits A coalition of DEI advocates has initiated a legal challenge against President Trump’s executive orders to eliminate diversity, equity, and inclusion programs, claiming they are unconstitutional and infringe on free speech rights. The lawsuit argues that the vague language of the executive orders creates uncertainty that could lead to discriminatory enforcement against those promoting lawful DEI efforts. The U.S. Office of Personnel Management has provided guidance to federal…

Quick Hits New York State’s paid prenatal leave law, which went into effect on January 1, 2025, requires that employers provide employees twenty hours of paid leave per year to receive prenatal care. The NYSDOL recently released new guidance in the form of answers to frequently asked questions (FAQs) to assist employers in understanding and implementing the new requirements under the Paid Prenatal Leave Law. In part, the DCWP’s proposed…

Quick Hits California’s updated guidance adds a new racial/ethnicity category for the 2024 reports—”Middle Eastern or North African” (MENA). The deadline for filing the 2024 California pay reports is May 14, 2025, and the platform opened for new filings on February 3, 2025. California requires covered employers to file payroll employee reports for their own employees and requires covered employers to file labor contractor employee reports for their labor contractor…

Quick Hits The fiscal year 2026 H-1B cap registration period will open at noon ET on Friday, March 7, 2025, and will remain open until noon ET on Monday, March 24, 2025. Prospective cap-subject H-1B petitioners and their representatives must use a USCIS organizational account online to register beneficiaries and pay required fees. USCIS’s new H-1B registration fee of $215 per registration will be in effect for this year’s H-1B…

Quick Hits Premier Doug Ford has called for an Ontario provincial election to be held on February 27, 2025, requiring employers to provide eligible employees with three consecutive hours of paid time off to vote if their work schedules do not already allow for it. Employees must be Canadian citizens, eighteen years of age or older, and residents of Ontario to be eligible for voting time off. An employer can…

Quick Hits New and ongoing litigation at the DOJ’s Civil Rights Division is essentially frozen indefinitely. The freeze could have implications for the Immigration and Employee Rights Section, which handles claims of citizenship discrimination. Hidden among a flurry of executive orders, within the first week of President Trump’s second term of office, the media reports the DOJ issued a freeze memorandum to its Civil Rights Division, which is the arm…

Quick Hits Employers may want to proactively address the potential for increased absenteeism on the Monday following the Super Bowl, often called “Super Sick Monday.” With heightened excitement leading up to the game, employers may want to address the potential for distractions and loss of productivity. The National Football League’s (NFL) Kansas City Chiefs will play the Philadelphia Eagles in Super Bowl LIX in New Orleans, Louisiana. Surveys show that…

Quick Hits President Trump appointed William B. Cowen as acting general counsel of the NLRB. The appointment comes after President Trump, in the past week, discharged former NLRB General Counsel Jennifer Abruzzo and her replacement, NLRB Acting General Counsel Jessica Rutter. President Trump also removed NLRB Member Gwynne Wilcox. The NLRB said that field offices will continue to process unfair labor practice and representation cases. Acting General Counsel Cowen has…

Quick Hits OCR will enforce Title IX protections under the 2020 Title IX Rule, not the 2024 Title IX Final Rule. The 2020 Title IX Rule provides procedural protections for complainants and respondents and requires supportive measures. The 2024 Title IX Final Rule, which was criticized for impermissibly expanding the definition of “sex” to include gender identity and other categories, has been invalidated by federal courts. OCR’s new course for…

Quick Hits Under the Neonatal Care (Leave and Pay) Act 2023, employed parents whose babies are admitted to neonatal care within the first twenty-eight days of birth and remain in hospital for at least seven consecutive days have a right to up to twelve weeks of leave and pay. The act aims to allow new parents necessary time during challenging circumstances without interfering with their maternity, paternity, or parental leave.…

Quick Hits The SCHA requires that higher education institutions participating in Title IV of the Higher Education Act of 1965 programs collect, report, and publicly disclose hazing-related incidents and implement hazing prevention and awareness programs. The SCHA also mandates that institutions, as part of their Clery Reports, begin collecting hazing data and statistics as of January 1, 2025, and include, among other items, all hazing incidents that were reported to…

Quick Hits Healthcare employers will have to navigate several labor and employment law issues in 2025, including a potential continued rise in union organizing, new restrictions on the use of noncompete agreements, emerging workplace safety risks, compliance concerns, additional pay transparency laws, and immigration regulatory and enforcement changes. The issues arise as the new presidential administration seeks to shift federal policy on several of the key issues, including labor relations…

Quick Hits President Trump removed two of the three Democratic commissioners on the EEOC. The removals leave the EEOC with two remaining commissioners and likely will lead to a Republican majority that will push the president’s agenda, including recent executive orders. The unprecedented action is likely to lead to legal challenges regarding the grounds for removing the EEOC commissioners. According to media reports, on January 28, 2025, Commissioners Burrows and…

Quick Hits President Trump removed NLRB member Gwynne Wilcox and discharged NLRB general counsel Jennifer Abruzzo, marking a significant shift in the Board’s leadership. Wilcox’s removal leaves the NLRB without a quorum (minimum of three members) to hear cases, raising questions about the legality of the dismissal and potential court challenges. According to media reports, President Trump removed Wilcox, a President Biden Democratic appointee to the Board, on January 27,…

Quick Hits The deadline for filing the 2024 California pay reports is May 14, 2025, and the filing platform will open for new filings on February 3, 2025. California requires covered employers to file payroll employee reports for their own employees and requires covered employers to file labor contractor employee reports for their labor contractor employees. The California Civil Rights Department has taken legal action against employers that have failed…

Quick Hits On January 16, 2025, the FTC and DOJ issued their “Antitrust Guidelines for Business Activities Affecting Workers.” The guidelines identify five nonexhaustive types of agreements and policies that may constitute violations of antitrust laws by hindering commercial competition and restricting the free movement of employees. The dissenting statement issued by two FTC commissioners indicates the guidelines may be short-lived. Following the recent change in presidential administrations, employers are…

The judge described the executive order as “blatantly unconstitutional.” The executive order limiting birthright citizenship asserts that children born in the United States on or after February 19, 2025, who do not have at least one lawful permanent resident or U.S. citizen parent, will not have a claim to birthright citizenship. Quick Hits A federal judge in Washington recently granted four states a temporary restraining order halting enforcement of President…

Quick Hits Expanding business into the Middle East may require global employers to navigate unique challenges such as establishing a physical office presence, adhering to distinct workweek structures, and understanding regional tax policies. Employers must comply with requirements around hiring local nationals, employing public relations officers (PROs) for government interactions, and providing specific statutory benefits like reduced Ramadan hours and end-of-service gratuity. Additionally, the process of discharging expat employees involves…

Quick Hits The Fourth Bureaucracy Reduction Act, effective January 1, 2025, simplifies requirements for giving written evidence of employment contracts, allowing now digital agreements for open-ended contracts while maintaining written form for fixed-term contracts. The EU’s AI Act, effective from August 2024, introduces regulations on AI systems, with initial provisions on unauthorized AI use starting February 2, 2025, and further regulations on general-purpose AI models and sanctions taking effect on…

Quick Hits The New Jersey Division on Civil Rights (DCR) issued guidance that explains how an employer’s use of automated decision-making tools can lead to algorithmic discrimination that violates the New Jersey Law Against Discrimination (NJLAD). The guidance does not impose any new obligations on employers but reinforces the importance of NJLAD compliance and instructs that the NJLAD “draws no distinctions based on the mechanism of discrimination.” Given the increasing…

Quick Hits The NLRB GC issued a memorandum addressing potential employer concerns about complying with EEO laws prohibiting discrimination and harassment in the workplace and the NLRA’s protections for employees engaging in concerted activity. The memorandum emphasizes the GC’s view that the NLRA and EEO laws are complementary and “both can and should be given full effect.” The memorandum was issued just days before a changeover in the presidential administration,…