Ogletree Deakins

Quick Hits The NLRB’s acting general counsel issued a new memo, relaxing requirements for officials to approve settlements related to unfair labor practice allegations. The memo gives NLRB’s regional directors more discretion in crafting settlement agreements to reduce the pending backlog of cases. The new policy takes effect immediately. On May 16, 2025, William B. Cowen, acting general counsel of the NLRB, released a memo to clarify the discretion NLRB…

Quick Hits The EEOC has opened the 2024 EEO-1 Component 1 reporting period, emphasizing that employers must not use the reported demographic data to justify discriminatory employment practices based on race, sex, or other protected characteristics.  EEOC Acting Director Andrea Lucas warned employers that there is no “diversity exception” to Title VII of the Civil Rights Act, even if the data suggests employer policies may have a disparate impact on…

Quick Hits In Ontario, if AI is used to screen, assess, or select applicants, a disclosure may be required directly in the job posting. Employers with fewer than twenty-five employees are exempt from Ontario’s requirement. In Quebec, if a decision is made exclusively through automated processing (such as AI), employers need to inform the individual and offer a mechanism for human review. Across Canada, privacy laws (Quebec, Alberta, British Columbia,…

Quick Hits North Carolina is one of several states that have specific workplace violence prevention laws. North Carolina’s Workplace Violence Prevention Act, N.C. Gen. Stat. Chapter 95, Article 23 (WVPA) allows employers to pursue certain protections on behalf of their employees who face “unlawful conduct” (i.e., physical violence or threats thereof), including by obtaining civil no-contact orders, and to prevent discrimination and retaliation against employees who miss work because of…

Quick Hits Kansas recently enacted a law to make certain written agreements not to solicit customers or employees “conclusively presumed” to be enforceable. The legislation applies to nonsolicitation agreements between businesses and their owners, which are limited to four years after the end of their business relationship, and agreements with employees, which are limited to two years following employment. The legislation will take effect on July 1, 2025. Kansas Senate…

Quick Hits For the first time, a French court has ruled on the implementation of AI processes within a company, emphasizing the necessity of works council consultation even during experimental phases. The Nanterre Court of Justice determined that the deployment of AI applications in a pilot phase required prior consultation with the works council, leading to the suspension of the project and a fine for the company. The ruling highlights…

Quick Hits A federal judge recently paused litigation over the 2024 mental health parity regulations focused on nonquantified treatment limitations. The Trump administration is considering rescinding or adjusting the rules. The federal agencies will not enforce the 2024 rules in the short term. On May 12, 2025, the U.S. District Court for the District of Columbia agreed to stay a lawsuit brought by the ERISA Industry Committee to block the…

Quick Hits The Missouri paid sick time statute requires Missouri employers to provide earned paid sick time, starting May 1, 2025. On May 14, 2025, the Missouri General Assembly passed HB-567, which would repeal the paid sick time statute. If signed by the governor, the law will be repealed effective August 28, 2025. Proposition A, which Missouri voters passed via a ballot measure on November 5, 2024, includes a provision…

Quick Hits A bill in the New York State Assembly would prohibit employers from inquiring about applicants’ salary expectations. The bill also would prohibit employers from refusing to interview, hire, or promote workers based on their stated salary expectations. New York law already prohibits employers from asking for an applicant’s salary history. The bill, 2025-A1289, would also prohibit employers from relying on pay expectations that the applicant voluntarily shares in…

Quick Hits The 2025–26 New York state budget includes significant amendments to the New York Labor Law, impacting wage-and-hour enforcement, liquidated damages, and child labor penalties. The amendments bring long-awaited clarity to New York pay frequency claims, including interest-only damages for a first violation. The amendments grant the New York State Department of Labor (NYSDOL) enhanced enforcement powers, including the ability to impose a 15 percent surcharge on unsatisfied wage…

Quick Hits The proposed New York State Fast Food Franchisor Accountability Act would make fast-food restaurant franchisors jointly and severally liable for violations of Chapter 31 of the New York Labor Law, as well as the New York State Human Rights Law and applicable workers’ compensation laws, to the same extent that they may be enforced against fast-food restaurant franchisees. The proposed act aims to enhance accountability for fast-food restaurant…

Quick Hits Minnesota’s legislative session will conclude with an omnibus bill introducing significant proposed changes to labor and employment laws, with more developments expected by the end of the session on May 19, 2025. A provision in the omnibus bill would mandate that Minnesota employers provide a thirty-minute meal break for employees working six or more consecutive hours and a fifteen-minute rest break every four hours, with penalties for noncompliance.…

Quick Hits President Trump nominated Brittany Panuccio, an assistant U.S. attorney in Florida, to serve as an EEOC commissioner. The EEOC currently has only two commissioners, one less than needed for a quorum. Once the EEOC has a quorum, it will be able to engage in rulemaking, policymaking, and issuing (and, in some instances, rescinding) official guidance that advances the administration’s agenda. By statute, the EEOC is composed of five…

Quick Hits MDHR has revised multiple compliance-related documents for Minnesota government contractors. Key changes include new terminology, workforce certificate application form signature requirements, and more structured reporting periods for annual compliance reports. An annual compliance report must be submitted to MDHR each year, even if the Minnesota contractor does not currently hold a state government contract. Background Companies contracting with Minnesota state departments and agencies, certain metropolitan agencies, and the…

Quick Hits Washington State is on track to enact a “mini-WARN Act” requiring employers with fifty or more employees to provide at least sixty days’ notice before business closures or mass reductions in force. The Washington bill’s notice requirements would go beyond the federal WARN Act. The legislation includes protections for employees on paid family or medical leave, preventing them from being included in mass reductions, except in limited situations.…

Quick Hits On April 24, 2025, the Florida Legislature passed legislation (HB 1219) to permit two new forms of allowed noncompete provisions under Florida law. The new provisions include a covered garden leave provision and a provision limiting a noncompete to a specific geographic area and time period, both of which would be enforceable through injunctive and other relief. If enacted, HB 1219 will become effective on July 1, 2025.…

Quick Hits Implementing an internal process for managing individual rights requests will be key to organizations remaining compliant with applicable data protection laws and managing compliance costs. The role of artificial intelligence and individual rights may lead to organizations undertaking excessive, unnecessary, and costly work when responding to requests. Organizations that fail to respond to DSARs continue to be actively investigated and penalized by regulators in the EU, the UK,…

Quick Hits A federal judge blocked the U.S. Department of Education’s “Dear Colleague Letter” that threatened funding cuts for schools with DEI programs, protecting the plaintiff organizations. The court found the letter vague and a potential infringement of First Amendment rights due to its lack of clear compliance guidelines for schools. The judge noted that the risk of federal funding loss could harm institutions, leading to censorship of DEI discussions.…

Quick Hits The Supreme Court of Missouri recently upheld Proposition A that raised Missouri’s minimum wage on January 1, 2025, and requires employers provide paid sick time to most Missouri employees, starting May 1, 2025. The court found that the summary statement and fiscal note in the 2024 ballot measure were not misleading and did not result in election irregularities. The court dismissed arguments that the initiative violated the Missouri…

Quick Hits The Colorado legislature passed a bill to ban noncompete agreements with doctors, physician assistants, dentists, nurses, and midwives. The bill clarifies when noncompetes can be used in the purchase or sale of a business, including the sale of direct and indirect ownership interests. If signed by the governor, the bill will take effect on August 6, 2025. State law permits noncompete agreements and nonsolicitation agreements with certain highly…

Quick Hits New Jersey Assembly Bill A5433 proposes a five-year phase-out of the tip credit, spanning from 2026 to 2030. The bill would mandate employers pay the full state minimum wage to tipped employees before the addition of tips. Potential consequences include increased labor expenses for businesses, higher prices for consumers, and uncertain effects on the overall income of tipped workers. The tip credit is a legal provision allowing employers…

Quick Hits The Wisconsin Supreme Court interpreted the phrase “any … other offense” in the WFEA to include noncriminal offenses. The court’s interpretation is the final chapter in extended, seesaw litigation resulting from a school district’s decision to fire two employees who allegedly stole scrap metal from the district, pocketing the money they received from recycling the stolen material. The district elected to dismiss the brothers after they were cited…

Quick Hits Under SSB 55408, which amends the Equal Pay and Opportunities Act, Washington employers may now list a fixed pay amount instead of a wage range if only one amount is offered, including for internal transfers; postings that are replicated without employer consent are not considered official job postings. Between the law’s effective date and July 27, 2027, employers have five business days to correct a noncompliant posting after…

Quick Hits The Sixth Circuit upheld a jury verdict against a school psychologist who alleged Equal Pay Act violations after she was offered a lower salary than the salary paid to a male psychologist two years earlier. The court upheld the jury verdict, determining that a reasonable juror could conclude, based on the evidence of budget constraints and market forces, that the pay differential was based on a legitimate business…

Quick Hits Utah, West Virginia, and Wyoming lawmakers recently enacted state laws recognizing only two genders, male and female. The state legislators acted after President Donald Trump issued an executive order establishing that the federal government’s new policy is to recognize only two sexes, male and female, despite contravening federal law. The three states restrict transgender and nonbinary individuals from using public school bathrooms and locker rooms that align with…

Quick Hits State attorneys general from California, Colorado, Connecticut, Delaware, Indiana, New Jersey, and Oregon, as well as the California Privacy Protection Agency, announced the formation of the “Consortium of Privacy Regulators.” While the creation of the Consortium does not reflect a closer alignment in the contents of the actual consumer privacy laws themselves, it will likely heighten regulators’ abilities to enforce those elements of consumer privacy law that are…

Quick Hits A group of forty lawmakers from the U.S. Senate and U.S. House of Representatives sent a letter to the U.S. Secretary of Labor urging her to abandon proposed plans to drastically reduce and restructure OFCCP. The lawmakers raised concerns that the cuts could leave federal contractor workers vulnerable to potential discrimination. The letter comes amidst other OFCCP-related efforts by lawmakers, including the introduction of legislation to codify now-revoked…

Quick Hits The German Federal Labor Court ruled on March 19, 2025, that certain forfeiture clauses in General Terms and Conditions of Business regarding the expiration of virtual stock options upon termination of employment are invalid. The court found that such forfeiture clauses unreasonably disadvantage employees by not adequately considering the work already performed and the associated entitlement to the options. International companies might benefit from decoupling employee ownership at…

Quick Hits Proposition A requires Missouri employers to provide notice by April 15, 2025, summarizing employees’ entitlement to earned paid sick time, starting May 1, 2025. The Supreme Court of Missouri is reviewing a legal challenge to Proposition A that seeks to invalidate the law because it allegedly violates the Missouri Constitution. The Missouri General Assembly—Missouri’s state legislature—is considering multiple bills that would affect the paid sick time benefits provided…

Quick Hits Illinois Governor Pritzker signed several new labor and employment–related laws into effect, such as “E-Verify Limits Under Right to Privacy in Workplace Act” and the “Worker Freedom of Speech Act.” Amendments to current laws, such as the Illinois Human Rights Act, the Illinois Personnel Review Act, and the Illinois Wage Payment and Collections Act, expand the rights of employees. Most notably, the statute of limitations for actions brought…

Quick Hits On March 6, 2025, the UK government announced amendments to the Employment Rights Bill, which outlined updates to the bill relating to zero-hours and agency workers, changes to statutory sick pay (SSP), and expanded bereavement leave entitlements. The amended Employment Rights Bill proposes the establishment of a Fair Work Agency with the authority to enforce employment rights and issue underpayment notices, potentially imposing penalties for unpaid wages, holiday…

Quick Hits FERPA is a federal law that sets out a number of requirements educational institutions that receive federal funding must meet for the protection of student educational records. A recent Executive Order diminishes the federal government’s power to enforce FERPA, heightening concerns that EdTech vendors could use student education data in prohibited ways. However, vendors would do so at their own risk, as the legal landscape surrounding student education…

Quick Hits Senate Bill 36, known as the Georgia Religious Freedom Restoration Act, aims to protect the free exercise of religion by imposing a “compelling interest” test for government actions that may burden religious practices. The bill has significant implications for Georgia schools, including state higher education institutions, as Georgia lawmakers seek to align the state with broader federal policies pushed by the Trump administration. Despite being advanced by the…

Quick Hits The Maryland General Assembly passed legislation delaying the implementation of the paid family and medical leave insurance (FAMLI) program, with contributions starting on January 1, 2027, and benefits beginning by January 3, 2028. The Employment and Insurance Equality for Service Members Act would expand employment protections to include all uniformed services and reserve components, effective October 1, 2025. Legislation amending the Parental Leave Act to clarify that employers…

Quick Hits The California Civil Rights Department finalized modified regulations for employers’ use of AI and automated decision-making systems. The regulations confirm that the use of such technology to make employment decisions may violate the state’s anti-discrimination laws and clarify limits on such technology, including in conducting criminal background checks and medical/psychological inquiries. On March 21, 2025, the Civil Rights Council, a branch of the California Civil Rights Department (CRD),…

Quick Hits USCIS announced that the second half of the H-2B cap was met for FY 2025 on March 5, 2025. The announcement stated that cap-subject H-2B petitions received on or after March 6, 2025, would be rejected. The agency will continue to accept properly filed cap-exempt petitions and petitions for workers qualifying under the supplemental allocation. The H-2B program allows employers to hire foreign national workers to meet their…

Quick Hits On March 31, 2025, a U.S. district court judge issued an order temporarily reinstating Venezuela’s TPS pending further litigation.  Shortly after taking office, Secretary of Homeland Security Noem canceled the extension of the 2021 and 2023 TPS designations for Venezuela and the overall 2023 TPS program for Venezuelans. This court order ensures that Venezuelan TPS holders retain their legal status and employment authorization through October 2, 2026, while…

Quick Hits The Minnesota Legislature’s party divide creates uncertainty for employers, with amendments to key labor laws like Paid Family and Medical Leave and Earned Sick and Safe Time potentially facing delays or requiring bipartisan compromise. Proposed amendments to Minnesota’s Earned Sick and Safe Time Law include delaying penalties for violations before January 1, 2026, making Earned Sick and Safe Time permissive, and changes to leave notice requirements and documentation…

Quick Hits Several states have proposed legislation in 2025 to enhance workplace violence prevention. An OSHRC administrative law judge vacated an OSHA citation against a private security company, ruling that the fatal shooting of a mall security officer was unforeseeable and that the company had adequate workplace violence policies and training. Cal/OSHA will propose a detailed workplace violence prevention standard by December 31, 2025. Proposed State Laws on Workplace Violence…