Ogletree Deakins

Quick Hits Recent case law has indicated a gradual shift toward holding employers liable for employees’ sexual misconduct. To expand this liability for employers while acknowledging the risk of creating too much liability, the rule only applies to sexual assault that meets specific criteria, including only applying in circumstances where the victim is “particularly vulnerable.” This rule only applies to employer-employee relationships and does not create any liability for actions…

Quick Hits Discrimination claims often hinge on the motive behind employment decisions, leading to extensive scrutiny of the decision-maker’s comments, knowledge, and timing, with plaintiffs’ lawyers seeking to expand the field of scrutiny and defense lawyers aiming to limit it to a single, unbiased decision-maker. Involving multiple people in employment decisions can increase the risk of unhelpful evidence and bias claims, as seen in scenarios where delayed communication and additional…

Quick Hits Requests for personal information are increasing across Canada, and timelines are tight. HR teams that plan ahead can avoid last-minute scrambles and compliance headaches. Whether federal, provincial, public, or private, every regime expects careful handling of personal data and specific timelines and exemptions to consider. A clear playbook, trained staff, and mapped data make access requests manageable. The organizations that invest in readiness protect privacy, reduce risk, and…

Quick Hits Legal and operational expectations require employers to protect workers from recognized hazards, respond promptly and proportionately, respect medical privacy, and communicate accurately without stigma in response to mpox cases in the workplace. Mpox spreads primarily through close, personal contact with lesions, scabs, or body fluids, and via contaminated materials, necessitating prompt isolation, targeted cleaning, and practical source control in the workplace. OSHA expects employers to follow established safety…

Quick Hits Cal/OSHA’s High Hazard Unit inspects employers with the highest incidences of occupational injuries and illnesses, using an annual list based on “Days Away, Restricted or Transferred” (DART) rates to target high-risk industries. The 2025-26 High Hazard Industry List, effective October 1, includes new industry groups and shows generally lower DART rates, with the High Hazard Unit conducting 268 targeted inspections last fiscal year. The annual High Hazard Industry…

BillSummaryCurrent StatusAB 250Window to reactivate sexual assault claims. This law establishes a two-year window, from January 1, 2026, to December 31, 2027, to revive civil claims for damages suffered as a result of sexual assault, even if the statute of limitations has expired.Signed into law on October 13, 2025AB 288Labor organization and unfair practices. This law empowers the California Public Employment Relations Board (PERB) to oversee and certify union elections…

Quick Hits A federal court largely dismissed challenges to the NCAA’s former transgender-participation policies but allowed a narrow Title IX claim against the NCAA to proceed to targeted discovery focused on whether the NCAA is a federal funding recipient. The court rejected constitutional claims against the NCAA, reaffirming that the NCAA is not a state actor, and found many claims against Georgia public institutions moot in light of Georgia’s new…

Quick Hits Litigation remains steady and costly. Hundreds of lawsuits and arbitration demands continue to allege that website-tracking technologies—such as pixels, analytics tools, and chat features—violate the California Invasion of Privacy Act and related privacy laws. Despite mixed judicial outcomes, the volume of filings has not slowed. Courts are deeply divided. Some judges have dismissed cases on standing or “contents” grounds, while others allow claims to proceed where third-party vendors…

Quick Hits Data subject rights requests run on short clocks, so having a response strategy is critical for timely and complete compliance. Mistakes commonly occur when businesses contract with vendors, receive and triage data subject rights requests, and engage in recordkeeping exercises during and after responding to the data subject. An increase in regulatory power and inquiry is increasing the risks associated with improper handling of data subject rights requests.…

Quick Hits The November 2025 Visa Bulletin showsno change from last month’s bulletin for employment-based categories for both final action dates and dates for filing. USCIS will continue to accept adjustment of status filings based on the Dates for Filing Chart. The cutoff dates remain consistent with the dates listed in the October 2025 Visa Bulletin. Final Action Dates for Employment-Based Visa Applications Employment- BasedAll ChargeabilityAreas ExceptThose ListedCHINA-mainlandbornINDIAMEXICOPHILIPPINES1stC22DEC2215FEB22CC2nd01DEC2301APR2101APR1301DEC2301DEC233rd01APR2301MAR2122AUG1301APR2301APR23Other Workers15JUL2101DEC1722AUG1315JUL2115JUL214th01JUL2001JUL2001JUL2001JUL2001JUL20Certain Religious…

Quick Hits Chief Financial Officers Act agencies and the U.S. Equal Employment Opportunity Commission must now submit Action Plans on Race and Ethnicity Data to OMB by March 28, 2026, extending the September 28, 2025, deadline that had been imposed when OMB released the SPD 15 revisions in March of 2024. OMB also extended the deadline to update federal information collections of race and ethnicity data to be consistent with…

Quick Hits The Trump administration is scheduled to rescind the Biden-era independent contractor rule, months after the DOL stopped enforcing the current rule. The current independent contractor rule, issued in 2024, adopted the multifactor “totality of the circumstances” test that has been used by the courts for years, albeit with commentary signaling enforcement of various factors in a manner that was wrought with potential challenges for employers. This rule still…

Quick Hits Ohio WARN largely mirrors the federal Worker Adjustment and Retraining Notification (WARN) Act by requiring covered employers to provide sixty days’ advance notice before a plant closing or mass layoff. Ohio WARN includes ambiguities regarding its stated intent and which “mass layoffs” will trigger its notice requirements. Ohio WARN includes state-specific notice content requirements, including “[a] detailed statement explaining the reason” for the closure or mass layoff and…

Quick Hits Oregon’s HB 2957 ensures that Bureau of Labor and Industries resolutions do not shorten the statute of limitations for employment lawsuits. HB 2957 prohibits employers from shortening the statute of limitations in agreements with employees. Many individuals file a charge with BOLI prior to filing suit in court. BOLI will investigate and issue either a finding of substantial evidence, a finding of no cause, or no finding at…

Quick Hits On July 17, 2025, the California state auditor released a report identifying significant deficiencies in Cal/OSHA’s enforcement processes and staffing levels. The audit reviewed sixty case files from fiscal years 2019–20 through 2023–24 and found critical weaknesses in Cal/OSHA’s inspection and documentation practices. The report recommended that Cal/OSHA update its policies, improve inspection processes, enhance abatement verification, address staffing shortages, and modernize systems to better protect California’s workers.…

Quick Hits Employers can challenge OSHA’s findings through the administrative system and, if necessary, seek federal court intervention, though winning on appeal is difficult. Appeals from OSHRC decisions must be filed within sixty days in the appropriate U.S. court of appeals, with strict adherence to initial administrative procedures. Federal courts review OSHRC’s decisions with substantial deference, making it challenging for employers to overturn findings unless they are arbitrary, capricious, or…

Quick Hits An employer’s response to the overzealous union representative varies depending on whether the representative is an employee. While union speech enjoys considerable latitude, threats, intimidation, and persistent hostility that disrupt the workplace cross the line and lose protection. In the case of nonemployees, employers must avoid self-help remedies. They can file an employer grievance and seek interim relief from a neutral third party. Overview of the Cases The…

Quick Hits The European Commission has confirmed that there will be no delay in the implementation of the EU AI Act. On July 10, 2025, the GPAI Code of Practice and related FAQs were published. The GPAI Code of Practice aims to aid compliance with the AI Act’s obligations. A Firm Stance on AI Regulation The Commission’s decision to forge ahead with AI regulations reflects its proactive stance on ensuring…

Quick Hits On May 28, 2025, the Ontario government introduced Bill 30, titled the Working for Workers Seven Act, 2025, building on the six prior Working for Workers Acts. Bill 30 introduces a new unpaid leave for employees receiving group termination notices, would extend the maximum length of layoffs, and would require job posting platforms to implement systems to report fraudulent job postings. Proposed amendments under Bill 30 also include…

Quick Hits The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025, introducing significant changes to immigration policy, including new and increased fees for humanitarian-based applications and employment authorizations. The legislation imposes a new “visa integrity fee” and raises other travel-related fees, impacting visa applicants and frequent travelers. The OBBBA also allocates substantial funding for border security and enforcement, including increased resources for border infrastructure,…

Quick Hits On June 10, 2025, the Pittsburgh City Council passed an ordinance amending the Pittsburgh Paid Sick Days Act, effective January 1, 2026, which includes changes such as employees accruing one hour of paid sick time for every thirty hours worked. Employers with fifteen or more employees must now provide at least seventy-two hours of paid sick time each year, while those with fewer than fifteen employees must provide…

Quick Hits On June 14, 2025, the Maryland Department of Labor reissued proposed regulations for the Maryland Economic Stabilization Act, requiring employers to provide notice of mass layoffs or reductions in force. Maryland’s Economic Stabilization Act mandates sixty days’ written notice for mass reductions in operations, applying to employers with at least fifty employees and triggered by significant workforce reductions. The public has until July 14, 2025, to comment on…

Quick Hits The Supreme Court lifted a lower court’s order that had blocked President Trump’s executive order directing large-scale reductions in force across federal agencies. The ruling temporarily allows the Trump administration to continue its efforts to reorganize the federal workforce under the Department of Government Efficiency initiative while merits-based legal challenges to the planned reductions are pending. The justices stayed a May 22, 2025, preliminary injunction issued by a…

Quick Hits A handful of new Florida laws went into effect on July 1, 2025. New legislation changes the number of hours minors may work and their break entitlements and provides increased flexibility for certain minors who are at least 16 years old. The Florida minimum wage rate is increasing to $14 per hour for nontipped employees and $10.98 per hour for tipped employees. New legislation makes significant changes to…

Quick Hits On June 30, 2025, District of Columbia Mayor Bowser signed emergency legislation that pauses the scheduled tipped wage increase from $10 to $12 per hour on July 1, 2025. On July 1, 2025, the permissible tip credit in the District of Columbia increases from $7.50 to $7.95. The emergency legislation expires on September 28, 2025. Under Initiative 82, the next increase to the minimum cash wage for tipped…

Quick Hits OFCCP is seeking comments on changes to the complaint form for employment discrimination by federal contractors and subcontractors. The proposed changes are requested to update the complaint form to comport with changes brought by Executive Order 14173. OFCCP is seeking approval to revise the Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor form (CC-4) and the Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or…

Quick Hits The California Civil Rights Council has received final approval for comprehensive regulations governing the use of AI and “automated-decision systems” in employment, aimed at preventing discrimination. These regulations clarify that employers must not use “automated-decision systems” that discriminate against applicants or employees based on protected characteristics under California antidiscrimination laws. California joins other states in implementing AI regulations for employment decisions while continuing to explore additional legislation to…

Quick Hits Secretary’s Order 08-2025 lifts the prior abeyance placed on investigative and enforcement activities related to Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). OFCCP stated that it intends to continue processing previously filed and new Section 503 and VEVRAA complaints, and reminded contractors that compliance obligations, including affirmative action programs (AAPs), under both laws remain in effect. Compliance reviews, often referred…

Quick Hits USCIS updated its Policy Manual to require TN employment to be with a U.S. entity, reaffirm the prohibition on self-employment, and clarify that certain foreign employers may no longer qualify. The updated policy narrows eligibility for several TN professions—including engineers, economists, and scientific technicians/technologists—emphasizing degree relevance and job duty alignment. USCIS clarified TN application procedures, including port-of-entry options and documentation standards for foreign degrees and state licensure. Clarification…

Quick Hits The Texas Responsible Artificial Intelligence Governance Act establishes a broad framework for the acceptable development, deployment, and oversight of AI systems in Texas, effective January 1, 2026. The act identifies certain acceptable and unacceptable uses of AI systems, creates the Texas Artificial Intelligence Council to oversee AI governance, and introduces a regulatory sandbox program for testing AI innovations. Enforcement authority is vested exclusively in the Texas Office of…

Quick Hits The Texas Responsible Artificial Intelligence Governance Act establishes a broad framework for the acceptable development, deployment, and oversight of AI systems in Texas, effective January 1, 2026. The act identifies certain acceptable and unacceptable uses of AI systems, creates the Texas Artificial Intelligence Council to oversee AI governance, and introduces a regulatory sandbox program for testing AI innovations. Enforcement authority is vested exclusively in the Texas Office of…

Quick Hits The Supreme Court ruled that federal district courts likely lack the authority to issue universal injunctions blocking presidential actions nationwide. The Court found that the Judiciary Act of 1789 does not provide for universal injunctions, emphasizing that equitable relief must be tailored to the specific plaintiffs involved in a case. The decision will potentially allow the Trump administration to continue enforcing its executive orders despite ongoing legal challenges,…

Quick Hits The Trump administration has sought to end both federal enforcement of antidiscrimination laws based on disparate impact theories and to eliminate employer DEI programs. Even with these shifting priorities, it remains critically important for employers to collect and study applicant and employee demographic data to maintain compliance with equal opportunity and antidiscrimination laws, as well as to be prepared for scrutiny under the Trump administration’s shifting policies. Employers…

Quick Hits The appellate court confirmed that, under the law as it existed prior to July 2024, a former employee could file PAGA claims even eighteen months after leaving employment, regardless of the one-year PAGA statute of limitations for civil penalties. The decision focused on the definition of “aggrieved employee” under the former version of Labor Code Section 2699, emphasizing that standing depended on whether the claimant suffered a Labor…

Quick Hits The Supreme Court held that students bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of bad faith or gross misjudgment. Claims under these statutes “based on educational services should be subject to the same standards that apply in other disability discrimination contexts.” Claims are subject to the same standards as in other disability discrimination contexts: injunctive relief does…

Quick Hits The UK’s Employment Appeal Tribunal ruled that employers must actively seek and consider alternative employment for employees facing redundancy, as highlighted in Hendy Group Ltd v Mr D Kennedy. The EAT’s decision underscores that simply providing a job vacancy list may be insufficient to meet employers’ obligations during redundancy processes. Employers should consider taking proactive steps to support employees facing redundancy, beyond just posting job advertisements, to avoid…

Quick Hits Washington State’s HB 1213 expands job protection rights under the state’s paid family and medical leave program. The amended leave program reduces the minimum increment of time off from eight consecutive hours to four consecutive hours. HB 1213 also broadens health insurance coverage requirements, along with a variety of other miscellaneous changes. HB 1213 expands the Washington Paid Family and Medical Leave (WPFML) program, which is a state-administered…

Quick Hits The MDHR conducts audits (including on-site visits) of workforce certificate holders’ efforts to comply with the MHRA and contractors’ compliance plans. The MDHR is likely to conduct audits of workforce certificate holders at least once during each four-year certification period. How Does the MDHR Analyze Workforce Certificate Compliance? In determining a contractor’s workforce certificate compliance, the MDHR may analyze: the contractor’s compliance with Minnesota’s anti-discrimination laws, MN Rules…

Quick Hits The Supreme Court held that “Tennessee’s law prohibiting certain medical treatments for transgender minors is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and satisfies rational basis review.” The Court reasoned that the state law classifies on the basis of age and medical use—both of which are subject to rational basis review—and not on the basis of transgender status. The Court found…

Quick Hits Minneapolis employers must not discriminate on the basis of an individual’s height, weight, justice-impacted status, or housing status, unless there is a bona fide occupational qualification or other exception. Minneapolis employers must provide reasonable accommodations to individuals with known pregnancy-related limitations. Minneapolis employers must provide religious accommodations for sincerely held religious beliefs, unless doing so would impose an undue hardship on the employer. New Protected Characteristics Under Minneapolis’s…