Ogletree Deakins

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…

Quick Hits Wyoming enacted legislation that will void noncompete agreements with employees with limited exceptions. Noncompete agreements will remain permissible in certain contexts, such as the sale of a business, the protection of trade secrets, the recovery of employers’ costs to relocate or train employees, and to restrict post-employment activity of executive or managerial personnel and their key staff. The law also prohibits noncompete clauses in agreements involving physicians and…

Quick Hits The D.C. Circuit Court ruled that President Trump likely has the authority to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause, staying previous reinstatement orders from lower courts. The ruling leaves the NLRB and MSPB without enough members to hear cases. The decision addresses significant constitutional questions regarding the president’s power to remove members of independent agencies, boards, and commissions and Congress’s authority to…

Quick Hits Catherine Eschbach has been named director of OFCCP to “oversee its transition to its new scope of mission.” OFCCP will enforce EO 14173’s revocation of EO 11246, Eschbach said, stating that EO 11246 “had facilitated federal contractors adopting [diversity, equity, and inclusion (DEI)] practices out of step with the requirements” of civil rights laws. Contractors must unwind their EO 11246 compliance within ninety days of the issuance of…

Quick Hits U.S. at-will employment is not common internationally; other countries require valid reasons and advance notice for termination. Statutory severance pay is mandatory in many countries, calculated based on length of service and salary, and non-negotiable. Additional benefits include accrued but unused vacation, pro-rata thirteenth-month salary, earned bonuses, and seniority premiums. Good cause termination requires specific procedures and evidence, making it challenging to avoid severance payments. Employers may want…

Quick Hits In March 2025, the UK government announced amendments to the Employment Rights Bill following a series of consultations. The penalty “protective award” payable to employees when an employer fails to consult properly in a collective redundancy situation would be doubled from 90 to 180 days’ pay. Collective redundancy consultation obligations (which apply when twenty or more redundancies are proposed) would continue to be determined separately for each “establishment”…

Quick Hits The proposed rule would require a plan that incorporates control measures, acclimatization, emergency medical care, and training. The proposed rule would apply to both indoor and outdoor locations. There will be narrow exemptions for incidental heat exposures of fifteen minutes or less within a one-hour period, emergency response operations, telework, and environments where mechanical ventilation systems maintain a heat index below 80 degrees Fahrenheit. The New Mexico Environment…

Quick Hits California legislators have proposed bills in the 2025 legislative session that address pay transparency, automated decision systems, workplace surveillance, paid family leave, and employee training. The legislative session in California will end on September 12, 2025. The governor will have until October 12, 2025, to sign or veto bills passed by the state legislature. California legislators have introduced the following employment law-related bills this session: SB 642 would…

Quick Hits On February 26, 2025, a Wisconsin appellate court ruled that a taxpayer-funded educational grant program for minority students is unconstitutional, citing the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA). The court’s decision to halt the Minority Undergraduate Retention Program underscores the broader implications of the SFFA ruling, suggesting that race-based considerations in state-funded educational assistance programs may…

Quick Hits Covered entities in New York must submit their annual cybersecurity compliance forms to the NYDFS by April 15, 2025, either certifying material compliance or acknowledging material noncompliance. Starting May 1, 2025, new requirements will be implemented, including enhanced access management protocols, vulnerability management through automated scans, and improved monitoring measures to protect against cybersecurity threats. In November 2023, NYDFS amended its comprehensive cybersecurity regulations with the changes set…

Quick Hits The April 2025 final action dates in the EB-1 categories are unchanged for all countries except India, which has moved ahead by two weeks. The April 2025 final action dates in the EB-2 and EB-3 categories for all countries have moved forward. USCIS has confirmed it will accept adjustment of status applications based on the final action dates chart in April 2025. Source: US Department of State, April…

Quick Hits The Department of Education announced a RIF for nearly 50 percent of its workforce. Impacted staff will be placed on administrative leave starting March 21, 2025. Affected employees will receive full pay and benefits until June 9, 2025. Employees are not expected to work during the deferred resignation, voluntary buyout, or RIF periods. The impact of the RIF on the overall operations and responsibilities of the department is…

Quick Hits The Minnesota Department of Labor and Industry issued proposed rules stating that employees anticipated to work over 50 percent in Minnesota in an accrual year would accrue earned sick and safe time leave (ESST) for all hours worked despite location. The proposed rules would allow employers to “advance” ESST hours. The proposed rules also clarify that employees have a choice to use paid ESST or take unpaid and…

Quick Hits Employers considering hosting NCAA bracket pools should be aware of state gambling laws, as the structure of these pools could potentially classify them as illegal gambling. Sweepstakes, as free-to-enter contests, may face fewer legal concerns, but businesses must still comply with specific state regulations that govern such promotional activities. Millions of Americans will fill out brackets for the NCAA Division I Men’s and Women’s college basketball tournaments, often…

Quick Hits The new NLRB acting general counsel tapped by President Donald Trump rescinded twenty-nine prior general counsel memoranda, most of which were issued by his predecessor who served during the Biden administration. The rescinded memoranda included guidance on major labor issues, such as remedies, the legality of noncompete agreements and other restrictive covenants, mandatory employer meetings, and the status of college athletes. In Memorandum GC 25-05, issued on February…

Quick Hits Florida employers are facing a complex landscape of evolving workplace policies and legal requirements in 2025, including updates in discrimination prevention, leave laws, and medical marijuana protections. Employers may want to regularly review and update their workplace policies to ensure compliance with changing laws, particularly in areas like discrimination, harassment, leave policies, and wage disputes. Key updates for Florida employee handbooks in 2025 include removing references to outdated…

Quick Hits The 2025 session of the North Carolina General Assembly is considering employment-related bills related to union organizing and collective bargaining, nondiscrimination in the workplace, noncompete and nonpoaching agreements, and DEI. Senate Bill 120 / House Bill 207 aim to prohibit employers from restricting labor organizations and requiring employees to refrain from union membership as a condition of employment. Senate Bill 154 / House Bill 168 seek to prevent…

Quick Hits Numerous states are introducing or expanding workplace violence prevention laws, particularly in healthcare settings, to enhance employee safety amid rising concerns. Specific legislative proposals, such as Alaska’s SB 49 and Massachusetts’s HD.1856, require employers to implement risk assessments, create violence prevention plans, and provide training to protect employees from workplace violence. In recent years, workplace violence has garnered significant attention from lawmakers across the United States, particularly regarding…

Quick Hits The Trump administration is seeking to pause the FTC’s pursuit of appeals of two district court decisions that blocked the FTC’s rule banning noncompetes, suggesting an expected shift in the government’s approach to the rule. Despite the motions to stay, and though the FTC may not pursue any further formal rulemaking on the issue, FTC Chairman Andrew N. Ferguson is continuing to emphasize his view that noncompete agreements…

Quick Hits An activist group has asked a federal district court to strike down an Illinois law requiring the disclosure of nonprofit organizations’ board demographics. The DOJ has intervened in the case, claiming that the law violates the Fourteenth Amendment. The intervention is part of the DOJ’s effort to eliminate DEI practices nationwide. On March 11, 2025, the U.S. District for the Northern District of Illinois granted the DOJ’s motion…

Quick Hits Companies in Mexico must file their tax returns by March 31 of each year. Annual corporate tax returns show the yearly financial results of any entity and whether there were gains or losses. Tax returns are the starting point for the obligations mandated by the FLL regarding profit sharing. General Content and Rules for the Annual Tax Return In the annual tax return, taxpayers file a report of…

Quick Hits New York lawmakers passed a health information privacy bill that, among other obligations, would require entities to obtain authorization to collect, use, or sell an individual’s health information unless it is “strictly necessary” for certain purposes. The bill broadly defines regulated health information to include data that goes beyond traditional protected health information (PHI) and broadly defines regulated entities to include New York entities and certain non-New York…

Quick Hits South Carolina state lawmakers introduced parallel bills in the state House and Senate that follow other recent executive and agency actions at the federal level and offer additional details not present in federal executive orders, such as definitions of “promoting DEI.” Proposed amendments to the South Carolina Code would require certification of compliance to the General Assembly, as well as require the state auditor to conduct periodic compliance…

Quick Hits S4424/A5411 would invalidate any contractual provision waiving or otherwise limiting any employee’s substantive or procedural rights, remedies, or claims. A636/S4996 would define certain terms in standard form contracts as unconscionable, effectively rendering them illegal and unenforceable. Waiver of Employment Rights Senate Bill No. 4424, introduced on February 4, 2025 (and the identical Assembly Bill No. 5411, introduced on February 13, 2025), would amend the New York Labor Law…

The IWOWA amendment did not change the minimum wage that employers and employees expected to go into effect on February 21, 2025 (at the rate of $12.48 per hour), but did change the minimum wage rates (and effective dates) for future years, and also revised the minimum cash wage rates for tipped employees and corresponding tip credit amounts. Quick Hits On February 21, 2025, Governor Whitmer signed Senate Bill 8,…

Quick Hits The Nevada state legislature commenced its latest legislative session on February 3, 2025. State lawmakers are considering multiple bills that could impact employment law in the Nevada. Employers may want to take note of these legislative developments, which, if passed and enacted, could result in significant changes to Chapters 608 and 613 of the Nevada Revised Statutes (NRS). Here is a breakdown of some of the key bills…

Quick Hits Employees sued Paramount Global and CBS Interactive after mass layoffs in New York in 2024. Employees claim the companies did not provide ninety days’ notice under New York’s Worker Adjustment and Retraining Notification (WARN) Act. But the companies argue they fulfilled their legal duty because the workers stayed on payroll and benefits for ninety days. Some of the laid-off employees worked remotely in other states, and the parties…

Quick Hits In July 2024, TPS for Haiti was redesignated and extended until February 3, 2026. DHS Secretary Kristi Noem reconsidered and partially vacated the 2024 decision, reducing the designation and extension period from eighteen months to twelve months. The initial registration period for new applicants under the 2024 designation and the 2024 Haiti TPS extension will remain in effect until August 3, 2025. On February 24, 2025, U.S. Citizenship…

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…