Ogletree Deakins

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…

Quick Hits The Supreme Court of California is poised to determine whether the Federal Arbitration Act preempts a state law requiring timely payment of arbitration fees, which could significantly affect employment arbitration practices. The case arises from a dispute where a former employee sought to void arbitration after the employer paid arbitration fees after a thirty-day deadline imposed by a California statute. The outcome will clarify the interplay between federal…

Quick Hits The proposed “No Robo Bosses Act” (SB 7) in California aims to regulate the use of automated decision-making systems in employment by mandating human oversight and written notice to employees about such systems. The bill would prohibit employers from relying primarily on automated systems for critical employment decisions and allows affected employees to appeal those decisions within a specified timeframe. The No Robo Bosses Act, Senate Bill (SB)…

Quick Hits The Nebraska Healthy Families and Workplace Act requires most Nebraska employers to provide earned paid sick time, starting October 1, 2025. On June 5, 2025, Nebraska Governor Pillen signed a bill that clarifies and amends the Nebraska Healthy Families and Workplace Act. On November 5, 2024, Nebraska voters overwhelmingly approved Nebraska Initiative 436 (also known as the Healthy Families and Workplace Act), which requires employers to begin providing…

Quick Hits On June 4, 2025, President Trump issued a proclamation imposing a full restriction on the entry of foreign nationals from 12 countries and a partial restriction on 7 countries, citing national security and public safety concerns. The order, effective June 9, 2025, imposes travel bans and enhanced screening measures on nations that the proclamation claims have inadequate identity management and information-sharing practices, with a stated goal of preventing…

Quick Hits Starting June 19, 2025, employees in Ontario with at least thirteen consecutive weeks of employment will be entitled to an unpaid leave of absence for up to twenty-seven weeks in a fifty-two-week period for serious medical conditions certified by a qualified health practitioner. Effective July 1, 2025, Ontario employers would be required under the amended law to provide new employees with specific employment information in writing before their…

Quick Hits Arizona Governor Katie Hobbs recently signed Executive Order 2025-09 to enhance worker safety amid rising summer temperatures. The Industrial Commission of Arizona’s Division of Occupational Safety and Health will establish a Workplace Heat Safety Task Force to draft guidelines by the end of 2025. The new guidelines, set to be completed by December 31, 2025, will provide detailed, industry-specific recommendations for managing heat risks in the workplace. Executive…

Quick Hits The Trump administration’s budget proposal seeks to eliminate the OFCCP and transfer enforcement responsibilities for veterans and disability protections to other agencies. Amid the administration’s new labor policies, the DOL has launched an opinion letter program to provide clear guidance on federal labor laws to employers and workers. On May 30, 2025, the DOL released its budget justification for the fiscal year (FY) 2026 federal budget, in which…

Quick Hits The New York Retail Worker Safety Act took effect June 2, 2025, and requires compliance with workplace violence prevention policies and training. The New York State Department of Labor (NYSDOL) released guidance and model templates to help employers comply with the Retail Worker Safety Act. Employees can report violations of the Retail Worker Safety Act through an online complaint form provided by the NYSDOL. NYSDOL Guidance The NYSDOL’s…

Quick Hits In the EU, pay transparency has been identified as a key obstacle to closing the gender pay gap. Directive (EU) 2023/970 aims to close the gender pay gap and promote fair pay practices by increasing transparency and accountability between employers and employees. The principle of “equal value” will require employers to undertake an evaluation exercise to determine where equivalence of the respective value of roles may exist across…

Quick Hits New Jersey will consider new regulations that could significantly limit the classification of workers as independent contractors by clarifying the state’s “ABC test” for determining employment status.  The proposed rules aim to define the control, independence, and business engagement of workers, raising concerns among business groups about increased liability for misclassification.  The proposed regulations will have a sixty-day public comment period, which began on May 5, 2025. On…

Quick Hits The Stronger Workplaces for Nova Scotia Act amends the Workers’ Compensation Act to include Section 89A, which outlines the duties of employers and employees regarding the early and safe return to work of injured workers. This change will come into effect on July 15, 2025. Starting September 1, 2025, the act will also amend the Occupational Health and Safety Act to include psychological health and safety in the…

The first article in this series provided a general overview of the OSH Act and OSHA; the second article examined OSHA’s rulemaking process; the third article reviewed an employer’s duty to comply with standards; the fourth article discussed the general duty clause; the fifth article addressed OSHA’s recordkeeping requirements; the sixth article covered employees’ and employers’ respective rights; the seventh article addressed whistleblower issues; the eighth article covered the intersection…

Quick Hits A jury awarded more than $400,000 in damages to an applicant who was denied employment due to a failed drug test—one that the applicant, a veteran, informed the employer she might fail because of legally prescribed medications she took for PTSD. The EEOC successfully argued that the employer, a retirement community, violated the ADA by failing to allow the applicant to explain her non-negative drug test result. The…

Quick Hits Memorial Day, celebrated on May 26, 2025, is a federal holiday. Many private businesses give workers paid time off. Memorial Day was established to honor and remember men and women who died while serving in the military. Employers can use many different approaches to help veterans and servicemembers feel included in the workplace. Many private employers have employees who are in the National Guard, the Reserves, or previously…

Quick Hits May 30, 2025, is the last day for paying profit sharing (PTU). As of May 31, 2025, the Labor Ministry is expected to start labor inspections to verify compliance with PTU payment requirements, and employees and former employees will become entitled to claim PTU payments and/or get the specifics on why no payment was made to them. Key Considerations for Employers in Mexico Although May 30, 2025, is…

Quick Hits Washington Governor Ferguson signed legislation amending the pay transparency requirements of the EPOA. The amended EPOA provides employers a cure period of five business days after receiving notice of a defective posting to change a posting to comply with the pay transparency requirements. The new law will also allow employers to advertise a single fixed pay amount in job postings instead of a pay range, in certain circumstances.…

Quick Hits The amendment to Mexico’s INFONAVIT law includes new obligations for employers related to deductions allowed under INFONAVIT per the loans granted by said authority. Evidence of compliance with the new obligations must be presented before September 17, 2025. New Obligations for Employers Per the amendment, employers must adjust their systems and processes to determine, make, and enter deductions from the salaries of employees who are granted INFONAVIT loans.…

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…