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Quick Hits Texas reached a $1.4 billion settlement with a social media company over technology that allegedly unlawfully captured the facial geometry of millions of users in the state. The settlement comes after a $650 million settlement for similar claims under Illinois law in 2021. The settlements point to a broader trend of increased scrutiny and enforcement of privacy laws concerning biometric information. On July 30, 2024, Texas Attorney General…

Quick Hits Effective January 1, 2025, all employers that have thirty or more employees in Minnesota will be required to provide salary ranges and a general description of benefits in job postings—seemingly, including Minnesota recruiting and staffing companies seeking workers to work for employers in other states. The law is silent as to general solicitations and positions with low base salaries but high potential commissions. Under Minn. Stat. 181.173, included…

Quick Hits In Perez v. Barrick Goldstrike Mines, Inc., the Ninth Circuit joined the Second, Fourth, Sixth, and Eighth Circuits in holding that an employer’s right to obtain a second opinion is permissive, not mandatory, under the FMLA. A jury may consider an employer’s nonmedical evidence in determining whether an employee had a “serious health condition” under the FMLA. Background In Perez v. Barrick Goldstrike Mines, Inc., the Ninth Circuit…

Quick Hits On July 31, 2024, Governor Maura Healey signed into law legislation requiring Massachusetts employers with twenty-five or more employees to disclose pay ranges. Employers with one hundred or more employees and subject to EEO-1 reporting obligations will be required to report aggregated wage data by race, ethnicity, sex, and job category annually as a supplement to the EEO-1 report to the state. Compliance failures could result in penalties…

Quick Hits OFCCP updated its guidance on protected veterans hiring obligations and affirmative action policies encouraging contractors to provide apprenticeship opportunities to protected veterans. OFCCP said protected veterans must be provided equal opportunity to participate in apprenticeship opportunities and that providing such opportunities can help contractors meet their obligations to recruit and hire protected veterans. The guidance comes after OFCCP set the national veteran hiring benchmark at 5.2 percent on…

Quick Hits DHS recently added Environmental/Natural Resources Economics to the STEM list of qualifying fields of study. More F-1 nonimmigrant students will be eligible for the twenty-four-month extension of their post-completion OPT. The STEM Designated Degree Program List is “a complete list of fields of study that DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension.”…

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. In this, the eighth article in…