On September 3, 2025, New Jersey Governor Phil Murphy signed legislation prohibiting employers from mandating employee participation in communications about the decision to join or support a labor organization or association. The measure expands New Jersey’s existing restrictions on these “captive audience” meetings related to political and religious matters and joins several other states, including California, New York, Illinois, and Washington, that ban employers from requiring attendance at meetings about religious, political, or labor organization issues.… Continue Reading
2025 HR Legal Summit: Sessions and Speakers Announced
Ballard Spahr LLP’s Labor and Employment Group, in collaboration with the Southeastern Pennsylvania Chapter of SHRM (SEPA SHRM), is pleased to present our sessions and speakers for the upcoming HR Legal Summit. This program is designed for HR professionals and in-house counsel to stay informed on legal trends and developments, ensuring compliance and effective management of workplace issues.… Continue Reading
U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations
The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those programs is the Wage and Hour Division (WHD) Payroll Audit Independent Determination (PAID) program. The PAID program encourages employers to self-identify and resolve minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), and certain leave violations under the Family and Medical Leave Act (FMLA).… Continue Reading
Reverse Discrimination Lawsuits Are So Back
On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.… Continue Reading
Maryland Delays Paid Family and Medical Leave Insurance Program Again & Clarifies Parental Leave Law
Maryland Postpones the Family and Medical Leave Insurance Program (FAMLI)
On May 6, 2025, Maryland Governor Wes Moore signed into law HB 102, delaying the start date of Maryland’s highly anticipated paid Family and Medical Leave Insurance program (“FAMLI”). Maryland employers and employees now will begin making contributions to the insurance program on January 1, 2027. … Continue Reading
Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights Act
A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in the Minnesota Human Rights Act (“MHRA”) requires physical presence within Minnesota; virtual presence and work-related contacts with the state are not sufficient.… Continue Reading
Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI in Education
Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives. A federal court denied the Trump administration’s motion to stay a preliminary injunction blocking the enforcement of most elements of President Trump’s Executive Orders 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity and 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing (collectively, “the DEI Executive Orders”).… Continue Reading
Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices
Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified on February 21, 2025, when a federal judge in Baltimore issued a nationwide preliminary injunction on enforcement of much of the EO. The ruling comes on the heels of a guidance memo issued earlier this month by 16 Democratic state attorneys general in which the state AGs argue that DEI best practices are not illegal.… Continue Reading
NLRB Board Member Challenges President Trump’s Executive Power
On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. However, on January 28, 2025, President Donald Trump made an unprecedented move by firing Wilcox, the former chair and first Black woman to serve on the Board.… Continue Reading
President Trump Appoints NLRB Acting General Counsel
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day.
New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as Acting General Counsel of the NLRB. This comes on the heels of the President firing former NLRB General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and Acting General Counsel Jessica Rutter.… Continue Reading