A recent lawsuit filed in the Northern District of California alleges that AI-based tools used to score, rank, and select employees for a reduction in force discriminated against workers on protected leave and those with disabilities. The lawsuit alleges this occurred, in part, because the AI-system’s inputs, such as productivity metrics and “AI-native” ratings, could not be accumulated by employees who were absent or working under various accommodations.… Continue Reading
DOL’s Joint Employer Proposal: What Employers Should Watch Now
On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking) that would revise the agency’s analysis for assessing joint employer status under three federal wage and hour laws. The proposed rule would implement regulatory guidance for determining joint employer status under the Fair Labor Standards Act (FLSA) and amend existing regulations under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) so that the proposed FLSA analysis would apply under those laws as well.… Continue Reading
Early Registration for Maryland FAMLI Now Open
Maryland employers can now register early for the State’s Family and Medical Leave Insurance (“FAMLI”) program as part of the Maryland Department of Labor’s employer registration “soft launch.”
The soft launch gives employers an opportunity to create their FAMLI accounts, add team members, connect with third-party administrators, and provide feedback to the Department of Labor before registration opens to all employers on September 1, 2026.… Continue Reading
Key Employer Takeaways from Recent Federal Guidance on Remote Work Policies
On February 12, 2026, the Equal Employment Opportunity Commission (EEOC) released new technical assistance document addressing remote work as an accommodation under the Americans with Disabilities Act (ADA). The guidance was issued in response to President Trump’s January 2025 Executive Order directing federal employees to work in-person and for federal agencies to eliminate remote work arrangements except in limited circumstances.… Continue Reading
New Year’s Resolution for Oregon Employers: Compliance with Newly Updated Paid Leave Oregon Regulations
Oregon rang in the New Year with changes to regulations governing Paid Leave Oregon (PLO). The Oregon Employment Department (OED) issued modestly revised regulations (Rules) addressing a wide range of issues, including notice for intermittent leave, limitations on leave taken before the adoption or foster placement of a child, employer equivalent plans, PLO benefits and contributions, and appeals.… Continue Reading
Immigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?
Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events.
Key features of the law include:
- Up to 12 weeks of Paid Leave for personal medical needs (e.g.,
New Jersey Dramatically Expands State Family Leave Act and Employee Leave Protections
Legislation signed by outgoing Governor Phil Murphy earlier this month dramatically expands the scope and application of the New Jersey Family Leave Act (NJFLA). Under A3451/S2950, effective July 17, 2026, more employers are subject to the law, and more employees qualify for job-protected leave.
In addition, the amendments address the receipt of Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) and may provide job-protected leave for those who receive these benefits—though questions remain and further guidance is expected on this point.… Continue Reading
Significant Changes to Washington’s Paid Family Medical Leave Act Impose New Obligations on Employers
All employers with Washington-based employees should take steps to comply with the significant changes to Washington’s Paid Family and Medical Leave (PFML) Act that became effective on January 1, 2026. Among other things, the amendments usher in a new scheme for determining when job protection applies. In principle, this new scheme offers a much-needed mechanism for preventing employees from stacking their PFML leave on top of leave taken under the federal Family and Medical Leave Act (FMLA).… Continue Reading
Congress Introduces Bipartisan Bill to Provide Federal Paid Family Leave Funding for States
On April 30, 2025, Congressional Representatives Stephanie Bice (R-Oklahoma) and Chrissy Houlahan (D-Pennsylvania) introduced the More Paid Leave for More Americans Act in the House of Representatives.
The bill would develop a three-year pilot program administered by the federal Department of Labor (DOL) that would provide grant funding to states that establish paid family leave programs in partnership with private companies.… 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