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
Paid Family and Medical Leave is Coming to Maryland: What Employers Need to Know
Maryland’s Family and Medical Leave Insurance (FAMLI) program is quickly approaching, bringing significant new obligations for employers of all sizes. Preparing for FAMLI will require coordination across human resources, payroll, benefits, and legal teams. Employers that plan now will be better positioned to meet the program’s requirements.
On July 29, Ballard Spahr’s Labor and Employment Group hosted a webinar on FAMLI, to provide practical guidance on implementation strategies for employers. … Continue Reading
EEOC Files Rare Discrimination Lawsuit on Behalf of White Male Employee
Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… Continue Reading
The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor Classification
On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to employee classification under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).… Continue Reading
Fortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance
Fortune 500 companies recently received an important message from the U.S. Equal Employment Opportunity Commission: review your diversity, equity, and inclusion initiatives carefully.
On February 26, 2026, EEOC Chair Andrea Lucas sent a letter to the board chairs, chief executive officers, and general counsel of Fortune 500 companies reminding them of their obligations under Title VII of the Civil Rights Act of 1964.… Continue Reading
DOL Sets New Minimum Wage Rates for Certain Federal Contracts
On February 6, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Notice announcing new minimum wage rates for workers performing work on or in connection with federal contracts covered by the 2014 Obama-era Executive Order 13658, which established a minimum wage for federal contractors and subcontractors. Effective May 11, 2026, the minimum wage for certain federal contracts will be $13.65 per hour for regular employees and $9.55 per hour for tipped employees.… Continue Reading
EEOC Puts Employers on Notice: Favoring H-1B Visa Holders Could Violate Federal Civil Rights Law
Following acting chair Andrea Lucas’s earlier pledge to more aggressively enforce civil rights laws against employers who disadvantage U.S. workers, the U.S. Equal Employment Opportunity Commission (EEOC) has released a new Technical Assistance document cautioning companies that preferring H-1B visa holders may constitute unlawful national origin discrimination under Title VII of the Civil Rights Act.… Continue Reading
Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading
Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees
Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… 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