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
Labor and Employment
Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for Employers
A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights an important distinction for public employers defending challenges to DEI-related initiatives. That is, opposition to DEI does not automatically establish a viable Title VII claim, but constitutional claims may present different considerations.
Title VII Claims
In Spengler v.… Continue Reading
Paid Family and Medical Leave is Coming to Maryland: A Guide for Employers
By Rebecca A. Leaf & Brian D. Pedrow on
Posted in Events
Maryland employers and those with employees in Maryland should begin preparing now for the state’s new paid Family and Medical Leave Insurance (FAMLI) program. With employer and employee contributions beginning in January 2027 and benefits becoming available in 2028, understanding the program’s requirements and planning ahead will help employers navigate the transition.… Continue Reading
Supreme Court Affirms Presidential Power to Fire Executive Agency Officials At Will
By Rebecca A. Leaf & Brian D. Pedrow on
In a 6-3 ruling, the Supreme Court confirmed that independent agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause. In doing so, the Supreme Court overruled a 91-year-old case restricting the President’s right to remove such officials and opened the door for President Trump to remove other executive agency officials as he wishes. … Continue Reading
Early Registration for Maryland FAMLI Now Open
By Rebecca A. Leaf & Ryan B. Ricketts on
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
Maryland Poised to Ban Captive Audience Meetings
By Rebecca A. Leaf & Shanae T. Jones on
Maryland is set to join a growing number of states banning so-called “captive audience” meetings, in which employers require their employees to hear their views on political or religious matters, including membership in a labor union. If signed by Governor Wes Moore, the law will be effective October 1, 2026.
Maryland’s SB 417
Maryland’s SB 417 makes it unlawful for an employer to discharge, discipline or otherwise penalize an employee (or threaten these actions), because the employee declines to attend, participate in, or listen to the employer’s communications on political or religious topics in an employer-sponsored meeting. … 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
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
Fourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive Process
The Fourth Circuit recently reminded employees of their shared obligation to participate in the interactive process with their employer when requesting a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The case, Tarquinio v. Johns Hopkins University Applied Physics Lab, No. 24-1432 (4th Cir. 2025), makes clear that employees must provide their employers with requested documentation and information where the connection between their disability and its limitations on their work is not obvious. … Continue Reading
U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations
By Denise M. Keyser & Alayna M. Piwonski on
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