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Accessibility

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as MootDOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local GovernmentsFourth Circuit Holds That Website Tester Has Standing

Accommodation

Key Employer Takeaways from Recent Federal Guidance on Remote Work PoliciesPhiladelphia Pioneers Workplace Menopause ProtectionsFourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive Process

ADA

Key Employer Takeaways from Recent Federal Guidance on Remote Work PoliciesFourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive ProcessNo Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA Discrimination Claim

Adverse Employment

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsSCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination ClaimsThe Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

American Families and Workers Act of 2024

House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing Deadlines

Arbitration

Southern District of New York Finds Employment Arbitration Agreement UnenforceableU.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

Artificial Intelligence

Department of Labor Issues "AI Literacy" Framework for Workers, Employers, and EducatorsColorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent Algorithmic Discrimination

Biden Administration

Texas Court Strikes Down DOL’s Overtime Eligibility ExpansionDOL Authority to Increase Overtime Compensation Thresholds AffirmedNLRB To End Practice of Consent Orders, Overruling UPMC

CARES Act

President Biden Signs American Rescue Plan Act of 2021Paycheck Protection Program (PPP) Reopens for New Loans, Second Draw Loans and New Loan Forgiveness Applications

COBRA

Reminder: COBRA Notice Deadline Fast Approaching

Collective Bargaining

Maryland Graduate Assistant Unionization Bill Passes: What Universities Should KnowHurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportNLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

Consolidated Appropriations Act

Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021

Construction Worker

OSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-FittingDOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

COVID

Fourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive ProcessHouse Tax Bill Would Greatly Accelerate Employee Retention Credit Filing DeadlinesCMS Ends COVID-19 Vaccine Mandate for Healthcare Workers

Davis-Bacon Act

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

DEI

GSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI ComplianceFederal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries

Discrimination

Legal Rulings Seek to Curtail LGBTQ RightsThe EEOC Takes Aim at Transgender Bathroom AccessFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance

Diversity Equity and Inclusion

New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal ContractorsFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI ComplianceDEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty

DOD

New (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

DOJ

DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and UncertaintyDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorDOJ’s Roadmap for Federally Funded Entities and DEI

DOL

The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationDepartment of Labor Issues "AI Literacy" Framework for Workers, Employers, and EducatorsDOL Sets New Minimum Wage Rates for Certain Federal Contracts

Education

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorDepartment of Education Confirms Return to Trump Administration’s 2020 Title IX RuleThird Circuit Affirms College Athletes May Qualify as Employees Under FLSA

EEO-1 Compliance

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic DataEEOC Sues Employers Ahead of This Year’s EEO-1 Reporting DeadlineBack to Basics: A Primer on EEO-1 Reporting

EEOC

Legal Rulings Seek to Curtail LGBTQ RightsThe EEOC Takes Aim at Transgender Bathroom AccessFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance

Employee Benefits

Mark Your Calendar: HIPAA Deadline on February 16IRS Relief Alleviates Some—But Not All—ACA Reporting IssuesWhile Congress Slept: Health Benefit Developments During the Shutdown

Employers

NLRB Formally Withdraws Biden-Era Joint Employer StandardThe Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationDEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty

Employment

DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and UncertaintyDOL Sets New Minimum Wage Rates for Certain Federal Contracts27 Pay Periods—Not 27 Dresses—in 2026

Essential Workers

Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are HaltedHealthcare Workers’ Religious Freedom Exemption Fails to Convince First Circuit to Block Maine Vaccine MandateNew Jersey Health Care Workers Must be Vaccinated or Undergo Regular COVID-19 Testing

Events

Ballard Spahr Event: Wage and Hour Update for Business2025 HR Legal Summit: Sessions and Speakers AnnouncedKeynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal Summit

Executive Orders

GSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceDEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and UncertaintyDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color

FAMLI

Maryland Delays Paid Family and Medical Leave Insurance Program Again & Clarifies Parental Leave LawMaryland Employers: Six Must-Know Employment Law Changes

Federal Contractors

GSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceDOL Sets New Minimum Wage Rates for Certain Federal ContractsFederal Court Enjoins DEI and Gender Executive Orders

FLSA

The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationIRS Releases FAQs Addressing the New Deduction for Qualified Overtime CompensationU.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

FMLA

The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationSignificant Changes to Washington’s Paid Family Medical Leave Act Impose New Obligations on EmployersU.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

FTC

NLRB Board Member Challenges President Trump’s Executive PowerATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsTexas Federal Judge Strikes Down FTC Noncompete Ban

FTC

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

Funding

DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty

Gender Identity

Legal Rulings Seek to Curtail LGBTQ RightsEEOC Rescinds Biden-Era Anti-Harassment GuidanceFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees

Gig Economy

Senate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy SecretaryU.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSAFTC and NLRB Announce New Coordination Efforts

GINA

EEOC Posts Updated COVID-19 GuidanceA Second Proposal: EEOC Issues New Guidance on Nondiscrimination for Wellness Programs

Harassment

EEOC Rescinds Biden-Era Anti-Harassment GuidanceFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary EmployeesNew (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

Health Care

Mark Your Calendar: HIPAA Deadline on February 16IRS Relief Alleviates Some—But Not All—ACA Reporting IssuesWhile Congress Slept: Health Benefit Developments During the Shutdown

HIPAA

Mark Your Calendar: HIPAA Deadline on February 16HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021

HR

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees2025 HR Legal Summit: Sessions and Speakers Announced

Immigration

ICE in the Workplace: 2026 UpdateImmigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?New Year, New Selection Criteria for H-1B Cap Lottery: DHS Finalizes Rule Prioritizing Higher-Paid Workers

Independent Contractors

The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationU.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSANLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD

IRS

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial DiscriminationIRS Adjusts Figure Applicable to ACA Employer MandateIRS Issues Additional Dependent Care FSA Guidance

Job Training

Department of Labor Issues "AI Literacy" Framework for Workers, Employers, and Educators

Joint Employers

NLRB Formally Withdraws Biden-Era Joint Employer StandardTexas Court Strikes Down NLRB Joint Employer RuleThe NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

Labor

Maryland Graduate Assistant Unionization Bill Passes: What Universities Should KnowMaryland Poised to Ban Captive Audience MeetingsNLRB Formally Withdraws Biden-Era Joint Employer Standard

Layoffs & Furloughs

SVB Fall Out – Beware of Employment Law RisksNew Jersey Employers Take Note: WARN Amendments Effective April 11, 2023Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Leave

Key Employer Takeaways from Recent Federal Guidance on Remote Work PoliciesNew Year’s Resolution for Oregon Employers: Compliance with Newly Updated Paid Leave Oregon RegulationsImmigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?

Legislation

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceMaryland Employers: Six Must-Know Employment Law Changes

LGBTQ

Legal Rulings Seek to Curtail LGBTQ RightsEEOC Rescinds Biden-Era Anti-Harassment GuidanceFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees

Marijuana

New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion DeterminationsEmployees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana ActNew Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

Maryland

Maryland Poised to Ban Captive Audience MeetingsMaryland Employers: Six Must-Know Employment Law Changes

Military

New (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

Minimum Wage

DOL Sets New Minimum Wage Rates for Certain Federal ContractsTexas Court Strikes Down DOL’s Overtime Eligibility ExpansionUpdate on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

Minnesota

Immigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?

New Jersey

New Jersey Dramatically Expands State Family Leave Act and Employee Leave Protections

New York

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and Race

New York Minute

New York Minute - June 2022New York Minute – April EditionNew York Minute: Latest Developments for Employers

NLRA

Maryland Poised to Ban Captive Audience MeetingsReturn to Normalcy at the NLRB? - New General Counsel and Board Members Signal that Stability and Addressing Backlog Are PrioritiesHurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican Support

NLRB

Maryland Poised to Ban Captive Audience MeetingsNLRB Formally Withdraws Biden-Era Joint Employer StandardReturn to Normalcy at the NLRB? - New General Counsel and Board Members Signal that Stability and Addressing Backlog Are Priorities

No-Poach

DOJ Secures First Win in Criminal No Poach ActionDaVita, Former CEO, Not Guilty in Criminal Case Over Alleged 'No-Poach' Agreements

Non-Compete

Maryland Employers: Six Must-Know Employment Law ChangesATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsNext Steps for Employers After FTC Noncompete Rule Enjoined

Oregon

New Year’s Resolution for Oregon Employers: Compliance with Newly Updated Paid Leave Oregon Regulations

OSHA

President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRBSenate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy SecretaryOSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-Fitting

Overtime

IRS Releases FAQs Addressing the New Deduction for Qualified Overtime CompensationDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersDOL Authority to Increase Overtime Compensation Thresholds Affirmed

Pay

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceMaryland Employers: Six Must-Know Employment Law ChangesSVB Fall Out – Beware of Employment Law Risks

Philadelphia

Philadelphia Pioneers Workplace Menopause ProtectionsNew Philadelphia Ordinance Aims to EmPOWER EmployeesLast Chance to Register for the 2024 HR Legal Summit!

Podcast

Podcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services IndustryPodcast – The New BSA Whistleblower Law: What You Need to KnowPodcast – Marijuana Use in the Workplace: What Employers Need to Know

PPP

Paycheck Protection Program Continues to EvolveLatest Changes to PPP Program Include Bigger Loans for Schedule C FilersBiden Administration Changes PPP Again, Announces Exclusive Window for Small Businesses, Sole Proprietors, and Independent Contractors

Pregnancy

New EEOC Pregnant Workers Rule Adds Requirements This MonthTexas Federal Judge Enjoins Protections for Pregnant WorkersDOL Issues Guidance For Field Staff on PUMP Act Requirements

Prevailing Wage

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

Regulatory

DOL Announces Spring 2025 Regulatory AgendaAmerican Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial DiscriminationATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

Remote Work

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActE-Verify Users Now Permanently Able to Verify Employment Eligibility RemotelyWebinar Recording: Back to School – Remembering the 4 R's: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain Times

Restrictive Covenants

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsNext Steps for Employers After FTC Noncompete Rule EnjoinedTexas Federal Judge Strikes Down FTC Noncompete Ban

Roe v. Wade

Webinar Recording: End of Roe – What it Means for Employers and Employee Benefit Plans

Safety

Biden Administration Plans to Turn Up the Heat to Propose New Rules and More OSHA Inspections to Address High Temperatures in the WorkplacePresident Biden Signs American Rescue Plan Act of 2021OSHA Launches a COVID-19 National Emphasis Program

SCOTUS

Legal Rulings Seek to Curtail LGBTQ RightsReverse Discrimination Lawsuits Are So BackThe Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

Social Media

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee RightsNLRB on Handbook Rules: Do’s and Don'ts

Telecommuting

Key Employer Takeaways from Recent Federal Guidance on Remote Work PoliciesEighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActDepartment of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act

Title VII

The EEOC Takes Aim at Transgender Bathroom AccessFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI ComplianceDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color

Trade Secrets

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

Training

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace

Trump Administration

Legal Rulings Seek to Curtail LGBTQ RightsNew Executive Order Targets “Racially Discriminatory DEI Activities” by Federal ContractorsFederal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries

Uncategorized

GSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceNew Jersey Dramatically Expands State Family Leave Act and Employee Leave ProtectionsDOL Announces Spring 2025 Regulatory Agenda

Unions

Maryland Graduate Assistant Unionization Bill Passes: What Universities Should KnowReturn to Normalcy at the NLRB? - New General Counsel and Board Members Signal that Stability and Addressing Backlog Are PrioritiesDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color

USERRA

The Dole Act Expands Workplace Protections for Military ServiceThird Circuit Rules Reservists May Need to Be Paid for Military Leave

Vaccines

CMS Ends COVID-19 Vaccine Mandate for Healthcare WorkersStatus Update: Federal Contractor Vaccine Mandate Injunction NarrowedPaid COVID Leave is Back in Philadelphia

Wage & Hour

DOL Sets New Minimum Wage Rates for Certain Federal Contracts27 Pay Periods—Not 27 Dresses—in 2026Washington Establishes Worker Rights Unit in Response to Declining Federal Enforcement

WARN

No Small Thing: Mini-Warn Act Comes to Washington StateSVB Fall Out – Beware of Employment Law RisksBack to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Washington

Significant Changes to Washington’s Paid Family Medical Leave Act Impose New Obligations on Employers

Whistleblower

SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting AgreementsSEC Increases Scrutiny of Whistleblower ProtectionsBSA Whistleblower Provision Gains Teeth

Workplace Rules

ICE in the Workplace: 2026 UpdateKeynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal SummitFinal Guidance on Workplace Harassment Published by EEOC

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Trump Administration

Legal Rulings Seek to Curtail LGBTQ Rights

New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors

Federal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries

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  • Legal Rulings Seek to Curtail LGBTQ Rights
  • Maryland Graduate Assistant Unionization Bill Passes: What Universities Should Know
  • New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors
  • Maryland Poised to Ban Captive Audience Meetings
  • GSA Issues New Certification Requirement for Recipients of Federal Financial Assistance

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