Skip to content

Menu

Ballard Spahr LLP logo
HomeAboutServicesContact

HR Law Watch

An Essential Resource for Employers

Topics

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

Last-Mile Delivery Drivers May Avoid Arbitration Under Supreme Court RulingSouthern 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

Colorado

Employer Beware: New Requirements for Employers with New Hires in Colorado

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

Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for EmployersTwo Recent Court Decisions Shape the Trump Administration’s DEI Executive OrdersEEOC Files Rare Discrimination Lawsuit on Behalf of White Male Employee

Discrimination

Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for EmployersEEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeLegal Rulings Seek to Curtail LGBTQ Rights

Disparate Impact

Disparate Impact Theory Faces Further Federal Scrutiny

Diversity Equity and Inclusion

EEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeNew Executive Order Targets “Racially Discriminatory DEI Activities” by Federal ContractorsFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance

DOD

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

DOJ

Disparate Impact Theory Faces Further Federal ScrutinyDEI 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

DOL

Disparate Impact Theory Faces Further Federal ScrutinyDOL’s Joint Employer Proposal: What Employers Should Watch NowThe Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor Classification

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

Disparate Impact Theory Faces Further Federal ScrutinyEEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeLegal Rulings Seek to Curtail LGBTQ Rights

Employee Benefits

Paid Family and Medical Leave is Coming to Maryland: What Employers Need to KnowEarly Registration for Maryland FAMLI Now OpenMark Your Calendar: HIPAA Deadline on February 16

Employers

Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for EmployersEEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeSupreme Court Affirms Presidential Power to Fire Executive Agency Officials At Will

Employment

Paid Family and Medical Leave is Coming to Maryland: What Employers Need to KnowDOL’s Joint Employer Proposal: What Employers Should Watch NowSupreme Court Affirms Presidential Power to Fire Executive Agency Officials At Will

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

Paid Family and Medical Leave is Coming to Maryland: A Guide for Employers2026 HR Legal Summit: Keynote Speaker AnnouncedSEPA SHRM and Ballard Spahr LLP 2026 HR Legal Summit

Executive Orders

Two Recent Court Decisions Shape the Trump Administration’s DEI Executive OrdersGSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceDEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty

FAMLI

Paid Family and Medical Leave is Coming to Maryland: What Employers Need to KnowEarly Registration for Maryland FAMLI Now OpenMaryland Delays Paid Family and Medical Leave Insurance Program Again & Clarifies Parental Leave Law

Federal Contractors

Two Recent Court Decisions Shape the Trump Administration’s DEI Executive OrdersGSA Issues New Certification Requirement for Recipients of Federal Financial AssistanceDOL Sets New Minimum Wage Rates for Certain Federal Contracts

FLSA

DOL’s Joint Employer Proposal: What Employers Should Watch NowThe Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor ClassificationIRS Releases FAQs Addressing the New Deduction for Qualified Overtime Compensation

FMLA

DOL’s Joint Employer Proposal: What Employers Should Watch NowThe 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 Employers

FTC

Supreme Court Affirms Presidential Power to Fire Executive Agency Officials At WillThe FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the ClearNLRB Board Member Challenges President Trump’s Executive Power

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

Two Recent Court Decisions Shape the Trump Administration’s DEI Executive OrdersDEI 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

DOL’s Joint Employer Proposal: What Employers Should Watch NowNew 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 Employees

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

Last-Mile Delivery Drivers May Avoid Arbitration Under Supreme Court RulingThe 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 FLSA

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

DOL’s Joint Employer Proposal: What Employers Should Watch NowNLRB Formally Withdraws Biden-Era Joint Employer StandardTexas Court Strikes Down NLRB Joint Employer Rule

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

DOL’s Joint Employer Proposal: What Employers Should Watch NowEarly Registration for Maryland FAMLI Now OpenKey Employer Takeaways from Recent Federal Guidance on Remote Work Policies

Legislation

DOL’s Joint Employer Proposal: What Employers Should Watch NowEmployer Beware: New Requirements for Employers with New Hires in ColoradoNew York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and Race

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

Paid Family and Medical Leave is Coming to Maryland: What Employers Need to KnowEarly Registration for Maryland FAMLI Now OpenMaryland Poised to Ban Captive Audience Meetings

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

The FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the ClearMaryland 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 Proceedings

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

Paid Leave

Paid Family and Medical Leave is Coming to Maryland: What Employers Need to Know

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

The FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the ClearDOL 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 Discrimination

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

The FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the ClearATS 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

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

Supreme Court Affirms Presidential Power to Fire Executive Agency Officials At WillLast-Mile Delivery Drivers May Avoid Arbitration Under Supreme Court RulingLegal Rulings Seek to Curtail LGBTQ Rights

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

EEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeThe EEOC Takes Aim at Transgender Bathroom AccessFortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance

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

EEOC Files Rare Discrimination Lawsuit on Behalf of White Male EmployeeSupreme Court Affirms Presidential Power to Fire Executive Agency Officials At WillThe FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the Clear

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’s Joint Employer Proposal: What Employers Should Watch NowDOL Sets New Minimum Wage Rates for Certain Federal Contracts27 Pay Periods—Not 27 Dresses—in 2026

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

Subscribe to this blog

Trump Administration

EEOC Files Rare Discrimination Lawsuit on Behalf of White Male Employee

Supreme Court Affirms Presidential Power to Fire Executive Agency Officials At Will

The FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the Clear

Upcoming Events

7/29: Paid Family and Medical Leave is Coming to Maryland: A Guide for Employers

9/17: SEPA SHRM and Ballard Spahr LLP 2026 HR Legal Summit

9/23 & 10/6: 44th Annual 'Best Practices for Best Employers™' Labor & Employment Seminar

Topics

Archives

Recent Posts

  • Paid Family and Medical Leave is Coming to Maryland: What Employers Need to Know
  • Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for Employers
  • Two Recent Court Decisions Shape the Trump Administration’s DEI Executive Orders
  • Disparate Impact Theory Faces Further Federal Scrutiny
  • EEOC Files Rare Discrimination Lawsuit on Behalf of White Male Employee

Stay Connected

RSS LinkedIn Twitter YouTube

HR Law Watch

An Essential Resource for Employers

RSS LinkedIn Twitter YouTube

Blog Contacts

Brian D. Pedrow
pedrow@ballardspahr.com
215.864.8108
Shannon Farmer
farmers@ballardspahr.com
215.864.8221
DisclaimerPrivacy Policy
Copyright © 2026, Ballard Spahr LLP All Rights Reserved.
www.ballardspahr.com
Law blog design & platform by LexBlog LexBlog Logo