On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a preponderance of the evidence, rejecting a higher evidentiary standard used by some
Archives for January 16, 2025
Congress Declines to Extend HDHP First-Dollar Telehealth Coverage Relief
After Congress declined to extend certain relief allowing first-dollar coverage of telehealth services by high-deductible health plans (HDHPs), health plan sponsors may need to make immediate changes to preserve employees’ health savings account (HSA) eligibility.
Second Circuit Revives New York Reproductive Health Bias Law’s Notice Requirement for Employee Handbooks
On January 2, 2024, the U.S. Court of Appeals for the Second Circuit reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the law’s prohibition on discrimination and retaliation based on employees’ reproductive health care choices.
ERISA Pro Angel Garrett Joins Littler in San Francisco
SAN FRANCISCO (January 16, 2025) – Littler, the world’s largest employment and labor law practice representing management, today announced the addition of Angel L. Garrett as a Shareholder in its San Francisco office. Garrett, who joins the firm from Trucker Huss, focuses her practice on employee benefits and Employee Retirement
The Year Ahead 2025: Safe Work Initiatives
Despite the return of a known pro-business administration, employers can expect changes in workplace safety and health regulations in 2025 to be coupled with significant uncertainty.
The Year Ahead 2025: California PAGA Amendments + Other Legislative Highlights
The Golden State had lost some of its luster among California employers due to its Private Attorneys General Act (PAGA), with some calling it “one of the least just and fair laws that employers are dealing with today in California.” Yet two recent PAGA amendments may help restore the state’s business shine in 2025 and beyond.
Countering the Trend Against True Non-Competes
“All of this is to say that for 2025, and perhaps beyond, the writing appears to be on the wall as to true non-competes. They, whoever they are, are coming for employers who are aggressive in their choice of which employees are bound by true non-competes, the extent of the restrictions and the enforcement actions taken.”
The Year Ahead 2025: Tech Talk — AI Regulations + Data Privacy
Careful consideration and close collaboration between your organization’s business departments are watchwords for 2025.
The Year Ahead 2025: Immigration Issues
What can employers expect regarding changes in immigration and worksite enforcement under a second Trump administration? From pending asylum applications, temporary protected status, immigration benefits through humanitarian parole programs, DACA, raids and more, past experience and promises made during the campaign trail offer a reasonable roadmap.
The Year Ahead 2025: Accommodations in Action — PWFA and Beyond
As the Pregnant Workers Fairness Act continues to generate a significant amount of court litigation and requests for mental health accommodations continue to rise, the anticipated challenges and trends in disability leave, health management and workplace accommodations for 2025 are numerous.
Practical and Political Tipping Points for Workplace Accommodations
“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you’ve really got your eye on the ball, that you’re plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.”
Immigration and Humanitarian Concerns
“A lot of employers have very innocent mistakes on their I-9s or employees have expired work authorization and they don’t even realize it. These are things immigration counsel can help with and protect employers from liability before the enforcement starts.”
Political Pendulum Swings and the “Labor Renaissance”
“Most of our clients and most employers out there understand that there’s going to be a pendulum swing. The key thing for us right now is to make decisions that consider where the law is and where it might go, understanding that we have four-year terms in the presidential administrations and things always change.”