Iowa had the highest jump in quit rates, growing 0.8 percent from February to March, while Louisiana saw a 0.5 percent drop.
Archives for June 19, 2025
More employers are sending workers shopping for their own health coverage
A small, growing number of employers are putting health insurance decisions entirely in the hands of their workers. Instead of offering traditional insurance, they’re giving workers money to buy their own coverage in what’s known as Individual Coverage Health Reimbursement Arrangements, or ICHRAs. Advocates say this approach provides small companies that couldn’t afford insurance a chance to offer something.
Democrats Question EEOC Acting Chair on Trump’s Agency Influence
Acting EEOC Chair Andrea Lucas defended her view during her Senate panel confirmation hearing that the civil rights agency is not independent from the president’s authority as she fielded questions about its recent work.
Andrea Lucas Defends E.E.O.C. Record Under Trump at Senate Hearing
Ms. Lucas, the acting chair of the Equal Employment Opportunity Commission, is seeking Senate approval to renew her role as commissioner, which is a requirement for her leadership post.
What Employers Should Know As The Immigration Crackdown Escalates
Employers must navigate a perilous legal landscape if employees lose legal status or encounter Immigration and Customs Enforcement.
Supreme Court’s Transgender Care Ruling May Impact Benefits
Learn the implications of a recent Supreme Court decision on gender-affirming health care for minors and its potential impact on employer-provided benefits.
Leaders, you should absolutely talk politics at work. Here’s why
Politics can be tricky to discuss at work, but that doesn’t mean you shouldn’t do it
3 tiny behaviors that make you the calmest person in the room
A few small actions, grounded in the biology of behavior, can shift not only how you feel in stressful situations, but how others respond to you.
Ask HR: Are You Working Full-Time Hours in a Part-Time Job?
Working over 40 hours a week in a part-time job raises questions about full-time eligibility benefits. Learn employment classification and benefits policies.
House Committee Debates NLRB’s Fairness and Transparency
Understand how the NLRB’s lack of quorum has halted case rulings and fueled a House debate on union elections, worker rights, and the need for more funding.
Washington State Scales Up Paid Family and Medical Leave Law
On May 20, 2025, Washington Governor Bob Ferguson took the final step toward implementing House Bill (HB) 1213’s expansion of the state’s paid family and medical leave program when he greenlit funding for the program as part of the state appropriations budget for the 2025-2027 biennium. With this funding, the
Public Hearings on OSHA’s Proposed Heat Hazard Rule Begin
Monday, June 16, 2025, marked the first day of informal public hearings on the Occupational Safety and Health Administration’s (OSHA) proposed rule aimed at preventing heat-related injuries and illnesses in both outdoor and indoor work environments. With rising temperatures posing increased risks to worker health and safety, this rule would
New York Lawmakers Consider Progressive Reforms to Severance Agreements
The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee’s severance from employment.”
Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case
By: Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case
By: Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case
As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided some much-needed guidance when it granted a motion to preliminarily certify a collective in a lawsuit alleging that an AI-based applicant screening system discriminated against individuals aged 40 and older.
In Mobley v. Workday, Inc., the plaintiffs claimed they received hundreds of rejections without interviews after applying for jobs through Workday—a provider of human resource management software, including platforms connecting employers with job applicants. According to the plaintiffs, Workday’s AI-driven applicant filtering algorithm disproportionately disqualified individuals over 40 from employment opportunities.
Plaintiffs sought preliminary certification of a nationwide collective under the Age Discrimination in Employment Act (ADEA), proposing a collective of “All individuals aged 40 and over who, from September 24, 2020, through the present, applied for job opportunities using Workday, Inc.’s job application platform and were denied employment recommendations.”
Workday opposed certification on several grounds, arguing: (i) it does not offer “employment recommendations,” and therefore no applicants belong to the proposed collective, (ii) the policy at issue was not uniform across applications or employers, (iii) variations in applicants’ qualifications and the types of jobs applied to made it impossible to consider the group similarly situated.
On May 16, 2025, Judge Rita Lin granted preliminary certification of the proposed collective. Judge Lin found that evidence showed Workday was sufficiently involved in the hiring process for a collective to be certified. She held that the proposed collective was similarly situated, emphasizing that Mobley had alleged the existence of a unified policy—the use of Workday’s AI system to score, sort, rank, or screen applicants. Judge Lin further held that exact uniformity among collective members was not necessary; rather, the essential commonality was that they were allegedly forced to compete on unequal footing due to the same AI-based decision-making process. The Court’s Order made an extra effort to remind Workday that this order is preliminary in nature and that Workday could, with evidence derived from discovery, ask the Court to revisit the preliminary decision and decertify the collective, requiring each plaintiff to proceed individually.
This decision marks a significant moment in the evolution of AI and employment law. As AI becomes more embedded in business processes, litigation concerning algorithmic bias and discrimination is expected to grow. In fact, in March 2025, the California Civil Rights Council adopted final regulations on automated decision-making systems, including AI-powered hiring tools like the one at issue in Mobley v. Workday.
Employers should anticipate increased legal scrutiny and potential class or collective actions as regulatory bodies and courts continue to address the implications of AI in employment decisions. The importance of consulting an attorney before deploying AI systems in hiring and HR processes cannot be sufficiently stressed.
CDF’s Privacy Practice Group will continue to monitor developments related to privacy issues, CIPA, CCPA, CPRA and the California Privacy Protection Agency’s enforcement actions. Please contact a member of CDF’s Privacy Practice Group (Dan Forman, Linda Wang, or Dalia Khatib) to discuss compliance with privacy laws, any investigation by the California Privacy Protection Agency or with any questions about CIPA, CCPA & CPRA. Our Privacy Practice Group is available to assist with policies, notices, general compliance for employers, and the defense of investigations and litigation.
Senate Committee Questions DOL, EEOC Nominees
Senate Committee Questions DOL, EEOC Nominees
On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity Commission. The nominees included Jonathan Berry (solicitor, DOL), Andrea