The California Civil Rights Department (CRD) has recently approved regulations under the Fair Employment and Housing Act (FEHA) to address discrimination in employment resulting from the use of automated decision-making systems, including artificial intelligence (AI) and algorithms. These regulations apply to all employers covered by the FEHA and will likely
Increased Workplace Protections for Volunteer Emergency Service Providers in Montana
Takeaways
Only certain volunteer emergency service providers and members are subject to HB 128. Employers may not terminate volunteer emergency service providers or members after their probationary period has ended for being absent or late to work due to performing emergency volunteer services. Employees must
OSHA Extends Heat Hazard Program: Employers Should Act Before Summer Sets In
TakeawaysOSHA recently extended its National Emphasis Program on outdoor and indoor workplace heat-related hazards to 04.08.26.Employers should take this opportunity to review and update their workplace safety and heat illness prevention programs.Taking proactive steps can help employers reduce risks, demonstrate good faith compliance and prepare for potential OSHA inspections.Related link
Norfolk Workplace Law Series: Wrapping Up ’25 and Looking Ahead to ’26: Updates on Key Employment Law Issues
Join Jackson Lewis P.C. attorneys for a two-part series that will cover the challenging and dynamic workplace law landscape in 2025 and beyond. We will discuss some of the most pertinent and rapidly developing areas of labor and employment law and how to comply with new requirements. We welcome all in-house counsel, business executives and human resource professionals to attend.AgendaRegistration and Breakfast | 8:30–9:00 a.m.Program | 9:00 a.m.–12:00 p.m.
Norfolk Workplace Law Series: Key Employment Law Updates for Employers in 2025
Join Jackson Lewis P.C. attorneys for a two-part series that will cover the challenging and dynamic workplace law landscape in 2025 and beyond. We will discuss some of the most pertinent and rapidly developing areas of labor and employment law and how to comply with new requirements. We welcome all in-house counsel, business executives and human resource professionals to attend.AgendaRegistration and Breakfast | 8:30–9:00 a.m.Program | 9:00 a.m.–12:00 p.m.Key Employment Law Updates for Employers in 2025
We get Privacy for work: Defining Reasonable Safeguards
Many federal and state laws require companies to have reasonable safeguards in the event of a data breach, but do not clarify what those protections actually are.
Kelly Eisenlohr-Moul Joins Jackson Lewis in Chicago
CHICAGO, IL (May 1, 2025) — Nationwide employment law firm Jackson Lewis P.C. is pleased to announce that Kelly Eisenlohr-Moul has joined the firm as a principal in its Chicago office. Kelly brings nearly 20 years of experience handling all aspects of labor and employment law matters.
Justin Barnes and Jeffrey Brecher Author “Independent Contractor Rule Up In The Air Under New DOL”
Justin Barnes and Jeffrey Brecher author “Independent Contractor Rule Up In The Air Under New DOL,” published by Law360. Subscription may be required to view article
Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards
On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University, No. 23-1007.
Background
The plaintiffs in Cunningham accused Cornell’s retirement plans of engaging in prohibited transactions by paying
Mandating English Proficiency for Truck Drivers: Trump EO Shifts Policy for Transportation Industry
TakeawaysA new EO reinstates enforcement of the English proficiency rule for drivers of commercial motor vehicles.The EO directs the Department of Transportation to issue new guidance and revise inspection procedures.Transportation industry employers should also be mindful of states requiring or considering English proficiency for drivers of commercial motor vehicles.Related links
Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees
TakeawaysThe Trump DOL has officially notified the Fifth Circuit that it intends to reconsider the 2024 final rule raising the FLSA salary level for “white collar” exemptions.It has asked for a litigation stay pending the agency’s further reconsideration of the rule. District courts had enjoined the 2024 final rule, but the Biden DOL appealed the case to the Fifth Circuit.Related links
San Francisco Employers, Don’t Forget the Annual Reporting Form Due May 2!
Employers subject to San Francisco’s Fair Chance Ordinance or the Health Care Security Ordinance are required to submit the Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) by May 2, 2025. The Annual Report Form provides the OLSE with a snapshot of the employer’s
DOJ New Data Transfer Rule Impacts Hiring Practices, Business Operations, and Vendor Management: Time to Review Your Privacy + Cybersecurity Program
TakeawaysThe rule prohibits or restricts U.S. companies from making sensitive data available to “countries of concern” or certain persons located in or associated with them.The rule applies to hiring practices, vendor engagement, investor due diligence, and data brokerage.Enforcement begins 07.08.25.Related link
U.S. Still Leads in Attracting International Talent — But For How Long?
Takeaways
The United States continues to attract the largest share of international graduate students, particularly in STEM fields, but its dominance may be slipping. Other countries are expanding their post-study work options and streamlining their immigration pathways to compete for the world’s best and brightest. U.S. employers seeking to
Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It
TakeawaysFederal agencies are expected to limit their enforcement of disparate impact discrimination claims.Employers should look to remove barriers to equal employment opportunity and avoid making any employment decision based on race, sex, or other protected characteristic. Employers may soon receive agency guidance or technical assistance regarding appropriate methods to promote equal access to employment regardless of whether an applicant has a college education.Related links