On July 1, 2025, the Occupational Safety and Health Administration (OSHA) issued a notice of proposed rulemaking (NPRM) seeking to clarify and narrow the application of the General Duty Clause, 29 U.S.C. § 654(a)(1), as it pertains to inherently risky activities that are integral to certain professional and performance-based occupations.
Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge
In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions blocking enforcement of federal policies. While the decision did not resolve the underlying constitutional
FY 2026 H-1B Cap Filing Period Has Now Closed—What’s Next?
After U.S. Citizenship and Immigration Services (USCIS) website users reported a high number of technical issues on June 30, 2025, when attempting to file H-1B cap-subject petitions through USCIS’s online platform, USCIS extended the fiscal year (FY) 2026 H-1B cap filing deadline for online filings from June 30, 2025, to
NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules
In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law Against Discrimination (NJLAD) finding that such claims were completely preempted under the National Labor Relations Act
Florida’s New State Laws Hitting the Books This Summer
As their employees flock to Florida’s famous beaches, water parks, and pools this summer, Florida employers need to look out for a wave of new legislation that became effective on July 1, 2025. While over one hundred new laws are going into effect, what follows is a brief summary of
WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks statutory authority under the Fair Labor Standards Act (FLSA) to unilaterally terminate the practice.
Oregon Enacts Wage Deduction Transparency Law
Oregon law requires employers to provide employees with itemized wage statements on regular paydays. Such statements must include details, such as date of payment, dates of work covered, employee’s name, employer’s name and contact information, pay rates, gross and net wages, deductions, and hours worked. Statements can be provided electronically
Texas Widens Limitations on Noncompete Agreements With Healthcare Practitioners
Texas Widens Limitations on Noncompete Agreements With Healthcare Practitioners
Key Changes to Chicago’s Labor Ordinances, Effective July 1, 2025
On July 1, 2025, several important changes to Chicago labor ordinances went into effect. Chicago’s Minimum Wage Ordinance, Fair Workweek Ordinance, and Paid Leave and Paid Sick and Safe Leave Ordinance have all seen significant changes that will impact employers and employees.
Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave
A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act (FMLA) where they have additional information about an employee’s health condition.
California’s AI Employment Discrimination Regs Receive Final Approval
The California Civil Rights Council has finally secured approval for its long-awaited regulations regarding employers’ use of artificial intelligence (AI), algorithms, and other automated decision systems. The agency says the regulations will clarify how existing administrative laws apply to the use of emerging technology to make employment decisions. The approval
OFCCP Proposes Changes to Employment Discrimination Complaint Forms
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) is slated to publish, on July 7, 2025, an information collection request seeking comments relating to complaints involving employment discrimination by federal contractors or subcontractors.
Supreme Court Decision Legalizing Same-Sex Marriage Hits 10-Year Anniversary
Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. In the decade since the Supreme Court’s landmark decision, protections for LGBTQ+ employees in the workplace continue to evolve, including the Supreme Court’s subsequent
Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process
In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with their employers. The court in Tarquinio v. Johns Hopkins University Applied Physics Lab affirmed that the employer acted
District of Columbia’s Pause on Tipped Wage Increase Signals Grim Future for Initiative 82
In November 2022, voters in Washington, D.C., approved Initiative 82, the “District of Columbia Tip Credit Elimination Act of 2022,” which set forth a gradual elimination of the use of the tip credit in the District by 2027. In doing so, the District’s minimum cash wage (i.e., the subminimum wage