In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox Corporation v. Local 14A, Rochester Regional Joint Board, Xerographic Division Workers United. The court’s
Federal Lawsuit in New York Raises Questions About Remote Workers’ Rights Under State WARN Laws
The media companies Paramount Global and CBS Interactive, Inc., are facing a class-action lawsuit in federal court over recent layoffs, which allegedly occurred without the proper warning. The outcome of the case may shed light on when remote workers who live out of state can have standing to sue under
Michigan Amends Its Minimum Wage Law With Additional Changes
On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8, amending the Improved Workforce Opportunity Wage Act (IWOWA)—Michigan’s minimum wage law—which was set to be reinstated effective the same day. The amendments became effective upon signing. Governor Whitmer also signed House Bill 4002, amending the paid sick leave law,
Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code
On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code.
Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders
On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and initiatives in the federal government and in federal contracting.
FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor markets and consumer protection, including targeting unreasonable noncompete agreements, no-poach, non-solicitation, and no-hire agreements,
Beltway Buzz, February 28, 2025
The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
Alabama Eyes Portable Benefits for Freelancers and Gig Workers
Certain states have considered enacting legislation facilitating the creation of portable benefit accounts for independent contractors, including gig economy workers. These accounts attach to the individual worker rather than a specific employer, allowing them to pay for various expenses such as health benefits, income replacement insurance, life insurance, and retirement
Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases
The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination.
Florida Court Rules That the Florida Constitution Required a Public Employer to Accommodate Off-Duty Medical Marijuana Use
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave
Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave
New York Amends the Warehouse Worker Injury Reduction Act
On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808).
Constitutional Clash: Trump Administration Appeals Ruling Blocking DEI Orders as More Challenges Filed
While the Trump administration appeals a recent federal court ruling that blocked enforcement of key parts of two executive orders (EO) to restrict diversity, equity, and inclusion (DEI) programs and initiatives, the administration faces additional legal challenges alleging the DEI executive orders and an order claiming that there are only
New Challenges Loom for OSHA and OSHRC Amid Quorum Issues, Potential ALJ Removals, and Recent Supreme Court Jurisprudence
“The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) since early 2023.
Ninth Circuit Affirms ERISA Plan Administrator’s Decision, Validates Use of Industry Guidelines and Medical Evidence
On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in Wit v. United Behavioral Health, in which he attempted to significantly change how Employee Retirement Income Security Act (ERISA)–governed health plans were administered, particularly third-party administrators’