Tag: Employment law

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Artificial intelligence (AI) is transforming how companies find, evaluate, and hire talent, but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR teams must take a closer look at their hiring tools to avoid legal and compliance risks. Let’s break it down. What’s Happening in California? […]

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Test for Classifying Workers is Shifting Away From ‘Economic Reality’

In May 2025, the Trump administration’s U.S. Department of Labor (DOL) published guidance saying that it would stop enforcing a Biden-era rule—one that had rescinded a rule created during the first Trump administration—on the factors distinguishing independent contractors from employees. Although the Biden-era rule remains “on the books” for now while the DOL considers replacing […]

Safeguarding Intellectual Property in the Modern Workplace

In 2024, the Federal Trade Commission (FTC) issued a rule banning most noncompete agreements nationwide. Although enforcement is currently stayed (paused) pending legal challenges, courts and legislatures continue to narrow or eliminate noncompete enforceability—prompting employers to reevaluate how they protect proprietary information and competitive advantage. In response, many employers are turning to trade secret law. […]

Which Laws Apply to My Out-of-State Remote Employees?

While an increasing number of employers are requiring their remote employees to return to the office, it’s safe to assume that some employees may continue to work remotely. For their employers, it’s important to remember that many employment laws are state-based and may vary by jurisdiction. Examples of employment issues that can be controlled by […]

Case Study: New York State’s Guidance on Paid Prenatal Leave Law

Beginning on January 1, 2025, New York State’s amended Paid Sick Leave Law will require employers to provide New York employees with up to 20 hours of paid leave every year for “prenatal personal leave,” which is defined as “leave taken for the health care services received by an employee during their pregnancy or related […]

Federal Judge in Beaumont Sanctions Employee’s Lawyer for AI Fabrications

A straightforward wrongful termination claim resulted in a $2,000 sanction against a lawyer representing a former employee. Why? Inartful use of artificial intelligence (AI). Reading the Rules The federal judges covering the Eastern District of Texas (the eastern part of our state, roughly from Beaumont to Texarkana to Plano) issued a rule on the use […]

How to Handle Compliance Violations with Care

Workplace investigations are an important part of any organization’s efforts to maintain a fair, safe, and legally compliant environment. HR plays a crucial role in ensuring that these investigations are conducted thoroughly, impartially, and in compliance with all relevant laws and company policies. Whether the investigation surrounds harassment allegations, safety violations, or a different form […]

What Nonprofit Employers Need to Know for 2025

Nonprofit organizations face a rapidly evolving employment landscape shaped by economic pressures, technological advancements and shifting workforce expectations. As we begin the new year, it is of the utmost importance that all employers (including non-profit employers) ensure they are complying with recent changes in employment laws. It is a great time to review and update […]

Genetic Privacy Litigation on Rise

Companies that demand employees provide medical records or family medical history during pre-employment physicals or fitness-for-duty exams are being challenged under the federal Genetic Nondiscrimination Act of 2008 (GINA) and Illinois’ Genetic Information Privacy Act. Under the laws, an employer can ask for disability information or conduct medical examinations only after giving a conditional job […]

Case Study: How to Avoid Common Arizona Employer Handbook Mistakes

While the number of employment laws Arizona employers are required to follow has steadily increased over the years, employment in Arizona remains largely policy-based. This means employment handbooks are critical to managing employee expectations, establishing performance and behavior standards, and protecting employers from legal liabilities. However, many handbooks fall short of their intended purpose because […]