Monthly Archives: May 2025

EEO-1 Reporting Window Expected to Open May 20, 2025

2025-05-09T11:35:57-07:00May 10th, 2025|

Applies to: All Private Employers with 100+ Employees or Federal Contractors with 50+ Employees Effective: May 20, 2025 Quick Look The 2024 EEO-1 data collection is set to open on May 20, 2025, and close on June 24, 2025. A new proposed 2024 Instruction Booklet requires federal contractor employers with 50 or more employees to

White House Memo Directs Repeal of Unlawful Regulations

2025-05-09T11:34:27-07:00May 10th, 2025|

Applies to: All Employers Effective: As Indicated Quick Look A Presidential Memorandum issued April 9, 2025 directs the heads of all executive departments and agencies to repeal “unlawful regulations.” With the stated purpose of promoting economic growth and American innovation as top priorities, the memo cites Executive Order 14219 (Ensuring Lawful Governance and Implementing the

Is Disparate Impact Discrimination Gone?

2025-05-09T11:32:54-07:00May 10th, 2025|

Applies to: All Employers with 15+ Employees Effective: April 23, 2025 Quick Look Executive Order 14281 instructs federal agencies to “deprioritize” enforcement of disparate impact discrimination under Title VII of the Civil Rights Act. DISCUSSION A recently signed Executive Order 14281, titled “Restoring Equality of Opportunity and Meritocracy,” instructs federal agencies to “deprioritize” enforcement of

Commercial Drivers Must Meet English Proficiency Standards

2025-05-09T11:31:07-07:00May 10th, 2025|

Applies to: All Employers with Employees Subject to the FMCSA Effective: April 28, 2025 Quick Look The FMCSA is directed to put drivers out-of-service who do not meet existing regulatory requirements for English proficiency. DISCUSSION Recently signed Executive Order 14286 directs the Federal Motor Carrier Safety Administration (FMCSA) to enforce existing English proficiency requirements for

Second Circuit: Employers May Be Required to Provide Accommodations to Employees, Even if They Can Perform the Job Without It

2025-05-09T11:28:50-07:00May 10th, 2025|

Applies to: Employers with Employees in CT, NY and VT Effective: March 25, 2025 Quick Look Under the ADA, employers may be required to accommodate an employee’s disability even if the employee can perform the job without a reasonable accommodation. DISCUSSION On March 25, 2025, the Second Circuit Court of Appeals issued an opinion in

Sixth Circuit: Daily Rate Does Not Align with Exempt Classification

2025-05-09T11:27:40-07:00May 10th, 2025|

Applies to: All Employers with Employees in KY, MI, OH, TN Effective: April 1, 2025 Quick Look To be overtime exempt, an employee must be paid based on a regular week’s worth of work, rather than a fraction of it. Guaranteed payment for a single day’s work does not equate to a salary. DISCUSSION In

Arkansas: Earned Wage Access Services Act

2025-05-09T11:26:30-07:00May 10th, 2025|

Applies to: All Employers with Employees in AR Effective: As Indicated Quick Look HB 1517 enacts Arkansas’s Earned Wage Access Services Act (EWA) and goes into effect 90 days after the state legislature adjourns. The EWA allows employees to access their wages as they are earned through consumer-directed earned wage access services. DISCUSSION HB 1517

California: Final Regulations for Automated Decision-Systems

2025-05-09T11:25:19-07:00May 10th, 2025|

Applies to: Employers with Employees in CA Effective: As Indicated Quick Look The California Civil Rights Department finalized modified regulations for employers’ use of AI and automated decision-making systems. The regulations confirm that the use of such technology to make employment decisions may violate the state’s anti-discrimination laws and clarify limits on such technology. DISCUSSION

California: Prospective Meal Period Waivers are Enforceable

2025-05-09T11:24:16-07:00May 10th, 2025|

Applies to: All Employers with Employees in CA Effective: April 21, 2025 Quick Look Written meal period waivers that are voluntary and may be revoked at any time are enforceable on a prospective or going-forward basis. DISCUSSION In La Kimba Bradsbery v. Vicar Operating, Inc., the California Court of Appeal said that revocable, prospective meal

California: Representative PAGA Claim Barred by Individual Claim Statute of Limitations

2025-05-09T11:23:23-07:00May 10th, 2025|

Applies to: All Employers with Employees in CA Effective: April 22, 2025 Quick Look A plaintiff whose individual Private Attorneys General Act (PAGA) claim was barred by the statute of limitations may not revive their claim through a representative-only PAGA claim. DISCUSSION In Williams v. Alacrity Solutions Group, LLC, the California Court of Appeal said

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