8/28/25
By: Mariam E. Grace and Daniel Parker Jett
On June 27, 2025, the California Civil Rights Council (“Council”), supported by California Civil Rights Department (“CRD”) staff, secured final approval for revisions to Title 2 of the California Code of Regulations. …
Intent over negligence: Sixth Circuit redefines employer liability for customer harassment
8/27/25
In a decision that could reshape how employers respond to harassment by non-employees, the Sixth Circuit in Bivens v. Zep, Inc. held that liability under Title VII requires more than negligence—it demands intent or near-certainty. This …
2025: A year of tumult for the National Labor Relations Board
8/25/25
For an agency which has existed for 90 years, it is safe to say that the year 2025 has been the most tumultuous for the National Labor Relations Board (“NLRB”). With four months remaining on …
Employers receiving federal funds face renewed scrutiny of DEI and anti-bias programs
8/7/25
On July 29, 2025, Attorney General Pam Bondi issued a memorandum to federal agencies accompanied by new guidance addressing how recipients of federal funding must comply with anti-discrimination laws. While the message is framed broadly, it …
7/31/25
By: Emaan Ali Bangash and Robert Chadwick
With the Astronomer CEO Coldplay kiss cam scandal taking the internet by storm, employers should take a good hard look at their workplace romance policies. Though most employers have anti-harassment policies, these policies …
Trump moves to restore quorum on National Labor Relations Board
7/23/25
President Donald J. Trump has formally nominated Scott Mayer and James Murphy to fill the two vacant Republican seats on the National Labor Relations Board (“NLRB”), sending their names to the U.S. Senate for confirmation. These …
7/18/25
By: Emily R. Muzyka
Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (also known as the CHOICE Act), has gone into effect as of July 1, 2025. The Act provides for non-competition periods of up to four (4) …
7/16/25
By: Shane Miller
If an employee misses work for a medical reason, a prudent employer should pause to consider if the absence may be protected by the Family and Medical Leave Act (FMLA). The employer should be cautious about taking …
DOL proposes refined rules for federal contractors
7/14/25
Hot off the presses, on July 1, 2025, the Department of Labor’s Office of Federal Contract Compliance Programs, better known as “OFCCP,” released three proposed rules to President Trump’s Executive Order 14173 (which eviscerated federal affirmative …
Recent amendments to Pittsburgh’s Paid Sick Days Act expand employee protections
7/10/25
Following unanimous approval from City Council, Pittsburgh Mayor Ed Gainey signed an ordinance last month amending Pittsburgh’s Paid Sick Days Act (“PSDA” or the “Act”). As a result, employees working for or in the City of …
DOL Wage and Hour Division changes FLSA liquidated damages policy
7/3/25
By: Thomas R. Starks
On June 27, 2025, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a Field Assistance Bulletin, marking a major shift in enforcement under the Fair Labor Standards Act (“FLSA”). Effective immediately, DOL staff …
7/2/25
On Friday, the Supreme Court ruled in Trump v. CASA, Inc., — S. Ct. —, 2025 WL 1773631 (June 27, 2025) that district courts likely do not have the equitable authority to issue nationwide …