Under the Americans with Disabilities Act (ADA), the interactive process for accommodations requires an ongoing dialogue between employer and employee to identify appropriate accommodations.  Ultimately it is the employer’s decision, but the employer cannot unilaterally make a decision without dialogue.  Many times, an accommodation is either at no cost or up to about $200, so an accommodation should be doable.

Massachusetts, California and the state of Washington have new pay transparency requirements that employers need to be aware of.

Can you add a tobacco surcharge to healthcare premiums? The answer is yes.  However, since tobacco surcharges were instituted by various employers, they have been under attack by employees, particularly through class action lawsuits.  There have been more than 30 putative class actions against employers challenging tobacco premium surcharges in recent years.  There have been four settlements during this time, with the settlements ranging from 35-62% of the value of the tobacco...

On July 29, 2025, in a guidance memorandum from Attorney General Pam Bondi, the Department of Justice (DOJ) describes the types of Diversity, Equity, and Inclusion (DEI) programs and practices that would violate federal antidiscrimination laws.  Specifically, the memo targets recipients of federal funding, but the guidance provides a general understanding for all employers. 

On September 19, 2025, President Trump signed a proclamation upending the pricing structure for H-1B visas.  Specifically, the proclamation states some employers:

The “No Robo Bosses Act” (SB 7), which aims to regulate the use of automated decision systems (ADS) in the workplace, is currently sitting on Governor Newsom’s desk waiting for signature or veto by end of month.  The bill is a new approach to the state regulating AI in the workplace. Although Governor Newsome has not indicated whether he would sign or not, if he did, the law would be effective January 1, 2026.

In 2024 Colorado became the first state in the nation to enact comprehensive regulation of artificial intelligence (AI) with Senate Bill 24-205 (SB205), also known as the Colorado Artificial Intelligence Act (CAIA). The law is comprehensive, similar to the European Union Artificial Intelligence Act. It established detailed compliance obligations for developers and users of "high-risk" AI systems operating in employment, housing, finance, health care, education, and essential...

The Pregnant Workers Fairness Act (PWFA) is still fairly new, and there are limited cases to guide HR in shaping policies and internal practices. The cases below, filed by the EEOC, offer insight into how the agency is approaching and reviewing allegations of PWFA violations.

In recent years employees have requested earlier access for earned wages than the normal payroll period.  With employees at times financially struggling, access to their earned wages outside of the normal payroll allows them flexibility to pay bills, rent, and other expenses in a timely manner. A recent study shows that 60% of Americans live paycheck to paycheck, making Earned Wage Access (EWA) a valuable financial benefit for employees. This is different than a payday loan which is a...

In a novel case going through the New York state court system, Julie Ormond, Legends of the Fall and Sabrina actress, is suing Disney, Miramax, and her former talent agency who she says failed to protect her from abuse. Ormond’s complaint sought to plead negligent supervision and negligent retention against Miramax and Disney, and negligence and breach of fiduciary duty against her talent agency, CAA, in an attempt to hold them liable. Ormond alleged that Miramax and Disney employed...

On October 1, 2025, California’s new regulations on the use of artificial intelligence (AI) in the workplace will come into force.  The amendments extend the non-discrimination provisions of FEHA to explicitly cover automated-decision systems. 

In the movie “Her,” Joaquin Phoenix plays a man who falls in love with his AI assistant.  Could it happen in real life?  According to Live Science, a scientific magazine, modern AI assistants like Alexa have increasingly human-like qualities that raise users' propensity to engage and form emotional bonds – even to the point of falling in love. Studies show that people can fall in love or form close friendships with AI, even while fully aware that AI is not...

With measles on the rise, what should employers do if an employee has it?  Right now, Measles primarily affects children and those unvaccinated. As of June 3, 2025, the Johns Hopkins Bloomberg School of Public Health's U.S. Measles Tracker reported there were 1,151 confirmed cases of Measles in the United States.

With cell phones and listening devices now a part of everyday life, it’s becoming increasingly challenging for employers, especially HR, to manage situations where employees record conversations at work, from casual talks with managers to formal disciplinary meetings. The following guide outlines what HR professionals should know about when recording is allowed and when it’s not.

On June 4, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, petitions for classification, and change of status relating to the TN (or Treaty NAFTA) nonimmigrant visa classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA).

With the One Big Beautiful Bill (OBBB), a number of provisions impact employers.  Below is a summary of the major ones.

On June 6, 2025, the U.S. District Court issued a long-awaited final approval of a $2.8 billion settlement in the blockbuster Grant House, et al. v. National College Athletic Association, et al., No: 5:20-cv-3919, ( U.S. District Court for the Northern District of California, June 6, 2025) antitrust case that allows for direct sharing of revenue between NCAA colleges and universities and thousands of student-athletes. NCAA rules “prohibit student-athletes from receiving anything of...

On 7/1/2025 the U.S. Department of Labor (DOL) submitted a rescission of the Office of Federal Contract Compliance Programs (OFCCP) regulations to the Office of Management and Budget (OMB).  This rescission complies with the requirements of Executive Order 14173 which revoked Executive Order 11246, the affirmative action executive order.  These regulations are the next-to-final nail in the affirmative action Executive Order 11246 coffin. 

If you are a federal contractor and engage in any diversity or DEI activities, the answer is yes.  In Executive Order 14173, President Trump wrote that contractors may be subject to FCA claims based on their DEI activities.  Although there are conflicting rulings on the DEI certification by courts in the 4th and 7th Circuits concerning both the 14173 and 14151 certifications, once the DEI certification comes into effect, it could be a field day for plaintiff attorneys, and it...

From the service dog to the emotional support peacock and ferret, employers are receiving more requests from employees who want to bring these animals to work.  Title I of the ADA prohibits disability discrimination in the employment context and requires employers to provide reasonable accommodations to applicants and employees.  But Title I is silent in reference to service and emotional support animals. 

In recent years, religion has played a growing role in civil rights enforcement. Cases like Masterpiece Cakeshop v. Colorado Civil Rights Commission (584 U.S. 617, 2018) examined whether a business owner could refuse to create a custom wedding cake for a same-sex couple based on religious beliefs, even though they were willing to sell other pre-made items. More recently, Groff v. DeJoy (No. 22-174, June 29, 2023) raised the standard for how far employers must go to accommodate religious...

Last week, the administration unveiled the details of its proposal to slash around $163 billion in federal spending for the 2026 fiscal year which starts October 1st.  Unsurprisingly, many of the cuts hit agency staffing and activities.  The1,220-page document and agency blueprints show the extent of the administration’s push of a vast transformation in Washington. Although the administration, like previous administrations, would like their budget to go unscathed by...

Mercer Marsh Benefits' Health Trends Report surveyed 225 insurers in 55 markets and found that they are expecting half of employers will "want to reduce plan coverage to manage costs in the coming year."

The EEO-1 portal opened yesterday, May 20, 2025, and covered employers will have until June 24, 2025, to submit their reports. The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria to submit workforce demographic data, including data by job category, sex, and race or ethnicity to the EEOC.   

Disparate impact is a difficult method to prove discrimination.  Generally, it is a practice or policy that is neutral on its face yet has significant impact on an affected party. The disparate impact analysis was first discussed in Griggs v. Duke Power, 401 U.S. 424 (1971), which held that Title VII “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation”. In 1991, Congress amended Title VII to add Section 703(k),...