Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
Labor Law - General
With two Board member vacancies open for incoming President Trump to fill with Republicans, the National Labor Relations Board is expected to shift to a 3 – 2 Republican majority.
FLSA - General
While many anticipate a more business-friendly administration, the appointment of a seemingly pro-labor Republican as Labor Secretary and President Trump’s populist instincts could make it hard to predict what the year ahead will bring for wage and hour law.
HR - General
The recent Supreme Court decisions in Loper Bright , Jarkesy , Corner Post and Muldrow will continue to impact employers and the landscape in which they operate.
Restrictive Covenants
For 2025, and perhaps beyond, the writing appears to be on the wall for true non-competes. Prudent employers looking down the road should make sure they are doing what they can to strengthen their other restrictive covenants and protection of confidential information and trade secrets.
HR - Diversity, Equity and Inclusion (DEI)
“It's harder and harder to be a day-to-day HR professional or managing legal in an organization due to the myriad of differences between state and local laws. That requires an analysis of whether we want to go to lowest common denominators, which involves consideration of stakeholders and costs, or
Immigration - Visas
TakeawaysA second Trump administration may align U.S. immigration policy with U.S. workforce needs on this particular aspect more than the first one did.Despite limitations, the H-1B visa program has been instrumental in sustaining U.S. dominance in technology and innovation.Employers will need to s
California - General
“Throughout the year, we certainly find some of the policies that we think ‘we should maybe change that moving forward.’ The beginning of the new year is a great opportunity to take a look at these things with new eyes and work with our management teams to really be business partners and not just ad
California - General
“PAGA is a statute that's not employer-friendly, but one of the benefits of this last year is that we had some amendments come through that did, for lack of a better phrase, throw employers a little bit of a bone when it came to dealing with PAGA cases. One benefit is an expanded ability to cure lab
OSHA - General
“The watchword is uncertainty. I don't think there's any question that the Trump administration is going to usher in a more pro-business, anti-regulatory administration and emphasis. But I do think that there's a lot that remains to be seen about how that will actually go into effect. [Post Loper Br
HR - Artificial Intelligence (AI)
“It’s like an AI chicken or the egg conundrum. Who should own the liability there? Should it be the developers of these technologies or should it be the users? If you're trying to make that determination, where does that line fall? This uncertainty has worked its way into different legislation acros
HR - Privacy & Surveillance
“It's this constant sense of governance — risk and compliance processes that should take place whenever you're dealing with these technologies. If there was one goal I would recommend for next year, that would be more collaboration between the stakeholders [IT, legal, HR, the business area deploying
FLSA - General
“A corollary to the populist instincts of president-to-be Trump [i.e., his possible support for some increase to the federal minimum wage] is this issue about removing taxes on tips. This is something that could certainly happen in 2025 — and it would be the most important effect on the wage and hou
Sex Discrimination - Pregnancy
As the Pregnant Workers Fairness Act continues to generate a significant amount of court litigation and requests for mental health accommodations continue to rise, the anticipated challenges and trends in disability leave, health management and workplace accommodations for 2025 are numerous.
Immigration - General
What can employers expect regarding changes in immigration and worksite enforcement under a second Trump administration? From pending asylum applications, temporary protected status, immigration benefits through humanitarian parole programs, DACA, raids and more, past experience and promises made du
HR - General
“Most of our clients and most employers out there understand that there's going to be a pendulum swing. The key thing for us right now is to make decisions that consider where the law is and where it might go, understanding that we have four-year terms in the presidential administrations and things
Immigration - General
“A lot of employers have very innocent mistakes on their I-9s or employees have expired work authorization and they don't even realize it. These are things immigration counsel can help with and protect employers from liability before the enforcement starts.”
Restrictive Covenants
“All of this is to say that for 2025, and perhaps beyond, the writing appears to be on the wall as to true non-competes. They, whoever they are, are coming for employers who are aggressive in their choice of which employees are bound by true non-competes, the extent of the restrictions and the enfor
ADA - Reasonable Accommodation
“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you've really got your eye on the ball, that you're plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.”
California - General
The Golden State had lost some of its luster among California employers due to its Private Attorneys General Act (PAGA), with some calling it “one of the least just and fair laws that employers are dealing with today in California.” Yet two recent PAGA amendments may help restore the state’s busines
OSHA - General
Despite the return of a known pro-business administration, employers can expect changes in workplace safety and health regulations in 2025 to be coupled with significant uncertainty.