Compliance Stuff

On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace . The proposal to rescind the guidance was approved two-to-one, with Chair Andrea Lucas (R) and Commissioner Britanny Panuccio (R) voting to repeal the document, and Commissioner Kalpana Kotagal (D) voting against rescission. The rescission is unsurprising now that the Commission has a quorum. Almost immediately after assuming her role as then-acting chair in January 2025, now-Chair Lucas signaled her opposition to portions of the guidance and indicated that she would seek to rescind or revise it as soon as she had the votes to do so. While the rescission is effective immediately, as a legal matter, the repeal of non-binding EEOC guidance does not dramatically alter federal anti-harassment law, nor does it bear on state civil rights laws that prohibit workplace harassment. History of Harassment Enforcement Guidance In 2015, the EEOC established ...

Reductions in force and furloughs are on the rise. Recent layoff numbers are climbing. We’re seeing some of the highest monthly totals ever recorded. If your company is considering a RIF, thorough preparation is key. Identify and document the reason for the layoff and the criteria that will be used to select impacted employees. Determine whether there will be union notice and bargaining requirements. Review severance plans, employment agreements, and offer letters to assess separation entitlements. And don’t forget about the federal WARN Act and the 13 state mini-WARN Acts, which require as much as 90 days’ notice for some layoffs. Once selections are made, consider whether a statistical adverse impact analysis is needed to identify risks. Prepare Older Worker Benefit Protection Act disclosures. Establish a process for how to deal with employees on leaves and visas. And confirm timing of final pay and PTO payouts, which may vary from state to state. Finally, have a clear and consis...

  Utah joins California, New Jersey, and New York enacting, H.B. 55, A law prohibiting confidentiality clauses regarding sexual misconduct.  H.B.55 adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non disparagement clauses regarding sexual misconduct (sexual assault or harassment) required as a condition of employment are against public policy, void and unenforceable.  H.B. 55 also prohibits an employer retaliating against an employee for: (1) making an allegation of sexual harassment or assault, or (2) refusing to enter into an agreement or employment contract that contains such nondisclosure or non-disparagement clause.   H.B.55 was signed into law on February 28, 2024, providing a retroactive effective date of January 1, 2023   Source(s):  Littler , received on March 4, 2024.