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Showing posts with the label 2025-08-08 Digest

Key Takeaways from the White House Crypto Report

Introduction On July 30, 2025, the White House released a 166-page report titled “ Strengthening American Leadership in Digital Financial Technology ” (the “Report”).[1] Authored by a working group of cabinet members and federal agency officials, the Report calls for the expansion of American digital asset markets; the abandonment of “regulation by enforcement” with a refocus of enforcement efforts on terrorists, drug cartels, and other bad actors; and a revamp of bank regulatory and tax policies, among other things. It identifies key federal and other regulators that exercise jurisdiction over digital asset markets and endorses the most sweeping set of Executive Branch recommendations to change financial laws within the United States since the Dodd-Frank Wall Street Reform and Consumer Protection Act. Digital Asset Market Structure: The SEC and CFTC Consistent with previous administrations, the Report recognizes the Securities and Exchange Commission (SEC) and the Commodity Futures T...
KEY TAKEAWAYS: Employees with disabilities may be entitled to reasonable accommodations even if they can perform the essential functions of their job without an accommodation. Ability to perform the essential functions of the job is relevant to a failure-to-accommodate claim, but it is not dispositive. In a recent Second Circuit decision from March,  Tudor v. Whitehall Central School District , the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA). Specifically, the court ruled that employees with disabilities may be entitled to reasonable accommodations  even if  they can perform the essential functions of their job without one. In  Tudor,  plaintiff appealed a decision from the U.S. District Court for the Northern District of New York granting summary judgment in favor of the defendant on a failure-to-accommodate claim brought pursuant to the ADA. The lower court ruled that an employee’s...

Colorado Governor Calls Special Session to Revisit Groundbreaking AI Law: 3 Possible Paths We Foresee

Colorado Governor Jared Polis just called for a special legislative session starting August 21 to revisit the state’s landmark artificial intelligence law, signaling that employers and businesses may gain a reprieve from what is slated to be the nation’s most restrictive AI law. The law, set to take effect February 1, 2026 , would impose first-in-the-nation restrictions on high-risk AI systems used in employment and other consequential decisions . But growing concerns from industry, regulators, and lawmakers triggered yesterday’s push by the Governor to pause, revise, or fine-tune the legislation before the clock runs out. Here’s what’s happening, the three possible paths we foresee during this session, and what your organization should be watching for. A Quick Recap: What Will Colorado’s AI Law Actually Do? Signed in May 2024, SB 205 sets out a comprehensive framework to curb algorithmic discrimination in employment, housing, lending, and a slew of other areas.   You can read a fu...

EntertainHR: Tick tock, TikTok: Why Employers Should Evaluate Social Media Policies

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  TikTok is home to many viral video trends, including “day in the life” and “story time” videos. “Day in the life” videos frequently contain short, collected clips of a user’s day with music, text, or voice-overs explaining their day-to-day roles (and possibly their workplace).   For example, a “day in the life” video may feature an attorney badging into their office building, walking to their office, getting a cup of coffee, and sitting down at their desk to work on a brief.   “Story time” videos are often first-person videos of an individual explaining something that happened to them at work and are typically filmed outside the workplace and not in uniform. For example, a “story time” video may feature a worker in their living room explaining a story about a “crazy customer” or about their “bad coworker’s” behavior that day.   While the risks of social media in the workplace may seem obvious to some, platforms are complicated to navigate as it appli...

Does an employer have recourse when a whistleblower steals confidential information?

Does an employer have recourse when a whistleblower steals confidential information? Companies routinely require employees to sign Non-Disclosure Agreements. These “NDAs” advance the employer’s entirely legitimate interest in protecting confidential and proprietary information. However, a question that often arises is the following: what recourse does an employer have when it learns that, on the way out the door, a former employee accessed extensive confidential information and sent it to their own personal email? Can the employer sue the former employee for breach of contract? Will the employer prevail? This is a topic which courts across the country continue to wrestle with. Resolving the issue requires striking a balance between an employer’s legitimate business interests and the rights of whistleblowers to preserve information needed to advance their legal claims. While the law remains unsettled, most courts consider the following three factors in deciding whether to side with th...

Rethinking Workplace Investigations in 2025: Getting It Right from the Start

We’ve all been there. It’s a busy afternoon, and an unexpected employee complaint lands in your inbox. You pause and think,  “What do I do now?”  The short answer? If you don’t know the key facts, it’s time to investigate. In 2025, the stakes remain high. Once an employer is on notice of potentially improper work-related conduct, they are legally obligated to conduct a prompt, thorough, and impartial investigation—and to take effective corrective action when necessary . Failing to act quickly and appropriately can expose the organization to legal risk. It’s important to remember: there are no “off-the-record” complaints when it comes to workplace concerns . Tempting as it may be to assume a complaint lacks merit, never make that call without doing your homework . Not every situation calls for a full-scale investigation—but every concern deserves some level of review. For example, if an employee reports an offensive email, it may be resolved by simply verifying the content and...

New Nevada Law Expands Protections for Breastfeeding: What Employers and Businesses Need to Know

Thanks to a new law that just took effect, Nevada businesses that qualify as places of public accommodation are now prohibited from discriminating against individuals who are breastfeeding . As of July 1, breastfeeding is now a protected category under the state’s public accommodation statute after  AB 266  passed the legislature with broad, bipartisan support and was signed into effect by Governor Lombardo. This Insight details the legal changes, identifies the businesses impacted, and offers compliance strategies for your place of business. What Changed? AB 266 amends Nevada’s existing public accommodation law to make clear that discrimination based on breastfeeding is prohibited. Businesses that fall under the statute may not deny entry, limit services, request that someone relocate, or otherwise treat individuals differently based on breastfeeding in or around public areas. This amendment builds on Nevada’s broader civil rights framework, which already prohibits discrimi...