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Showing posts with the label 2026-02-27 Digest

Labor Department Shows Employers How to Boost AI Literacy for Workers: Your Guide to New Training Framework

The Department of Labor just released a comprehensive AI Literacy Framework providing employers with a roadmap for training workers to use artificial intelligence technology responsibly and effectively. The February 13 framework marks the Trump administration’s latest effort to prepare American workers for an AI-driven economy, emphasizing that “every worker will need baseline AI literacy skills to succeed, regardless of industry or occupation.” While the framework doesn’t create any new legal requirements, it signals DOL’s expectations for how employers should approach AI training – and offers practical guidance for organizations looking to upskill their workforce . Here’s an overview and steps you should take. DOL’s AI Literacy Plan The framework,  which you can read in full here , builds on the  Trump Administration’s AI Action Plan  released in July 2025. Both prioritize worker training and upskilling. It defines AI literacy as “a foundational set of competencies tha...

Navigating Notice Rights in Workplace Investigations

Workplace investigations are a balancing act. On one side is the employer’s obligation to promptly and thoroughly investigate alleged misconduct. On the other is the respondent’s expectation of fairness, and particularly the right to be informed about the allegations against them so they can meaningfully respond. Get that balance wrong, and employers risk claims of procedural unfairness, labor violations, or compromised investigations. Get it right, and investigations are more defensible, more effective, and more likely to withstand scrutiny. The questions employers routinely face are deceptively simple: how much notice is a respondent entitled to, and when must it be provided? The answer, as with many employment law issues, is “It depends.” The scope and timing of notice vary significantly based on the workplace setting, whether the employee is represented, and whether special statutory protections apply. Notice as a Baseline Principle As a general matter, respondents in workplace inv...

Washington Federal Court Rules FLSA Rights Can Be Waived by Contract

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In  Lomibao v. AGC Biologics, Inc. , No. 25-cv-00361 (February 5, 2026), the U.S. District Court for the Western District of Washington ruled that a f ormer employee’s Fair Labor Standards Act (FLSA) claims were validly released through a private separation agreement executed at the time of his employment termination. Central to the court’s holding was its rejection of the plaintiff’s argument that FLSA rights can never be waived by contract—a question that has divided federal courts and has significant implications for employers using severance agreements to resolve potential wage-and-hour claims. 0:00 7:30 Quick Hits The U.S. District Court for the Western District of Washington recently granted summary judgment to an employer, holding that the plaintiff’s FLSA and Washington state wage claims were barred by a valid separation agreement and release . The court rejected the argument that FLSA rights can never be waived by contract, finding no binding authority or statutory text t...

The New Postmark Rule Could Make Employee Benefit Notices Late

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In December 2025, the U.S. Postal Service (USPS) adopted a new rule for postmarks so that they may indicate the processing date, instead of the date the post office took custody of the item. Employers may want to note this new postmark rule so that they don’t violate their legal notice requirements concerning their employee benefit plans. Quick Hits The USPS recently changed a rule so that postmarks may reflect the processing date, rather than the date a post office obtained a letter or package. The new rule could lead to fines for employers if mandatory notices concerning employee benefit plans are deemed late. Electronically sending mandatory notices can help to meet a legal deadline, if the recipient has agreed to electronic communications. Under federal laws like the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and the Affordable Care Act (ACA) ,...