Compliance Stuff

Similar to many changes in administration, the 2025 labor and employment landscape was defined by fragmentation followed by realignment . Federal agency authority faced significant constitutional challenges, while states and cities accelerated their own legislation on pay transparency, paid leave, and hiring practices. This year-end update provides insight into the most consequential developments for employers, focusing on the National Labor Relations Board’s (NLRB) shifting authority, new standards for employer liability, heightened scrutiny of artificial intelligence (AI), and a wave of new state and local mandates. Employers with multijurisdictional footprints should address these changes to refine and update compliance roadmaps for 2026. NLRB Authority and Leadership in Flux A divided D.C. Circuit panel held in Wilcox v. Trump, et al. , No. 25-5057 (D.C. Cir. Dec. 5, 2025) that statutory “for-cause” removal protections for NLRB members are unconstitutional because the Board exerci...

Takeaways The new regulations apply to all employers in California and pertain to any automated decision system — not just advanced “AI” tools, but also those using selection criteria for hiring, promotions or training. Employers are prohibited from using automated decision system (ADS) or criteria that result in discrimination based on protected categories under FEHA and must accommodate religious and disability needs. Employers should consider conducting bias audits of their ADS. Related links Civil Rights Council Secures Approval for Regulations to Protect Against Employment Discrimination Related to Artificial Intelligence Navigating California’s New Regulations on Automated Decision-Making Tools Article California’s Civil Rights Department finalized regulations to curb the discriminatory impacts of artificial intelligence and automated decision-making in the workplace. The  regulations apply to all employers in California  and  take effect on  Oct. 1, 2025 . The...

  In July 2025, the California Privacy Protection Agency (CPPA) Board unanimously approved new regulations pursuant to the California Consumer Privacy Act (CCPA) that specifically address the use of automated decisionmaking technologies (ADMTs), requirements for completing risk assessments, and, for businesses processing large amounts of California resident data or engaging in the large-scale sale or sharing of data, mandatory annual cybersecurity audits. While these regulations have been in the drafting process since 2023, they reflect an ongoing trend in California and across the country in favor of heightened, proactive accountability mandates. Quick Hits The CPPA Board recently approved new cybersecurity audit regulations that, pending final approval by the California Office of Administrative Law (OAL), will apply to large CCPA-covered businesses and data brokers. The regulations include extensive independent audit requirements that will, at a minimum, necessitate businesses e...