Compliance Stuff

As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is crucial for effectively advising clients and mitigating risks. Here are the key employment law trends to watch in 2025: Regulatory Shifts Under the New Administration The new presidential administration has brought a wave of changes, particularly through executive orders and agency actions. T he focus has shifted toward reducing federal oversight and regulatory burdens on businesses. However, states are stepping in to fill the gaps, potentially increasing enforcement at the state level. This dual dynamic requires employers to stay vigilant and compliant with both federal and state regulations. EEOC’s Evolving Priorities The Equal Employment Opportunity Commission (EEOC) has undergone significant leadership changes, impacting its enforcement priorities. The EEOC is now...

It's not new news that the number of employers with remote employees has increased, following the pandemic.  We are reminded as employers to monitor employment laws and ensure compliance in all jurisdictions in which we have employees performing work.  Employment laws such as discrimination, anti-harassment, wage and hour, and leaves of absence may indeed cover employees performing work in remote locations---even if their employer does not have a physical presence there. There are several jurisdictions that require employers to provide sexual harassment and/or bystander intervention training to their employees.  To evaluate whether state and local training requirements apply, employers should engage two types of analysis to determine the following: if they are a "covered employer" under a state or local law, and, if yes whether the remote employee is a "covered employee" under those laws. JD Supra (Proskauer) provides a summary of only some states (not all) of t...

  On April 29, 2024, EEOC released an update to it's enforcement guidance on harassment in the workplace.  With the emergence of new issues, such as online harassment, it was time for an update.   The guidance replaces five prior guidance documents on workplace harassment issued by the agency between 1987 and 1999.  The EEOC highlighted a number of notable changes since then, such as Title VII's prohibition on discrimination “because of sex” includes discrimination on the basis of sexual orientation and gender identity.   The release of the updated guidance marks the end of a long and arduous history for the agency on this subject. In 2015, shortly prior to the advent of the “#MeToo movement,” the EEOC convened a Select Task Force on the Study of Harassment in the Workplace, which issued a  seminal report  in June 2016. Subsequently, in 2017, during the prior administration, the EEOC published a proposed update of its harassment guidance, but that prop...