Legal Issue

Pregnant Workers Fairness Act Under Fire: What Employers Need to Know About the Latest Legal Challenges

by Fisher Phillips in Human Resources, Legal. Posted March 25, 2025

The Pregnant Workers Fairness Act (PWFA) rules mandating that employers provide abortion-related accommodations are facing intensifying legal challenges now that a federal appeals court allowed a group of states to challenge the law. Seventeen Republican-led states filed a lawsuit arguing that the Equal Employment Opportunity Commission (EEOC) unlawfully expanded the act to mandate such abortion-related ...

Employment Tip of the Month – March 2025

by Giovanna Bonafede in Human Resources. Posted March 18, 2025

Q: What does an employer need to prove to establish that it correctly classified employees as exempt from minimum wage and overtime pay? A: If an employer is sued for misclassifying an employee under the Fair Labor Standards Act (FLSA), it must prove that an exemption applies and is supported by a preponderance of the evidence. On ...

Key NLRB Changes Under the New Administration: What Employers Need to Know

by Conn Maciel Carey in Human Resources, Legal. Posted March 6, 2025

Last month, during our webinar, we predicted significant regulatory shifts under the new Presidential Administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National Labor Relations Board (NLRB). This article will break down some key developments, what they mean for employers, and what to expect moving ...

Top 5 Takeaways for Employers as Attorney General Announces Aggressive Immigration Stance

by Fisher Phillips in Human Resources, Legal. Posted March 4, 2025

The Department of Justice (DOJ) recently announced a significant shift in immigration enforcement policy under Attorney General Pam Bondi’s leadership, prioritizing aggressive prosecution of immigration-related violations – including at the workplace. In a memo issued to all DOJ employees, Bondi said that the “nation faces historic threats from widespread illegal immigration.” As a result, “immigration ...

What Businesses Need to Know About DEI in the Trump Era: FAQs for Employers

by Fisher Phillips in Human Resources, Legal. Posted February 18, 2025

The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs. In order to dispel myths and provide practical answers about your legal risks, FP’s DEI and Equal Employment Opportunity Compliance Team has assembled the following series of questions and ...

AI in the Workplace: Legal Pitfalls and the Department of Labor’s Roadmap for Employers

by Darius Rohani-Shukla in Legal, Technology. Posted February 4, 2025

Understanding AI in the Workplace: What Employers Need to Know Artificial intelligence (AI) is rapidly transforming how businesses operate. From automating repetitive tasks to streamlining decision-making, AI has become a powerful tool for increasing efficiency and fostering innovation. With its growing adoption, employers face many new questions about how AI should be used in the ...

ADA Disability Accommodation and Discrimination: A Guide for Employers

by Conn Maciel Carey in Human Resources, Legal. Posted January 21, 2025

ADA Overview The Americans with Disabilities Act (ADA) is a significant piece of federal legislation that protects individuals with disabilities from discrimination in various areas of life. Title I, in particular, applies to the protection of individuals with disabilities in the area of employment. Title I ensures that, so long as individuals with disabilities can ...

Nearly Half of All Hospitality Worker Fatalities in 2023 Were Caused By Workplace Violence: 10 Steps You Can Take to Address Workplace Dangers

by Fisher Phillips in Legal, Risk Management, Safety & Security. Posted January 16, 2025

Recently released statistics revealed that over 250 workers in the hospitality industry were killed on the job in the most recent reporting year, demonstrating once again that employers need to take safety seriously. According to the December 19 government release, the leading cause of workplace fatalities among restaurant and lodging workers was violent acts, accounting ...

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

by Fisher Phillips in Human Resources, Safety & Security. Posted January 9, 2025

Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or other policy violations may require a prompt investigation, many don’t appreciate what can go wrong if one is poorly executed. The most straightforward way ...

What is the WARN Act? What Employers Need to Know

by Conn Maciel Carey in Human Resources, Legal. Posted January 7, 2025

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide a 60-day notice before planned closings or mass layoffs. This law demands careful planning and communication to meet legal obligations and avoid liability. Non-compliance with the WARN Act can lead to significant penalties, including back pay, benefits to affected employees, and fines for ...