Workplace Law Update: 10 Essential Items on Your July To-Do List

_____

Complete your mid-year compliance check. Sorry to start the checklist with another checklist – but did you know that a heap of new workplace laws take effect halfway through the year? Here’s your employer cheat sheet to ensure you’re complying with various July 1 effective dates.

_____

Assess the impact of new SCOTUS rulings. As the Supreme Court’s 2024-2025 term ends, the Justices issued some key decisions in June that will affect the workplace. They scrapped the extra hurdle in majority-group bias claims, significantly restricted who can succeed on post-employment ADA disability discrimination claims, and ruled that federal courts lack the authority to issue universal injunctions.

_____

Get ready for a wave of new DOL opinion letters. The US Department of Labor just relaunched and significantly expanded its opinion letter program on June 2, offering employers a direct line to legal interpretations of federal laws on wage and hour, workplace safety, and more. Here’s what the new program includes, why it matters, and how your organization can benefit right away.

_____

Create an immigration compliance and response plan. Immigration enforcement across the country has raised tensions at workplaces across all industries, with federal officials ratcheting up the pressure – what if your business is next? Here’s a detailed playbook and two checklists. You’ll also want to track the latest developments, such as President Trump’s new proclamation that took effect June 9 and significantly expanded travel restrictions on foreign nationals seeking to enter the United States. You can review all our immigration insights here.

_____

Ensure proper safety training. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to employers in a June 10 decision: misconduct during workplace safety inspections, especially those involving false records and statements, can lead to prison time and multi-million-dollar fines. Here are the three main takeaways for employers.

_____

Keep up with HIPAA and ERISA news. A federal judge in Texas tossed out Biden-era reproductive healthcare privacy protections on June 18, halting a 2024 final rule with nationwide effect. You should also note that a Supreme Court decision earlier this year made it easier for plaintiffs to keep ERISA-prohibited transaction claims in play longer, and just days later a rare ERISA trial resulted in a huge win for a class of 401(k) plan participants.

_____

Update your disability accommodation request process. In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting the accommodation. The ruling from the 5th Circuit Court of Appeals underscores that delay alone – even without a workplace injury or accommodation denial – may still violate federal disability discrimination law. Click here to learn more.

_____

Review state and local developments. Don’t forget to track what’s happening locally. For instance, Oregon Governor Tina Kotek signed two bills into law that will change employer obligations regarding applicants and new hires. The Massachusetts high court clarified state law regarding non-solicitation agreements on June 13, and Philadelphia employers face more investigations and stiffer punishment under a new law the mayor approved at the end of May. Additionally, Alabama launched first-in-the-nation tax-friendly portable benefits for independent contractors and gig workers.

_____

Encourage employees to take a break. Employees are now “loud vacationing” by openly sharing their travel plans and using their paid time off (PTO) without hesitation. While this should be welcome news for employers, it also highlights the importance of creating supportive policies that balance employee well-being with workplace productivity. Here are seven tips to help you refresh your PTO policies.

_____

Track evolving AI developments. Proposed laws and regulations, as well as litigation, continue to impact the way employers utilize artificial intelligence in the workplace:

• Congress is considering a 10-year ban on state AI laws.
• A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks.
• Texas lawmakers overwhelmingly passed a bill regulating AI, and Governor Abbott signed it on June 22.
• A new lawsuit filed on June 13 against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls.
• A slew of other federal- and state-level AI regulations that would impact the workplace are being considered by lawmakers across the country. Catch up with our overview of where things stand here.

Want to Learn More About AI Regulation?

Join us for our third-annual AI Conference in Washington, D.C., July 23 to 25, where we’ll be unpacking this development and many other cutting-edge compliance issues.

👉 Register here