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Nicholas Ustaski

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Nick represents employers of all sizes in a variety of industries on complex employment matters, including experience on hundreds of matters related to complex national and international corporate transactions. His practice primarily consists of, labor and employment due diligence, policy review and revisions, executive management consulting and advisement, mergers and acquisitions and other types of transactions, and employment litigation defense.

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Takeaways

  • Minimum wage increases at the state, Minneapolis, and St. Paul levels will require multi-jurisdictional employers to reassess payroll practices.
  • New rules on meal and rest breaks significantly expand employee protections and reduce employer flexibility.
  • Paid Family and Medical Leave planning must begin now, with critical notice, premium, and plan-selection deadlines approaching in late 2025.

Minnesota saw several changes to labor and employment laws take effect in 2025, with additional changes anticipated for 2026.Continue Reading 2025-2026 Minnesota Labor and Employment Law Update: Key Wage, Leave, Pay Transparency, and Workplace Compliance Changes for Employers

Key Takeaways for D.C. Employers

  • Verify compliance with the new $17.95 minimum wage effective July 1, 2025.
  • For government contractors and assistance recipients, ensure workers are paid at least the living wage rate tied to CPI adjustments.
  • Review non-compete agreements to confirm they are limited to qualifying highly compensated employees and comply with statutory notice and duration requirements.
  • Display the updated DOES Minimum Wage Poster once released.

Each year, the District of Columbia (the “District”) updates key labor and employment laws affecting local employers and workers alike. For 2026, important changes include new wage rates under the Living Wage Act of 2006 and the Minimum Wage Act, as well as revised compensation thresholds under the District’s non-compete law.

Employers operating in the District should review these developments to ensure policies, contracts, and pay practices remain compliant going into the new year.Continue Reading 2026 Washington, D.C., Labor & Employment Law Updates: Minimum Wage, Living Wage, and Non-Compete Changes Employers Must Know

Takeaways

  • DEI programs that involve quotas, restrict participation, or employ diversity-based selection criteria face heightened legal risk.
  • Employers may need to revisit DEI training content to avoid claims of discrimination or hostile work environments.
  • Proactive compliance reviews in 2025 can help employers reduce litigation and enforcement exposure heading into 2026.

As 2025 comes to a close, all U.S. employers face several important legislative and regulatory updates that reshape the workplace landscape heading into 2026, related to changes in federal law. A summary of such important updates applicable to all employers is provided below:Continue Reading 2025–2026 Federal Labor & Employment Law Update: EEOC and DOJ Signal Heightened Scrutiny of DEI Programs

Takeaways

  • New amendments significantly restrict how employers draft employment, separation, and settlement agreements.
  • Expanded leave laws require immediate policy and handbook updates.
  • New AI restrictions directly impact recruiting, hiring, and other employment decisions, with notice and anti-discrimination requirements.

As 2025 draws to a close, employers should be aware of new Illinois employment laws going into effect in January 2026.

Below is a summary of the upcoming changes to Illinois law:Continue Reading 2026 Illinois Employment Law Update: New Compliance Obligations on AI, Leave, Pay, and Workplace Agreements

Takeaways

  • The U.S. Supreme Court rejected a heightened standard for reverse discrimination claims under Title VII.
  • This decision, combined with Muldrow, lowers the bar for employees to bring discrimination lawsuits.

On June 5, 2025, the U.S. Supreme Court (“SCOTUS”) issued a unanimous decision in Ames v. Ohio Department of Youth Services, which rejected a heightened standard for pursuing reverse discrimination claims under Title VII. Ames filed a lawsuit under Title VII alleging that she was discriminated against for being heterosexual when she was denied a promotion and then demoted in favor of homosexual coworkers. Ames applied for a newly created and open position within the Ohio Department of Your Services (“ODYS”). Not only did Ames not receive the job, she was subsequently demoted to her prior position with a reduced salary. The ODYS hired a lesbian woman for the position Ames sought. It then hired a gay man to replace Ames in her program leadership position after she had been demoted.Continue Reading Reverse Discrimination Claims Are Easier To Pursue After SCOTUS Decision

Takeaways

  • President Trump issued a record-breaking number of executive orders in his first 100 days, many of which significantly impact labor and employment law.
  • New DEI-related executive orders require employers—particularly federal contractors—to certify compliance with anti-discrimination laws and may trigger increased scrutiny of hiring practices.
  • Federal agencies are moving away from the “disparate impact” theory of liability, signaling potential shifts in how employment discrimination cases are litigated and defended.
  • Leadership changes at the EEOC and NLRB have left both agencies without quorums, limiting their ability to enact new rules or pursue major litigation.

On November 5, 2024, President Donald J. Trump achieved something that many did not think possible when he was elected to a second, non-consecutive term to be the President of the United States. In his campaign, President Trump promised to reshape the federal government and aggressively influence and change many areas of law with executive action. Subsequently, President Trump has issued a flurry of executive orders (“EOs”) that cover a multitude of legal, administrative, and other areas of law. One area in which the EOs have had a direct impact is in the labor and employment field.

Since President Trump took his second oath of office, he signed and implemented more than 140 EOs in the first 100 days of his presidency—a number that eclipses all previous records, including former President Franklin Delano Roosevelt’s record of 99 EOs in the first 100 days set in 1933. Many of President Trump’s EOs are still in effect, while other of these second-term EOs are facing numerous challenges in the U.S. federal court system.

Below is a summary of the most impactful EOs issued during President Trump’s first 100 days in office related to labor and employment law, along with a brief analysis on how they may impact private employers, companies, and individual workers in the employment sphere. All private employers and their human resource teams should familiarize themselves with these changes to ensure compliance with applicable federal laws, in addition to any additional U.S. local or state laws.Continue Reading The First 100 Days of President Trump’s Second Presidency: Re-Shaping Federal Employment Policies

At the end of the 2024 legislative session, Minnesota Governor Tim Walz signed several bills into law, which amended several employment-related statutes addressing paid sick and leave time, pregnancy accommodation and leave, restrictive covenants, and employee misclassification.Continue Reading 2025 Minnesota Labor and Employment Legal Updates

Mothering Justice Decision

On July 31, 2024, the Michigan Supreme Court decided Mothering Justice et al. v. Attorney General et al. In that case, the Court reinstated two laws, the Earned Sick Time Act and the Improved Workforce Opportunity Wage Act, that appeared on the Michigan state ballot in September 2018. After having been voted upon, the Michigan legislature amended both laws. In Mothering Justice, the Court found this amendment process to be unlawful and reinstated both laws as drafted in 2018, effective on February 21, 2025. Each has major implications for Michigan employers, as explained below:Continue Reading 2025 Michigan Labor and Employment Legal Updates

Institutions of Higher Education Can No Longer Establish or Maintain DEI Offices

Texas is one of several states that have implemented laws aimed at eliminating DEI offices and initiatives for publicly funded institutions.

Effective January 1, 2024, Texan institutions of higher education (e.g., the University of Texas) are no longer permitted to establish or maintain diversity, equity, and inclusion (“DEI”) offices or hire/assign employees (or officers or contractors) to perform any DEI-like job duties. Further, Texas institutions may not require applicants or employees to provide DEI statements or give preference to any applicants or employees on the basis of race, sex, color, ethnicity, or national origin. And finally, the law requires these institutions to “adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor” who violates the law.Continue Reading 2025 Texas Labor and Employment Legal Updates