Employment Laws

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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

The 2026 statutes enacted by the legislature that impact employment are fewer in number than in prior years. Still, California employers need to be aware that the new 2026 employment laws focus on strengthening existing laws to further expand employee rights and extend job protections. Amendments imposing stricter and more complicated requirements were enacted, and sanctions for employer non-compliance increased. The most notable among them are minimum wage increases, prohibitions on “Stay or Pay” employment contracts, and notice requirements.

This article summarizes the key employment laws to take effect in 2026 and beyond, along with the significant court decisions that will have the most impact on the workplace—but it does not cover everything. Please reach out to any of Dykema’s Labor and Employment attorneys to discuss the impact of the new regulations on your business and to assess the best approach for complying with these new developments.Continue Reading New 2026 California Employment Laws: How Businesses Can Protect Themselves

Takeaways

  • The DOL will no longer seek liquidated damages during investigations unless a court orders them following a lawsuit.
  • The DOL will disregard the 2024 independent contractor rule and revert to longstanding common-law standards.
  • The Opinion Letter Program has been reinstated, offering employers clearer compliance guidance under the FLSA.

It’s been just over 100 days under the new Administration. We have a new Secretary of Labor, and we’re on the cusp of most of the other nominees for key DOL positions being confirmed by the Senate. Even with some key posts unfilled, during this short period, a number of key shifts in DOL enforcement policy have occurred. Here is a summary of just a few.Continue Reading 3 Important DOL Wage and Hour Enforcement Changes Employers Should Watch

Takeaways

  1. The duty to initiate arbitration may fall on the party seeking redress, even if they opposed arbitration in court.
  2. Arbitration policies must be interpreted in conjunction with the broader arbitration agreement, not in isolation.
  3. Clear and precise drafting of arbitration agreements and policies is essential to avoid procedural confusion and litigation delays.

The Second Appellate District of the California Court of Appeal published an opinion shedding light on the commonly raised dispute of which party bears the burden of initiating arbitration proceedings after an order compelling arbitration. The case, Arzate v. Ace American Insurance Company, delves into the nuances of the interpretation of arbitration clauses and contractual agreements, ultimately clarifying which party is expected to take the first step in the arbitration process. As employers increasingly rely on arbitration to resolve disputes, understanding the outcome and effect of Arzate is crucial to ensuring clarity in future agreements and policies.Continue Reading Arbitration Obligations for Employers: A Decision on the Duty To Initiate

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

With 2025 quickly approaching, Illinois employers should be aware of new changes in Illinois state employment laws. There are a number of Illinois employment laws and amendments that have either recently gone into effect or are set to go into effect January 1, 2025. This post is a summary of the new laws that went into effect or will be in effect in 2025 to help Illinois employers be ready to comply with all the new changes.Continue Reading Illinois Labor and Employment 2025 Employment Law Update

Changes to Illinois and City of Chicago Labor and Employment Laws

I. Passing of the Illinois Paid Leave for All Workers Act (PLFAW).

The new Illinois Paid Leave for All Workers Act becomes effective on January 1, 2024. The Act applies to most employees in the state, with very limited exceptions (notably students and independent contractors are excluded). Employers may use two alternative methods to comply with the PLFAW.Continue Reading Illinois 2023 Year-End Reminders and Changes Coming to Employment Law in 2024 and Beyond

Where previous protections offered by the Americans with Disabilities Act, the Fair Labor Standards Act, and the Pregnancy Discrimination Act of 1978 fell short, employees were left to make hard choices between quitting their jobs or working in a position that did not fully accommodate their medical needs while pregnant or after giving birth.  Although some state laws fill those needs, many states do not provide any protection. During 2022, two important protections were signed into law by President Joe Biden: the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. The new protections put in place by these acts ensure that pregnant employees will not suffer because of their pregnancy, but instead be provided the proper and necessary time off and accommodations after giving birth.Continue Reading New Federal Protections for Pregnant Workers