News Briefs

Employers Take Note: Remote Work May Be Difficult to Deny as an ADA Accommodation

By Erika Paulus posted 2 days ago
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On August 13, 2025, a federal court in the District of Columbia (D.C.) issued a ruling in Smith v. District of Columbia that should make employers think twice before automatically denying remote work as an accommodation under the Americans with Disabilities Act (ADA). The Case: Ms. Smith, a Superior Court employee, ...

A Federal Court Blocks California’s Captive Audience Ban: What Employers Should Know

By Mary Miller posted 18 days ago
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A federal court has temporarily blocked enforcement of California’s new “captive audience” law, Senate Bill 399 (SB 399), offering employers a reprieve while the case proceeds. The ruling underscores the ongoing tension between state efforts to regulate employer communications and federal labor law’s broad reach over union-related ...

IRS: Employers Liable for FICA & FUTA on FAMLI Medical Benefits in 2026

By Barbara Bagdon posted 18 days ago
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In January 2025, the IRS issued guidance on the tax treatment of contributions and benefits paid under state-administered family and medical leave programs, such as Colorado’s Family and Medical Leave Insurance Program (FAMLI). ( new IRS guidance .) On September 30, 2025, in a Special Edition newsletter, FAMLI Division ...

Religious Discrimination at Forefront of EEOC Enforcement Priorities

By Brandon Garrett posted 23 days ago
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In the post-Groff era, with the EEOC’s invigorated resolve to protect employees’ religious freedoms, employers must be prepared when responding to requests for religious accommodations. The EEOC has made it clear that preventing religious discrimination in the workplace is one of its top priorities. In 2023, the Supreme ...

Department of Labor Issues Latest Wage & Hour Opinion Letters

By Brandon Garrett posted 10-15-2025
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On September 30, 2025, the Department of Labor published four new opinion letters addressing wage and hour topics as part of its larger effort to renew its program of publishing opinion letters under the Trump Administration. The purpose of opinion letters that the Department of Labor publishes is to provide guidance on ...

Colorado Minimum Wage Act Claims Have a Two- or Three-Year Statute of Limitations

By Drew Hintze posted 10-15-2025
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On September 15, 2025, the Colorado Supreme Court held that the statute of limitations for claims brought under Colorado’s Minimum Wage Act is two or three years, depending on whether the violation is willful. The decision is good news for employers: it overturns a lower court ruling that held the statute of limitations ...

California Pay Equity Case Highlights Need for Proactive Audits

By Kimberly Landin posted 10-01-2025
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A recent class action lawsuit brought by female employees at a global entertainment organization alleged that the company violated California’s Equal Pay Act by paying women substantially less than their male counterparts. A Los Angeles state judge granted the final approval of a $43.25 million settlement to pay discrimination ...

AI in HR Under Scrutiny: California’s Automated Decision-Making Rules Effective October 1, 2025

By Brittanie Young posted 09-29-2025
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Beginning October 1, 2025, California employers will face new compliance requirements governing the use of Automated Decision-Making Systems (ADS) in employment practices — a shift that puts many common HR tools like résumé screeners, applicant tracking systems, and AI-powered assessments under closer legal scrutiny. ...

Federal Law Continues to Allow Subminimum Wages for Workers with Disabilities

By Gayle Moser posted 09-24-2025
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In December 2024, the U.S. Department of Labor (DOL) announced a proposed rule that would end payment of subminimum wages to workers with disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA). After receiving thousands of comments, including concerns from members of Congress that the DOL lacked legal authority ...

Employers Get Win on Union Salting

By Curtis Graves posted 09-24-2025
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The National Labor Relations Board’s (“Board”) Acting General Counsel, William Cowen, recently released guidance to its regional offices that will make the “salting” process more difficult for unions. “Salting” is an organizing tactic used by unions to get members or paid organizers (“salts”) hired into non-union workplaces ...

Addressing Employees' Social Media Posts on Political Issues

By Drew Hintze posted 09-16-2025
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In today’s polarized and digital world, employers are increasingly faced with the challenge of responding to employees’ social media activity outside the workplace. Online posts discussing controversial political or social topics can quickly spill over and have a significant impact in the workplace, including affecting ...

Colorado Regulatory Landscape: When to Expect Rules for 2026

By Jacqueline Talbot posted 09-10-2025
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Even though it is early fall, many necessary human resource tasks have practitioners already looking to 2026. It can be frustrating that many items of information necessary for planning are not available in Colorado until at least early November. Why is this? There is a regulatory process that must be followed by the Colorado ...

Ignorance of the Law Is Not a Defense

By Mary Miller posted 09-04-2025
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On August 21, 2025, the California Supreme Court issued its opinion in Iloff v. LaPaille , a case that highlights the importance of strict compliance with California’s wage and hour laws. Background Plaintiff Laurance Iloff lived rent-free on a property in Humbolt County that was managed by Cynthia LaPaille, in ...

Recent California Court Decision Sheds Light on Sick Leave Pay for Commissioned, Outside Sales Employees

By Brittanie Young posted 09-03-2025
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A recent ruling from a California court explains how businesses should approach sick leave pay for exempt outside sales staff earning commissions, clarifying a gray area in California’s Healthy Workplaces, Healthy Families Act. In Hirdman v. Charter Communications, LLC , an employee who was classified as an exempt outside ...

DOJ Memorandum Regarding “Unlawful Discrimination”

By Amanda Bauer posted 08-20-2025
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On July 29, 2025, the United States Department of Justice promulgated a memorandum , aimed specifically at federal agencies and recipients of federal funding, regarding “unlawful discrimination practices.” Though the guidance is addressed to these groups, the memo stated that it should also ...

Managing Payroll Taxes Under the Recent “Big Beautiful Bill”

By Jacqueline Talbot posted 08-20-2025
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The One Big Beautiful Bill Act was signed into law on July 4th , 2025. The Act is primarily a tax act and includes extensive provisions that impact employer-sponsored employee benefits and compensation. While impacts of the law cover broad swaths of the economy (many tax ...

OSHA Expands Penalty Reductions for Employers

By Jennifer Vold posted 08-13-2025
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Employers are often hit with safety citations following an OSHA inspection containing hefty penalties (currently up to $16,550 for other than serious and serious or $165,514 for repeat and willful, per violation.) Before issuing a citation, OSHA guidance allows for reductions in the penalty amount based ...

Cracking Down on Wage Theft: California Boosts Prosecutor Funding to Investigate and Prosecute Employers

By Mary Miller posted 08-01-2025
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The California Labor Commissioner has granted 16 prosecutors’ offices throughout the state a total of $8.55 million in funds to investigate and prosecute labor violations of private employers. The funds are part of the Workers’ Rights Enforcement Grants Program established in 2023 as part of an overall effort by the ...

Recent California Ruling Puts Employer Cell Phone Use and Driving Policies in the Hot Seat

By Brittanie Young posted 07-31-2025
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If your employees use cell phones while driving for work, a new California ruling might mean revising your policies. A recent court decision highlights the growing risks tied to employee cell phone use while driving on the job. On June 3, 2025, the California Court of Appeal reinstated the traffic conviction of a driver ...

U.S. Department of Labor Proposes Employment-Related Deregulation

By Jennifer Vold posted 07-16-2025
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Earlier this year, President Trump directed agencies to repeal 10 regulations or guidance documents for every new one issued. The U.S. Department of Labor (DOL) recently responded to that deregulatory push by proposing to revise, remove, or rescind several rules and regulations. Not included were any ...