Business people measuring temperature in the office

On October 30, 2025, the Nevada Supreme Court issued an important decision in Amazon.com Services, LLC v. Malloy when it concluded that Nevada’s wage and hour laws do not incorporate the federal Portal-to-Portal Act of 1947 (PPA). 29 U.S.C. §§ 251–62. This decision adds a layer of complexity to employers’ continued attempts to comply with myriad differences in federal and state wage and hour laws across the country.

Continue Reading Nevada Supreme Court Holds That State Wage and Hour Laws Do Not Incorporate the Federal Portal-to-Portal Act

On September 30, 2025, Governor Newsom signed AB 288 into law, which expands the jurisdiction of California’s Public Employment Relations Board (PERB) by allowing it to enforce private-sector labor rights when the National Labor Relations Board (NLRB) is unable or unwilling to act.

Continue Reading AB 288: California Attempts to Step In as Federal Labor Enforcement Stalls

On September 15, 2025, the Colorado Supreme Court issued a highly anticipated ruling in By the Rockies v. Perez, clarifying that the statute of limitations for claims under the state’s Minimum Wage Act is two years, or three years for a willful violation. This employer-friendly ruling reversed a Colorado Court of Appeals decision holding that plaintiffs have six years to bring such a claim.

Continue Reading Colorado Supreme Court Shortens the Statute of Limitations for Colorado Minimum Wage Act Claims  

On September 3, 2025, Governor Phil Murphy signed into law New Jersey Assembly Bill 4429 which expands on prior statutory prohibitions on employers’ requiring employees “to attend or listen to communications related to political matters.” Included within the new definition of “political matters” is an “employee’s decision to join or support any. . . labor organization or association.”  With this amendment, New Jersey joins New York and a handful of other states to ban employer-mandated meetings to discuss labor organizing at the company.

Continue Reading New Jersey Prohibits Employers from Holding Mandatory Meetings on Labor Organizing

As we discussed here, on July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” Act (OBBBA) into law, which included a provision establishing a new temporary above-the-line tax deduction for “qualified tip income” through at least the 2028 tax year. When we previously discussed the deduction for qualified tip income, the IRS had not yet published its list of individuals who are eligible for the deduction—i.e., anyone who is “in an occupation which customarily and regularly receive[s] tips.”

We now have that guidance.

Continue Reading Treasury Department Issues List of Jobs Qualifying for New Tip Income Deduction Under “One Big Beautiful Bill” Act

Employers are facing a surge in class action lawsuits challenging health plan premium surcharges imposed on smokers and other tobacco users, commonly referred to as “smoker surcharges.” Earlier this year Bass Pro Shops agreed to pay $4.95 million to settle one such lawsuit.

Continue Reading Health Plan Tobacco Surcharge Litigation
Civil Rights Act of 1964 Title VII written in business textbook

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g., non-employees such as an employer’s customers or clients). The court rejected the prevalent negligence standard and instead held that a plaintiff must show that an employer “intended” for the harassment by the non-employee to occur.

Continue Reading Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

On August 7, 2025, President Trump signed an Executive Order (the “Order”) directing the Department of Labor (“DOL”) to re-examine guidance on a fiduciary’s duties under ERISA regarding alternative asset investments in 401(k) and other defined contribution plans, and potentially issue one or more fiduciary safe harbors.  Alternative assets generally include private equity, real estate, commodities and digital assets.  The Order directs the DOL to take the above actions within 180 days.  The Order also directs the Securities and Exchange Commission to facilitate access to alternative assets for participant-directed defined contribution retirement savings plans, including revisiting “accredited investor” and “qualified purchaser” rules.

Continue Reading Alternative Investments and 401(k) Plans

With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). In doing so, the Seventh Circuit set forth the most flexible standard of any federal appellate court for determining whether an action should proceed on a collective basis. 

Continue Reading Seventh Circuit Departs from Traditional Two-Step Collective Certification Framework in FLSA and ADEA Cases

Since January 1, 2025, New York State’s Paid Prenatal Leave Law has required that all private-sector employers provide employees with 20 hours of paid leave for health care appointments related to prenatal care or pregnancy.  New York State has released additional guidance for employers and an FAQ page on what the new law covers and requires.  Effective July 2, 2025, New York City’s Department of Consumer and Worker Protection (DCWP) issued an amended rule to the NYC Earned Safe and Sick Time Act (ESSTA) that adopts “by reference the paid prenatal leave requirements set forth in” the New York State law.

Continue Reading New York City’s Earned Safe and Sick TimeAct Is Amended to Include Paid Prenatal Leave