Employment Trending Topics

Consider writing about:

“Reverse discrimination” developments of note, whether U.S. Supreme Court cases, lower court rulings, interesting lawsuits, enforcement actions, or other matters. Do you anticipate a spike in reverse discrimination allegations as the second Trump administration continues to make known its priorities? Or are you already seeing a surge in such claims? What should employers be on the lookout for, and how should they be preparing for the possibility that they will be hit with reverse discrimination allegations of one type or another?

Consider writing about:

Federal and state Worker Adjustment and Retraining Notification (WARN) Act provisions, and, in particular, whether they apply to remote-based workers; what factors may trigger WARN obligations regarding remote workers; questions or confusion you may be seeing from employers regarding these issues; any noteworthy verdicts, lawsuits, or enforcement actions involving WARN rights and remote workers; what else employers should know about federal or state WARN laws’ reach to various classes and locations of workers.

Consider writing about:

A judge’s order that former National Labor Relations Board chair Gwynne Wilcox be reinstated; when the reinstatement takes effect; what the judge’s ruling means for the NLRB, employers, workers, and potentially for President Trump’s power over the NLRB going forward; what else to know about the NLRB’s current makeup and status and whether other shakeups could be in store for the Board.

Related information:

https://www.cnbc.com/2025/03/06/judge-reinstates-nlrb-member-gwynne-wilcox-trump-fired.html

Consider writing about:

New developments on the diversity, equity and inclusion front. Among the questions to consider exploring: What new developments from recent weeks stand out to you, in terms of liability risks, compliance priorities, or other concerns on the part of employers? Are employers expressing confusion over the status of DEI-related pitfalls and obligations amid Trump administration actions, lawsuits in response to those actions, and the courts’ handling of those suits? Do employers risk pulling back prematurely on DEI efforts and violating federal or state laws in the process? Does the situation differ significantly for government contractors and private employers? And what about employers who operate in multiple countries? How do they navigate different governments’ clashing expectations?

Related information:

https://www.theguardian.com/business/2025/feb/13/starbucks-missouri-dei-lawsuit

https://apnews.com/article/dei-diversity-equity-inclusion-trump-federal-judge-5b04fbc742bd32adf98ca108b4b12b37

Consider writing about:

The U.S. Equal Opportunity Commission’s decision to drop at least six of its own cases that the agency filed on behalf of workers alleging gender identity discrimination; basis for the EEOC’s shift in direction; where the EEOC’s announcement leaves the workers who were at the center of those cases; how unusual the EEOC’s dismissal is; what employers should know about federal vs. state enforcement stances on gender identity and related discrimination risks.

Related information:

https://www.cbsnews.com/news/eeoc-transgender-discrimination-cases

Consider writing about:

Noteworthy developments involving the use of artificial intelligence in the workplace; implemented laws or pending legislation (in the jurisdiction of your choice) regarding employers’ use of AI to make employment-related decisions; concerns addressed by the measures; related obligations on the part of employers; how employers can avoid liability in connection with their use of AI systems.

Consider writing about:

Best practices and potential pitfalls for employers when contemplating whether to undertake layoffs, furloughs, or reductions in force; comparison of these options; related employer obligations under the United States’ Worker Adjustment and Retraining Notification Act or comparable laws in other countries or on the state level; common liability risks involving discrimination claims; emerging risks involving artificial intelligence; potential complications related to remote workers. Alternatively or additionally, consider whether to create a list of do’s and don’ts, or whether to provide lessons from a real-life company layoff that resulted in significant legal problems or reputational damage.

Consider writing about:

Employees’ observance of Ramadan; what employers should know about related religious practices, and their obligations as employers; reasonable accommodation requirements and discrimination risks to keep in mind.

Consider writing about:

President Trump’s firing of members of the U.S. Equal Employment Opportunity Commission and the National Labor Relations Board; how this action compares to changes of personnel undergone by those bodies during prior shifts in presidential administrations; what stands out to you about Trump’s actions regarding the EEOC and the NLRB; basis for possible legal challenges to Trump’s maneuvers; where the dismissals leave the two entities in terms of personnel, successors, philosophical makeup, and current powers, functions, and ability to operate.

Related information:

https://www.npr.org/2025/01/28/nx-s1-5277103/nlrb-trump-wilcox-abruzzo-democrats-labor

Consider writing about:

The second Trump administration’s early attacks on diversity, equity, and inclusion; what strikes you as the most significant of the early actions on that front; answers to questions you may be getting (or misconceptions you may be hearing) from clients about the force, scope, and implications of those presidential actions; how employers should be navigating the DEI landscape amid this heightened attention to the issue; what employers can do if they want to continue previous DEI efforts but don’t want to incur blowback over that goal.

Consider writing about:

An opinion letter released on Jan. 14 by the U.S. Department of Labor regarding the Family Medical and Leave Act; what the opinion letter addresses regarding the inter-relationship among state and federal paid leave laws and related rights; common sources of confusion over these points, on the part of either employers or employees; whether the DOL opinion letter does a sufficient job of clearing up confusion over paid leave; what employers should know about the evolution of employee leave rights around the United States.

Related information:

https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FMLA/2025_1_14_1_FMLA.pdf

Consider writing about:

Employment law matters and workplace policies related to the Los Angeles wildfires. Among the possible points to explore, either in a single article or in a series of articles: What employers should keep in mind regarding local, state, or federal laws involving payroll obligations, employee compensation, paid or unpaid sick time or other forms of leave; additional issues regarding displaced workers, handling remote-work requests, the condition of worksites in fire zones or areas affected by wildfire smoke, related health risks for employees, and, longer-term, possible impacts from post-traumatic stress disorder, and related accommodation obligations. Additionally, consider whether to explore optional benefits, services, or programs that employers may want to provide to employees affected by the wildfires, in terms of disaster relief, leave donation programs, or other assistance.

Consider writing about:

A recent federal appeals court ruling over the firing of two Starbucks baristas; key points in the 3rd Circuit ruling; what the ruling means for Starbucks, its workers, and current or potential labor unionization drives at the company, and, more broadly speaking, what the ruling could mean for other employers, for the National Labor Relations Board’s powers, and for legal challenges to the NLRB’s enforcement powers.

Related information:

https://www2.ca3.uscourts.gov/opinarch/231953p.pdf

Consider writing about:

A discrimination lawsuit against Google over layoffs conducted by the tech giant; what this case may illustrate regarding potential pitfalls involving any or all of the following: pregnancy discrimination and protections, family leave rights, employers’ compliance obligations under state and federal laws, procedures for conducting layoffs and/or company reorganizations. Also consider whether to add some wider-angle perspective on legal trends involving any of these points or involving discrimination lawsuits against the tech industry.

Related information:

https://www.sfgate.com/tech/article/google-layoffs-accused-illegal-lawsuit-19974133.php

Consider writing about:

A federal appeals court ruling in a Fair Labor Standards Act case; basis for the 3rd Circuit’s ruling; practical takeaways for other employers regarding wage-and-hour laws and related compliance obligations; related legal trends involving compensation for required processes undertaken by workers before or after their shifts.

Related information:

https://www2.ca3.uscourts.gov/opinarch/241046p.pdf

Consider writing about:

Your choice of three or more noteworthy employment law-related issues or trends from 2024. Feel free to either stick to a particular industry or one specific subset of topics or entities (examples: non-compete agreements, DEI trends, employment-related AI risks, the NLRB, the EEOC, the U.S. Department of Labor), or go wider in focus and draw from a spectrum of issues.

Consider writing about:

President-elect Donald Trump’s choice of Lori Chavez-DeRemer to be the next head of the U.S. Department of Labor; what to know about Chavez-DeRemer’s current status, her history, her record on labor issues, and her potential path to confirmation.

Consider writing about:

Recent accusations by the National Labor Relations Board that Apple has illegally suppressed employee discussions (among employees and between employees and the news media) regarding such issues as sex bias and pay discrimination; how the company allegedly quashed these conversations; what other employers should know about workers’ rights in this regard, applicable labor law, and what employers can and can not do regarding internal or external employee communications on workplace policies or other matters.

Related information:

https://www.latimes.com/business/story/2024-11-04/nlrb-accuses-apple-of-suppressing-employee-discussion-of-pay-equity

Consider writing about:

The use of productivity monitoring tools and other employee surveillance systems; employers’ legal obligations regarding notification to employees of the use of monitoring systems; any noteworthy lawsuits, labor actions, or enforcement actions involving the use of such tech tools; added legal or ethical complications that may arise from the impact of employee monitoring tools on private home environments or other sites that are separate from the office and an employer’s ownership or control; other issues that employers should consider when deciding whether to use employee-tracking systems; what employers should know about employees’ or contractors’ simulation of work activity; how to combat these types of actions (whether through tech tools or otherwise); how to measure or evaluate worker activity, output, and overall performance without overstepping on individual privacy; practical pointers on related disciplinary action or termination procedures.

Related information:

https://www.sfgate.com/tech/article/wells-fargo-fires-fake-online-19513397.php

Consider writing about:

The U.S. Equal Employment Opportunity Commission’s fiscal year 2024 financial report, released on Nov. 15; top takeaways from the report as regards the EEOC’s focus, accomplishments, emerging or heightened issues of concern, or other noteworthy details; how the latest report compares to those from prior fiscal years.

Related information:

https://www.eeoc.gov/fiscal-year-2024-agency-financial-report#h_78668255911211731598460656

Consider writing about:

A Texas federal judge’s Nov. 15 decision striking down the Department of Labor’s overtime rule; basis for the judge’s ruling; to whom the court’s decision applies; what the ruling means for employee compensation; practical considerations for employers regarding their pay practices.

Related information:

https://www.yahoo.com/news/trump-judge-blocks-overtime-pay-212709546.html

Consider writing about:

Potential changes ahead for the National Labor Relations Board, Equal Employment Opportunity Commission, and the U.S. Department of Labor under the new Trump administration. Consider whether to cover all three entities, or focus on a single one, in discussing likely changes in leadership, direction, priorities, enforcement, and more.

Consider writing about:

Religious discrimination in the workplace; common employer (or manager) errors or misunderstandings involving this issue; potential legal pitfalls to avoid during hiring, training, and disciplinary, accommodation, or termination processes. Consider whether to do a general presentation of do’s and don’ts, or whether to examine a recent or otherwise noteworthy dispute that can serve as a cautionary tale or a starting point for presenting practical takeaways. Alternatively or additionally, consider whether to do a more trend-oriented writeup, focusing on how the landscape regarding religious discrimination and religious accommodation has evolved in recent years, recurring or emerging issues that have fueled religious discrimination allegations, and how courts have responded to such claims.

Consider writing about:

A National Labor Relations Board complaint against Grindr; company actions that prompted the NLRB complaint; what other employers may be able to learn from this complaint regarding return-to-office policies, response to unionization drives, and other operational matters.

Related information:

https://www.engadget.com/big-tech/nlrb-accuses-grindr-of-using-a-return-to-office-mandate-to-upend-a-unionization-drive-211507122.html

Consider writing about:

A proposed measure that would allow employees in New York City to use sick leave to care for a companion animal or service animal; how the proposal would work, in terms of type of qualified sick leave (paid or unpaid), amount of leave that could be taken, advance notice, proof of need, employer size, etc.; whether this pet proposal breaks new ground locally or nationally; the measure’s prospects for passage by the city council; whether similar measures are being considered in other jurisdictions; what the New York City measure may indicate, more generally speaking, regarding evolving expectations and obligations involving employees’ right to time off (paid or unpaid), and how employers are (or should be) adapting to those changes.

Related information:

https://www.cbsnews.com/newyork/news/nyc-safe-and-sick-time-law-taking-care-of-pets

Consider writing about:

New developments involving the Pregnant Workers Fairness Act; charges brought by the U.S. Equal Employment Opportunity Commission regarding employers’ alleged non-compliance with the PWFA; outcomes or status of those cases; practical takeaways from those EEOC actions.

Consider writing about:

The Uniformed Services Employment and Reemployment Rights Act; whom the USERRA applies to; main points employers should know; common misunderstandings or potential pitfalls regarding USERRA’s scope and application; any noteworthy litigation over employee protections and rights under USERRA, and what employers may be able to learn from those cases.

Consider writing about:

An update on return-to-office trends (in the industry or jurisdiction of your choice, or more generally); factors that employers should weigh when deciding whether to scale back on remote-based work; what employers should consider in formulating, communicating, and enforcing policies on in-office vs. remote-based work; how employers can provide incentives for employees to return to the office; whether it makes sense to offer different pay rates to in-office vs. remote employees (and any pitfalls that may arise from implementing different pay scales on that basis); potential for discrimination claims or other liability risks in conjunction with a mandate that employees return to the office.