Countering the Trend Against True Non-Competes
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“All of this is to say that for 2025, and perhaps beyond, the writing appears to be on the wall as to true non-competes. They, whoever they are, are coming for employers who are aggressive in their choice of which employees are bound by true non-competes, the extent of the restrictions and the enforcement actions taken.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 FTC's Non-Compete Rule: A Legal Battle 06:00 Future of Non-Compete Legislation 08:51 Trends in Non-Compete Enforcement and Drafting
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Political Pendulum Swings and the “Labor Renaissance”
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“Most of our clients and most employers out there understand that there's going to be a pendulum swing. The key thing for us right now is to make decisions that consider where the law is and where it might go, understanding that we have four-year terms in the presidential administrations and things always change.” Chapters 00:00 Navigating Workplace Law in 2025 01:12 The Future of the NLRB and Union Activity 06:52 Organizing Trends and Worker Sentiment 12:04 Transactional Activity and Economic Impacts 15:48 Litigation Challenges and Future Outlook
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Practical and Political Tipping Points for Workplace Accommodations
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“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you've really got your eye on the ball, that you're plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.” Chapters 00:00 Navigating Workplace Law in 2025 02:11 The Impact of PWFA on Employers 05:28 Return to Work Initiatives and Employee Accommodations 08:49 Mental Health Challenges in the Workplace 11:57 The Role of Artificial Intelligence in Employment Practices 18:41 Trends in Paid Family Medical...
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AI’s New Laws + Traditional Issues
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“It’s like an AI chicken or the egg conundrum. Who should own the liability there? Should it be the developers of these technologies or should it be the users? If you're trying to make that determination, where does that line fall? This uncertainty has worked its way into different legislation across the country. It really reflects how these lawmakers are grappling with some of these issues that, frankly, don't have an easy answer.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 The Evolving Landscape of Workplace AI 10:06 Legislative Developments and Transparency in AI Laws...
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Back to the Future for Core Wage and Hour Concerns
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“A corollary to the populist instincts of president-to-be Trump [i.e., his possible support for some increase to the federal minimum wage] is this issue about removing taxes on tips. This is something that could certainly happen in 2025 — and it would be the most important effect on the wage and hour practice in the entire time I have been practicing in this area.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Navigating Wage and Hour Law Changes 08:46 The Future of Minimum Wage Legislation 13:56 Anticipating Changes in Wage and Hour Practices
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Past May Be Prologue for Pending Asylum Applications, TPS + More
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“A lot of employers have very innocent mistakes on their I-9s or employees have expired work authorization and they don't even realize it. These are things immigration counsel can help with and protect employers from liability before the enforcement starts.” Chapters 00:00 Navigating Workplace Law in 2025 03:07 Understanding Asylum and Temporary Protected Status 05:48 Humanitarian Parole and Its Implications 08:51 DACA and Future Employment Considerations 10:09 Preparing for Potential Immigration Enforcement
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Increased Immigration Enforcement Redux
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“To be clear, raids are officially known as worksite enforcement actions. These are very large-scale operations. There are subpoenas involved, a lot of enforcement personnel, a lot of planning — and the government typically tips off the media. In terms of long-term effectiveness, they're not very effective but it does grab the headlines, which is what we think that the Trump administration wants. And it's in part, why it was done last time.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Anticipating Immigration Policies Under Trump 05:59 Worksite Enforcement and Compliance...
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Tech Tools + Privacy Considerations
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“It's this constant sense of governance — risk and compliance processes that should take place whenever you're dealing with these technologies. If there was one goal I would recommend for next year, that would be more collaboration between the stakeholders [IT, legal, HR, the business area deploying the tech] when rolling out these kinds of tools.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Trends in Privacy and Data Security Litigation 05:05 State Privacy Laws and Their Implications 09:48 Data Minimization and Vendor Risk Management 15:11 The Role of AI in Data Management and...
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The Known Unknowns of Workplace Safety Under a New Administration
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“The watchword is uncertainty. I don't think there's any question that the Trump administration is going to usher in a more pro-business, anti-regulatory administration and emphasis. But I do think that there's a lot that remains to be seen about how that will actually go into effect. [Post Loper Bright] we don't exactly know how courts will interpret a number of statutes.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Uncertainty in OSHA Regulations 06:07 Impact of New Administration on OSHA 09:58 Workplace Violence Prevention Regulations 13:48 The Future of OSHRC and Judicial...
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Amendments Alleviate Not Eliminate Employer PAGA Burdens
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“PAGA is a statute that's not employer-friendly, but one of the benefits of this last year is that we had some amendments come through that did, for lack of a better phrase, throw employers a little bit of a bone when it came to dealing with PAGA cases. One benefit is an expanded ability to cure labor code violations. The other involves arbitration and our ability to fight these claims and not just have to wait to trial to do it.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Introduction to PAGA and Its Challenges 03:11 Recent Amendments and Their Implications 06:04...
info_outlineEven though workplace conversations about mental health and wellness have become more acceptable, most employers are not therapists. Jackson Lewis principals Michael Griffin and Michael Thomas discuss how employers can establish a better baseline beyond legal obligations to reap the benefits that come from a workplace where employees are healthy, show up fully and thrive.