Insights on Labor, Employment & OSHA

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex” under Title VII exceeded its statutory authority (Texas, et al. v. EEOC, 2:24-CV-173).

As we approach midyear, the ArentFox Schiff Labor, Employment & OSHA team highlights some of the most pressing legal issues facing employers this year, including artificial intelligence (AI) regulation at the state level, reshaping of the National Labor Relations Board (NLRB), continuing expansion of state paid family and medical leave laws, challenges to diversity, equity, and inclusion (DEI) in the workplace, and changes to US Equal Employment Opportunity Commission (EEOC) guidance and enforcement.

On April 8, Maryland enacted House Bill 102, further postponing the implementation of the state’s Family and Medical Leave Insurance (FAMLI) program. This latest delay, recommended by the Maryland Department of Labor, is intended to provide employers and employees with additional time to prepare for the program’s requirements.

Health Care Partners Lowell Brown, Debra Albin-Riley, Annie Lee, and Jeff Weston will present at the California Association Medical Staff Services’ (CAMSS) 54th Annual Education Forum in Universal City, California, on May 14-16, 2025.

The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act (PAGA).

A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable one-year statute of limitations period.

The California Court of Appeal recently issued a significant decision affirming that employers and employees may mutually agree, in writing, to prospectively waive the employee’s meal period for shifts between five and six hours.

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week.

As the first quarter comes to a close, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies for 2025.

ArentFox Schiff is proud to announce that the firm has been honored by The M&A Advisor, as part of their 19th Annual Turnaround Awards Gala, for “Distressed M&A Deal of the Year ($50MM to $100MM)”, in connection with advising Sutil Group, a leading Chilean agricultural business group, in the acquisition of California-based Sunshine Raisin Corporation.

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to diversity, equity, and inclusion (DEI) in the workplace.

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda.

The landscape is in flux right now for nonprofits, to say the least. To help structure your action plan, these are some of the top questions our Nonprofits & Associations team has been helping our clients think through.

Foreign nationals and employers should plan all international travel more carefully and further in advance. This is not a travel ban but has opened the path to create a travel ban in the future, as he did in his earlier Administration.

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and codified some existing processing practices to the H-1B visa program.

On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees.

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official legal position of the NLRB, if adopted by the Board they could have far-reaching ramifications for covered employers.

Though most in-house counsel (and even a lot of employment lawyers) are unaware, M.G.L. c. 149, Section 19B makes it unlawful for any employer to subject its employees or job applicants to a lie detector test.

Proposed legislation introduced in the US Senate last week would deny tax-exempt status to certain organizations that support undocumented immigrants. The legislation would change the eligibility requirements for 501(c)(3) tax-exempt status.

With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas such as trade, tariffs, and immigration, which will profoundly affect global supply chains and labor dynamics.

ArentFox Schiff represented Triumvirate Environmental, Inc. in its recently completed transaction with Boston-based private equity firm, Berkshire Partners, pursuant to which Berkshire made a significant growth investment in Triumvirate, based upon a company valuation of $1.8 billion.

On December 21, 2024, New York Governor Kathy Hochul signed into law the New York State Fashion Workers Act, which imposes new regulatory obligations on fashion companies, advertising agencies, model management companies, and other entities that work with fashion models.

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.

ArentFox Schiff is pleased to announce the addition of Partner Andrew S. Wong to its Complex Litigation practice in the firm’s Los Angeles office.