The healthcare sector has seen an alarming uptick in cybersecurity incidents, including ransomware attacks, in recent years. In response to these cybersecurity threats, New York State is ramping-up efforts to protect patient data by issuing new cybersecurity regulations governing “general
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Navigating Immigration Challenges Under the Second Trump Administration: What Employers Need to Know
As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures. These changes are expected to significantly impact various immigration categories, including nonimmigrant and immigrant employment-based processes, hiring practices, and compliance…
A Tip for Employers With Tipped Employees — Stay on Top of the Ever-Changing Guidance on the 80/20 Rule!
Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule. However, a recent federal…
Understanding the Pregnant Workers Fairness Act: What Employers Need to Know
The Pregnant Workers Fairness Act (PWFA) is growing up very quickly, and the EEOC has been working fervently, through a combination of guidance and enforcement measures, to ensure it thrives. Specifically, just shy of the PWFA’s first birthday, the EEOC’s…
U.S. Supreme Court to Review Reverse Discrimination Standard
Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably “heightened” standard of proof should…
Zafirov Decision Sets Stage for Appellate Showdown Over Constitutionality of FCA’s Qui Tam Provision
For the first time ever, a judge has ruled that the qui tam provision of the False Claims Act (FCA), which whistleblowers have used to recover $52 billion on behalf of the government since 1986, is unconstitutional. …
DOL Promotes “AI & Inclusive Hiring Framework” Collab to Help Employers Avoid AI Discrimination in Hiring
Companies are increasingly turning to artificial intelligence (AI) to assist with employment related tasks, such as recruiting and hiring. AI tools are useful to increase efficiency, streamline the recruiting process, and eliminate human bias. However, these tools can pose a…
MHPAEA Final Rule: Clarity on Mental Health Parity?
The three federal agencies tasked with enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) — the Departments of Labor, Health & Human Services (through CMS), and Treasury (the Departments) — issued their Final Rule to implement the…
An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace
Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology itself. Originally intended…
Ban on the Run: Federal Court Blocks the FTC’s Non-Compete Ban Nationwide
A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements.
On August 20, 2024, Judge Ada Brown of the Northern District of Texas permanently enjoined…