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More employers are using biometrics for timekeeping and security review. The biometric identifiers most frequently used by employers are face scans (“facial recognition”), fingerprints, voiceprints, and video...

Jul 01, 2025 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Q Can we deny someone employment based on their preemployment drug screen test that was positive for cannabis if cannabis is legal in our state? Likely, no. But the decision is ultimately influenced by state law...

Jul 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Nebraska, like many jurisdictions, provides employees with a common-law protection against employment termination in violation of certain public policies. Primarily, the protections allow employees to report violations...

Jul 01, 2025 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

The Americans with Disabilities Act (ADA) defines “disability” as a physical or mental impairment that substantially limits one or more major life activity. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA’s...

Jul 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1, 2025, announcement by the U.S...

Jul 01, 2025 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

In May 2025, the Trump administration’s U.S. Department of Labor (DOL) published guidance saying that it would stop enforcing a Biden-era rule—one that had rescinded a rule created during the first Trump administration...

Jul 01, 2025 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

On February 26, 2025, the U.S. Supreme Court heard oral arguments in a case that challenges the heightened evidentiary burden imposed on majority-group employees in employment discrimination cases under Title VII of the...

Jul 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Q Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired...

Jul 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Artificial intelligence (AI) is transforming how companies find, evaluate, and hire talent, but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR teams must take a...

Jul 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Q Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that state they should be eligible upon being hired...

Jul 01, 2025 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

On April 23, 2025, President Donald Trump signed Executive Order (EO) 14281, titled “Restoring Equality of Opportunity and Meritocracy,” which directed federal agencies to cease enforcement of civil rights laws that...

Jul 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Q Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired...

Jul 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

The first 100 days of the second Trump administration saw a flurry of Executive Orders (EOs) on a range of issues, with many aimed at rolling back long-standing civil rights, affirmative action, and antidiscrimination...

Jun 02, 2025 · Employment Law Letter · California · New York · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming