In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant recommendation system. The court’s order allows the plaintiff to notify similarly situated individuals of the lawsuit and give them an opportunity to opt-in to having their claims heard collectively.

It was supposed to be a night of entertainment for concertgoers at a recent Coldplay performance. But for two company executives, the spotlight shone a bit too brightly when a “kiss cam” moment on the jumbotron captured what appeared to be a romantic embrace. The viral clip quickly made its way from the venue to social media feeds—and, inevitably, to the boardroom.

While most of us hope our professional lives don’t become the subject of a Viva La Vida meme, these headline-grabbing incidents can leave employers with serious employment law questions and reputational risks.

The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the enacted bills, several are set to introduce new requirements and labor standards compelling employers to adapt swiftly. The vetoed bills, on the other hand, highlight ongoing debates that may signal future changes.

Below we summarize the major bills affecting employers that were either passed or vetoed by Governor Jared Polis.  

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating against an employee that posted a series of Bible verses on social media that the Snowpark considered discriminatory against the LGBTQ+ community.

On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural change follows the Tennessee General Assembly’s decision to dissolve the Tennessee Human Rights Commission (THRC) and transfer its responsibilities to the Attorney General’s Office. CRED is now the primary body responsible for enforcing the Tennessee Human Rights Act and Tennessee Disability Act and accepts discrimination complaints in employment, housing, public accommodation, and education.

Below, we summarize the key changes, discuss the impact on employers, outline the new charge process, and preview the potential of similar trends in other states.

Assembly Bill 2499 (AB 2499), which took effect on January 1, 2025, broadens previous requirements on how California employers treat employees who are victims of violence or who are the family members of victims. The new law broadens previous requirements and introduces several key changes for employers, including:

  1. An expanded definition of “victim”
  2. Reasonable accommodations for employees who are family members of victims
  3. The right to take leave for family members of victims (for employers with 25 or more employees)
  4. Greater access to paid sick leave
  5. New notice requirements for employers

On April 8, 2025, Kansas Governor Laura Kelly signed Senate Bill 241 (SB 241) into law, amending the Kansas Restraint of Trade Act (K.S.A. 50-163). Taking effect on July 1, 2025, this new employer-friendly legislation clarifies the enforceability of customer and employee non-solicitation covenants in Kansas. Under the new law, customer and employee non-solicitation agreements that meet specific requirements are presumed valid and enforceable. This new law also mandates courts to modify overbroad restrictive covenants. SB 241 expressly does not apply to non-competition covenants—meaning it does not affect the enforceability of traditional non-competes, which continue to be governed by existing law.

Last week, a Hennepin County judge sentenced an employer following a first-of-its-kind criminal conviction for wage theft in Minnesota.

Since its enactment in 2019, Minnesota’s Wage Theft Prevention Act has imposed stringent penalties on employers who unlawfully withhold wages from employees. Under the Act, employers may face felony charges if they commit wage theft with intent to defraud their employees in an amount greater than $1,000.

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement intentions and the future of the Office of Federal Contract Compliance Programs (OFCCP). A CBJ is the annual budget justification materials of a federal agency or a component of a federal agency that are submitted in conjunction with the President’s annual budget submission. The CBJ provides a detailed description of each program and information about how the agency will use funds, including increases and decreases in spending. The EEOC CBJ identifies four enforcement priorities and anticipated investigations into systemic intentional discrimination using the pattern or practice method of proof. Additionally, the EEOC CBJ and the Department of Labor’s Budget in Brief confirm that the OFCCP will be extinguished with its remaining two programs distributed to the EEOC and the Veterans Employment Training Service.

The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain in the Equal Employment Opportunity Commission’s (EEOC) crosshairs. The EEOC’s settlement with Infinity Rehab, announced on May 20, 2025, demonstrates that decisions made during the pandemic continue to create challenges for employers—and provides important insight into the EEOC’s current enforcement priorities.