A frontline service worker at a Cinnabon was recently terminated after a video circulated showing her hurling a racist epithet at a Somali couple. The footage spread quickly with millions of views on TikTok. The employer acted swiftly. And, in a development emblematic of the current digital moment, the terminated employee has since raised more than $327,000 in online donations as part of “A Public Awareness Initiative.”
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:
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.
On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift for the U.S. Equal Employment Opportunity Commission’s (EEOC) enforcement approach. In the EO, the White House directed all agencies to “deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability.” The EO asserted the administration’s stance that disparate impact liability is unlawful, violates our Constitution, and “threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream.”
On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC) and the DOJ. The stated purpose of the technical assistance is to encourage whistleblowers to file discrimination charges with the EEOC relating to unlawful diversity, equity, and inclusion (DEI) programs or practices or, in the case of state and local government employees, with the Department of Justice. It provides employees with instructions on how and where to file a claim of DEI related discrimination, along with descriptions of the types of DEI-related programs and activities that may constitute unlawful DEI under the current Administration’s policies. For employers, the technical guidance offers insight into the types of DEI activities that will be targeted by the Administration.
On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). The Court held employers need only prove employees meet an FLSA exemption by a preponderance of the evidence (more likely true than not), rejecting the Fourth Circuit’s use of the higher “clear-and-convincing-evidence” standard. This ruling carries significant implications for employers in the context of employee classification and defending against unpaid overtime claims.
In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. This Native American Heritage Month, employers should consider abandoning the following words and phrases, and encourage their employees to do the same, in an effort to embrace more inclusive work environments, and mitigate the risk of discrimination claims brought by indigenous members of their workforce.
In 2024, Governor Gavin Newsom signed several bills impacting California employers, which go into effect on January 1, 2025. We discuss the most notable new laws affecting employers below.
An Election Primer for Private-Sector Employers
As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far beyond verbal or written communication on political topics. For example, wearing clothing or accessories that endorse or oppose certain issues (N.L.R.B. v. Mead Corp.); wearing wrist bands in support of political causes (Tinker v. Des Moines); displaying bumper stickers, campaign buttons or political posters (Ferguson Police Officers Ass’n v. City of Ferguson); donning insignia such as buttons or decals (Home Depot USA, Inc. and Antonio Morales Jr.); and even “liking” a social media post can be viewed as protected speech (Bland v. Roberts).
Late yesterday, August 20, 2024, a Federal Court in Texas issued a decision which enjoins – on a nationwide basis – the FTC’s final rule which would effectively ban all non-competes with limited exceptions. While we expect the FTC to appeal this decision, the rule will not go into effect on September 4, 2024, or