Across the country, state lawmakers are recalibrating their approaches to regulating the use of AI in employment decisions. This is in direct response to pressure from the technology industry and the Trump administration. The result is a more incremental approach to AI regulation in employment shaped as much by political dynamics as by policy concerns. Employers need to pay close attention to legislative developments and agency-level regulatory actions, which may introduce new compliance expectations.
Continue Reading AI in Employment-Related Decisions Part 2: State Strategies to Address
Pressure and What It Means for Employers
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AI in Employment-Related Decisions Part 1: Big Tech and Federal Power
State lawmakers across the country have been busy this year trying to curb the most consequential uses of AI in employment-related decisions. As those attempts moved from idea to legislation, two powerful forces have pushed back. The tech industry is concerned about a patchwork of state rules, and the Trump administration has prioritized removing barriers to AI use. States are reacting by shifting their strategies to narrow, revise, and/or delay legislation. Employers would be wise to stay abreast of these evolving strategies to ensure compliance in a rapidly shifting regulatory landscape.
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Project Firewall Targets H-1B Employers: Best Practices for Compliance
On September 19, 2025, the U.S. Department of Labor (DOL) announced the launch of Project Firewall, described as “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process.”
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Will SEC v. Jarkesy Reshape How the NLRB Operates? Fifth Circuit Bars NLRB From Prosecuting Unfair Labor Practices: Implications for Employers
On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X. This decision stems from the constitutional challenges to the way the NLRB is structured and raises broader questions about the current structure of the NLRB.
Continue Reading Will SEC v. Jarkesy Reshape How the NLRB Operates? Fifth Circuit Bars NLRB
From Prosecuting Unfair Labor Practices: Implications for Employers
National State Employment Law Update – September 2025 Changes
Employers should review key state employment law updates that occurred in September 2025 to ensure compliance with new leave rights, posting requirements, and employee protections across multiple states.
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IRS Issues Proposed Rules Clarifying the “No Tax On Tips” Provisions Under President Trump’s One Big Beautiful Bill
On Friday, September 19, 2025 the Internal Revenue Service issued proposed regulations clarifying the “no tax on tips” provisions under President Trump’s One Big Beautiful Bill Act. Starting January 1, 2026, eligible tipped workers can deduct up to $25,000 each year in “qualified tips” from their federal taxable income through December 31, 2028. This will allow eligible tipped workers to take home more income each year. The deduction is retroactive to the beginning of the 2025 tax year, meaning it can be used by tipped workers to deduct qualified tips in the 2025 tax year. But the catch is that…
Continue Reading IRS Issues Proposed Rules Clarifying the “No Tax On Tips” Provisions Under
President Trump’s One Big Beautiful Bill
When Accountability Is Labeled as Bullying: Navigating Employee Complaints About Being Managed
It is becoming more common for employees to claim “bullying” or “harassment” when a supervisor enforces rules, sets boundaries, or addresses underperformance. While it is important to take every complaint seriously, company leadership must also recognize the distinction between inappropriate conduct and the normal exercise of managerial responsibilities.
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About Being Managed
Sixth Circuit Provides Employers Protection in Customer Harassment Cases
Earlier this month, the Sixth Circuit issued a decision in Bivens v. Zep that significantly narrows when an employer can be held liable under Title VII for harassment committed by a third party, such as a customer or client. The court held that an employer may only be liable in this scenario if the employer intended for the harassment to occur. This ruling departs from the EEOC’s longstanding interpretation of Title VII as well as from the majority of other federal appeals courts that have considered the issue.
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Eighth Circuit Dismisses Challenge to Minnesota’s Captive Audience Ban
On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive audience speech law (aka the “Employer-Sponsored Meetings or Communication Act” or the “Act”). In short, the Eighth Circuit’s decision means that the Act remains in effect and is enforceable against Minnesota employers.
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Illinois Prevailing Wage Trumps Area-Wide Union Contracts & Underlying U.S. DOL Apprenticeship Programs re: Fringe Benefits for Apprentices
Governor Pritzker recently signed yet another amendment to the Illinois Prevailing Wage Act (“IPWA”). While this latest change does not directly impact non-union/merit shop contractors, it does have an immediate impact on certain union signatory contractors. Courtesy of HB2488, effective June 30, 2025 forward, all contractors must ensure that their apprentices are paid full journeyworker fringe benefits—regardless of the terms in the underlying prevailing union contract.
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DOL Apprenticeship Programs re: Fringe Benefits for Apprentices
National State Employment Law Update – Changes to Look Out for in the Second Half of 2025
As employers keep their eye on compliance, here are some notable employment law changes that will be effective in the coming months.
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Second Half of 2025
Another Prevailing Wage Update: Illinois Prevailing Wage Act Now Applies to Federal Construction Projects!?!
On August 14, 2025, Governor J.B. Pritzker signed Illinois House Bill 1189, which amends the Illinois Prevailing Wage Act (IPWA) in a way that impacts how “public work” projects are defined and labor hours are paid on federal construction projects in Illinois.
Continue Reading Another Prevailing Wage Update: Illinois Prevailing Wage Act Now Applies to
Federal Construction Projects!?!
Register Now for Breakfast Briefing: Offering Remote Work and Managing Multi-State Remote Workers
Join Amundsen Davis for a complimentary webcast series, Breakfast Briefing, on August 20 for a timely discussion on managing today’s remote workforce, including multi-state team members, while staying compliant with national and state law.
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Multi-State Remote Workers
Extended, Indefinite Leave Request Is Usually NOT a ReasonableAccommodation
A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In Coffman v. Nexstar Media Inc., the Fourth Circuit upheld the dismissal of a former employee’s claims under the West Virginia Human Rights Act and the Family and Medical Leave Act, finding that her request for additional leave after a six-month absence and no definite return date was not a reasonable accommodation. The Fourth Circuit’s ruling highlights that while employers must provide reasonable…
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Navigating E-Verify’s Status Change Report
On July 15, 2025, the U.S. Department of Homeland Security (“DHS”) released updated E-Verify compliance information related to revoked Employment Authorization Documents (“EADs”) for certain noncitizens whose parole status under the CHNV (Cuba, Haiti, Nicaragua, and Venezuela) parole program has been terminated.
This stems from a decision on May 30, 2025, in which the U.S. Supreme Court allowed DHS to terminate CHNV parole and revoke the work authorization status for individuals in the program. As a result, DHS indicated that it is revoking the EADs to individuals on a case-by-case basis. DHS indicated it has issued direct notifications informing affected…
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National State Employment Law Update Covering the First Six Months of 2025
2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level. Below is a recap of notable laws enacted throughout the U.S. that have become effective within the first half of 2025.
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