Monthly Roundup (September 2025)

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”

In the intricate landscape of employment law, wrongful termination poses a significant challenge for employees who find themselves at the unfortunate intersection of job loss and potential injustice.

Massachusetts has taken a significant step toward pay equity and workplace fairness with the passage of its Wage Transparency Act (the "Act" or formally, An Act Relative to Salary Range Transparency).

Private-sector employers with "no-fault" attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.

On August 26, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04, “Further Guidance Regarding General Counsel Priorities.” The memo is her second in as many months and reads like a punch list for reversing the Board’s Biden-era precedent. For employers, the headline is simple: nothing has changed yet, but a lot may be about to.

The US Department of Labor has issued new guidance establishing a streamlined framework for enforcing mental health parity requirements under MHPAEA, focusing enforcement on three priority areas while maintaining nonenforcement of controversial 2024 rule provisions. This guidance aims to reduce compliance burdens on plan sponsors while ensuring participants maintain access to mental health and substance use disorder benefits comparable to medical and surgical coverage.

Federal overtime exemption rules have shifted back to 2019 standards following court challenges to the Department of Labor's 2024 salary threshold increases. Understanding how these revised requirements affect executive, administrative, professional, and highly compensated employee classifications is critical for maintaining wage-hour compliance.

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.

The first half of 2026 has seen major litigation developments in cases concerning the Employee Retirement Income Security Act (ERISA), including decisions by the U.S. Supreme Court and the U.S. Courts of Appeals for the Fourth, Fifth, Ninth, Eleventh, and D.C. Circuits.

Merit-based hiring is a recruitment strategy that focuses on selecting candidates based solely on their skills, experience, qualifications, and performance rather than personal characteristics or biases.

Earlier this month, the IRS released Form 15620, a new standardized form for taxpayers seeking to make elections under Internal Revenue Code ("Code") section 83(b).

The IRS recently issued guidance in Notice 2024-55 on the application of two new exceptions to the 10% additional tax under Code section 72(t) for early withdrawals from a qualified plan or IRA...

The Treasury Department and IRS have introduced a new standardized framework for direct rollovers between retirement plans and IRAs, featuring a five-step process with sample forms designed to simplify what has historically been a fragmented and paper-heavy system. While adoption remains voluntary and no formal safe harbor exists yet, this initiative addresses longstanding inefficiencies in rollover procedures that have caused participant confusion and delays.

In the example discussed in the CCA, an employer provided its employees the ability to enroll in a fixed indemnity health insurance policy intended to supplement the employer's group health coverage.

On June 3, 2020, the Department of Labor ("Department") issued an Information Letter that, for the first time, provides the Department's views on the use of private equity investments within 401(k)...

On Tuesday, October 11, the Internal Revenue Service ("IRS") issued a final rule amending previous regulations under the Affordable Care Act ("ACA") that establish whether...

U.S. Department of Labor ("DOL") has accepted a new setback to its longstanding initiative to subject IRA rollover recommendations to ERISA's fiduciary standard and its prohibited transaction rules.

On April 30, 2026, President Trump issued the Executive Order Promoting Retirement-Savings Access for American Workers by Establishing TrumpIRA.gov (the “Executive Order”), which advances the President’s State...

On Friday, August 23, 2023, the IRS issued Notice 2023-62, which provides long-awaited relief regarding the SECURE 2.0 requirement that age 50 catch-up contributions for higher income...

The IRS issuance of Notice 2020-17 is important first step into providing COVID-19 specific relief under Code section 7508A...