Hunton Employment & Labor Perspectives

One of the most common employment law issues that human resources professionals and in-house counsel encounter is employee requests for accommodations and the perceived abuse by employees of the interactive process.  Join our Employment team for a complimentary CLE webinar on current leave laws.

Earlier this month, the Governor of the State of New York, Kathy Hochul, approved amendments that establish the amount of damages recoverable for weekly pay violations. The amendments provide for a fraction of the damages that plaintiffs have been seeking for such violations.

On May 5, 2025, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB” or the “Board”) ruled that retailer Costco Wholesale Corp. (“Costco”) violated the National Labor Relations Act (“NLRA” or the “Act”) when it asked employees involved in an internal investigation regarding sexual harassment allegations to sign a confidentiality agreement prohibiting them from discussing details concerning the investigation.

Recently, the California Civil Rights Council, which is the arm of the California Civil Rights Department that is responsible for promulgating regulations, voted to approve final “Employment Regulations Regarding Automated-Decision Systems” (“Regulations”).

The U.S. Department of Labor’s Wage and Hour Division will stop enforcing the prior administration’s rule to determine whether workers are “independent contractors” or “employees” under federal wage-and-hour laws.

In the past, employees recording audio or images in the workplace might resort to use of a bulky tape recorder or a hidden “wire” or camera.  Now that smart phones with professional-grade audio and video capabilities are an integral part of our society, clandestine (or blatant) workplace recordings are much more easily accomplished.

On April 23, 2025, the Administration issued a new Executive Order entitled "Restoring Equality of Opportunity and Meritocracy" along with an accompanying fact sheet. The Executive Order shifts how the federal government approaches civil rights enforcement and how it will analyze allegations of discrimination.

We are about 100 days into President Donald Trump’s second term, and there remain many open questions at the National Labor Relations Board (“Board” or NLRB). Most significantly, the Board currently lacks a quorum to take meaningful action, and many leadership roles remain open.

The 2024 EEO-1 Component 1 data collection process is expected to move forward, based on documentation submitted to the White House Office of Management and Budget (OMB) for approval.

Employees in the Office of Federal Contract Compliance Programs (OFCCP) across the country have been placed on administrative leave. The move is part of the Administration’s broader federal workforce reduction efforts.