Labor & Employment - Public Sector Articles

On March 19, 2025, the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice released guidance focused on unlawful discrimination related to diversity, equity, and inclusion in the workplace.  

As raids conducted by U.S. Immigration and Customs Enforcement (ICE) are underway, it is crucial for employers to understand their rights and responsibilities if and when ICE agents arrive.

With his decision in Tennessee v. Cardona, United States District Judge Danny C. Reeves has now vacated the 2024 Title IX Regulations in their entirety, meaning all provisions of the 2024 Title IX Regulations, both substantive and procedural, are no longer in effect across all states and school entities.

Pennsylvania’s Breach of Personal Information Notification Act places certain requirements on public schools for notifying individuals of certain breaches of data security within seven business days following determination of the breach. Depending on the type of information accessed, schools may have further notification and reporting requirements under federal law.

On November 15, 2024, a federal judge in Texas effectively blocked a Department of Labor (DOL) rule that would have made about 4 million more salaried workers eligible for overtime pay.

On November 8, 2024, the National Labor Relations Board (NLRB) overturned almost 40 years of precedent in its decision, Siren Retail Corp d/b/a Starbucks. This decision overruled Tri-Cast, Inc., 274 NLRB 377 (1985) and reshaped the test utilized in determining the lawfulness of employer communications to employees concerning unionization efforts.

On April 23, 2024 the Department of Labor (DOL) announced a final rule that will increase the current salary threshold required to be exempt from overtime, effective July 1, 2024.

On January 10^th, the U.S. Department of Labor (DOL) released its final rule changing the criteria for how it will classify workers moving forward. This final rule will go into effect on March 11, 2024 and will have a major impact on the gig economy.

This is an important change to how Act 65 and the Sunshine Law have been recently interpreted by the Courts.

On September 29^th, the Equal Employment Opportunity Commission (“EEOC”) proposed updated guidance on workplace harassment. If finalized, the guidance would demonstrate how the EEOC would pursue workplace harassment claims against employers moving forward.

While the Court clarified the meaning of “undue hardship,” it still left employers without clear guidance as to when exactly a request for religious accommodation may be denied. However, the Court provided a number of points that employers should keep in mind.

Employers should expect the recent U.S. Supreme Court’s reasoning to be used to challenge employer Diversity, Equity, and Inclusion (DEI) initiatives and hiring practices.

The PWFA builds upon the protection afforded to pregnant workers by requiring employers to provide reasonable accommodations to a worker’s known limitations as they relate to pregnancy, childbirth, or other related medical conditions, so long as the accommodations will not cause the employer any undue hardship. It is important for employers to familiarize themselves with changes and requirements of the law to ensure they are in compliance, as we will see the PWFA go into effect on June 27, 2023.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would prohibit employers from enforcing and imposing non-compete agreements on workers. It is debatable whether a final rule will ultimately be published.

The EEOC has just announced the release of the updated poster, “Know Your Rights: Workplace Discrimination is Illegal.” Employers are legally required to display this poster in “a conspicuous location in the workplace where notices to applicants and employees are customarily posted” or face possible penalties.