Legal Updates

Conduct Training on How to Administer an Employee’s Leave of Absence Pursuant to Applicable Laws and Policies.

Administering an employee’s leave of absence from work may be mishandled if managers are not trained to understand the applicable laws and the company’s policies. Human Resources and other managers responsible for administering a leave must also understand the importance of communicating with the employee on the legal basis for the leave, the length of the leave, the employee’s obligations during the leave, benefits available during the leave, and establishing a return-to-work date.

Train Managers and Supervisors on What Constitutes "Reasonable Suspicion" of Cannabis Impairment.

Train your managers to confidently navigate New Jersey’s cannabis laws with practical guidance on when and how to conduct “reasonable suspicion” testing in the workplace. Don’t get left in the legal haze!

Avoid Wage and Hour Landmines.

Enforcement efforts are increasing at both the state and federal level, and wage and hour class action lawsuits are filed with increasing frequency. Ensure that your processes and documentation are compliant with the relevant wage and hour laws. Advance preparation avoids the risk of litigation or, worse, sanctions and penalties imposed by the government.

Align AI-Driven HR Practices with Legal and Ethical Standards.

Employers should proactively evaluate and govern the use of AI in HR functions—such as hiring, performance evaluations, and employee monitoring—by implementing clear use policies and aligning practices with legal and ethical standards. This includes assessing legal risks associated with AI deployment, ensuring transparency in employment decisions, and complying with emerging federal, state, and local regulations. Best practices involve conducting regular bias audits, establishing oversight and accountability mechanisms, and training HR professionals to recognize and mitigate risks. Employers should also stay informed about relevant laws and guidance, such as the EEOC’s AI enforcement principles, New York City’s Automated Employment Decision Tool (AEDT) law, and proposed federal algorithmic accountability frameworks, to ensure responsible and compliant AI integration.

Consider Changes in Employment-Based Immigration and How It Will Impact Your Current Workforce and Recruitment Practices.

Recently, immigration law has been a hot topic in the news with changes occurring nearly every day that may impact your workforce, including the H-1B Executive Order; changes in TPS and its impact on work authorization; changes in Humanitarian Parole and its impact on work authorization; the proposed plan for a weighted H-1B lottery; and proposed changes to the prevailing wage system. Ensure that your human resources and management teams are aware of these legal updates.

Ensure Form I-9 Compliance in the Face of Increased Immigration Enforcement Nationwide.

Employers have always been required to ensure compliance with Form I-9 requirements. Compliance is now more important than ever because there has been a dramatic surge in I-9 enforcement since 2025. At the same time, penalties for noncompliance have increased. It is critical that employers provide training on I-9 compliance and consider retaining legal counsel to review Forms I-9 on file.

Have a Plan in the Event of an ICE Raid.

To prepare for a potential ICE raid, businesses should create a plan that includes designating a managerial point person, establishing protocols for securing non-public areas in the workplace, contacting legal counsel, documenting the incident, and securing surveillance video.

Reduce Separation Anxiety.

Separating from employees, whether through an involuntary termination, layoff, or otherwise, presents a host of decisions for employers. Review your separation process and checklist to protect the organization and supervisors from potential liability due to non-compliance with federal and state laws and regulations.

Protect Your Business Before Your Talent (and Secrets) Walk Out the Door.

Check your non-compete and non-disclosure agreements to ensure they are narrowly tailored for optimal enforcement.

Update Your Employee Handbook and Conduct Workplace Harassment Prevention Training

An employee handbook should be reviewed from a legal and administrative perspective on an annual basis to keep it up to date with new and evolving federal and state laws. In addition, employers are well-advised to conduct workplace harassment prevention training in an interactive and engaging manner while utilizing practical examples of workplace conduct and reinforcing the company’s anti-harassment policy and complaint procedure.