HR Newsletter: Protecting Employees’ Medical Information

Employers obtain employees’ medical information for various reasons, such as verifying a reasonable accommodation request, certifying leave, or confirming eligibility for disability benefits. At the federal level, there are several laws restricting when employers can ask for employees’ medical information and requiring employers to keep such information confidential. These laws include the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Health Insurance Portability and Accountability Act (HIPAA).

The ADA is the main federal law that protects employees’ medical information in the workplace. The ADA limits when covered employers can request employees’ medical information (or require medical examinations) and broadly requires all employee medical information to be kept confidential, regardless of why the information was provided. To comply with the ADA, employees’ medical information should be maintained separately from personnel files and only accessible to authorized individuals.

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HR Newsletter: EEOC and DOJ Issue Guidance on DEI-Related Discrimination

HR Newsletter: EEOC and DOJ Issue Guidance on DEI-Related Discrimination

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued joint guidance on illegal and discriminatory diversity, equity, and inclusion (DEI) practices. The EEOC also issued frequently asked questions (FAQs) regarding DEI-related discrimination. The guidance provides some clarity as to the agencies’ position on what may constitute illegal DEI and offers steps employees may take to report violations.

Background – On Jan. 20, 2025, and Jan. 21, 2025, President Donald Trump issued executive orders (EOs) 14151 and 14173, respectively, which seek to terminate all illegal DEI mandates, policies, programs, preferences, and activities. However, neither EO defines what practices or programs may constitute illegal DEI. The EEOC and DOJ guidance provides some clarity as to the agencies’ positions on illegal DEI.

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HR Newsletter: New Form I-9

HR Newsletter: New Form I-9

On April 2, 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its Employment Eligibility Verification form (Form I-9) and the Department of Homeland Security (DHS) Privacy Notice in the form’s instructions to align with statutory language. The revised Form I-9 is dated “01/20/25” and has an expiration date of “05/31/2027.” Notably, multiple previous editions of Form I-9 remain valid until their respective expiration dates.

Background – The Immigration Reform and Control Act of 1986 requires all employers, regardless of size, to hire only individuals who may legally work in the United States. To comply with the law, employers must verify each individual’s identity and employment authorization by completing and retaining the Form I-9.

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HR Newsletter: Unlimited PTO

HR Newsletter: Unlimited PTO

Numerous studies have revealed the importance of employees taking time off work for vacation. Leaving the office for a week or having an occasional day off gives employees a chance to not only take a well-deserved break to relax, but to come back to work with renewed energy and improved productivity.

Traditionally, time off is separated into paid vacation, sick, and personal days. Some companies have transitioned into simply offering paid time off (PTO), which essentially serves as a single “bucket” of time off, which can be used at the employee’s discretion. A less-common option that is slowly gaining more attention, spurred on by popularity among tech company startups, is the unlimited PTO policy.

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HR Newsletter: State Legislative Updates

California Deadline for 2024 Pay Data Reporting Is May 14, 2025 – Employers with 100 or more employees and/or 100 or more workers hired through labor contractors, in each case at least one of whom is in California, must file annual workforce pay data reports with the state Civil Rights Department (CRD). 2024 pay data reports are due on Wednesday, May 14, 2025, and the portal for submitting 2024 reports opened on Feb. 3, 2025.

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HR Newsletter: Several Biden-Era Memorandums Rescinded

HR Newsletter: Several Biden-Era Memorandums Rescinded

On Feb. 14, 2025, the Acting General Counsel (GC) of the National Labor Relations Board (NLRB) issued a memorandum rescinding several policies issued by the previous NLRB GC, including memorandums addressing severance and non-compete agreements, captive audience bans, and the rights of student-athletes under the National Labor Relations Act (NLRA).

Background – GC memorandums are not binding law; however, they inform NLRB field offices of the GC’s NLRA enforcement priorities. These memorandums are essential resources for employers, offering guidance on how the board interprets and applies federal labor law in various situations.

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HR Newsletter: Interaction Between FMLA and State PFML Programs

HR Newsletter: Interaction Between FMLA and State PFML Programs

In Opinion Letter FMLA 2025-01-A, the U.S. Department of Labor (DOL) addressed the interaction between state and local paid family and medical leave (PFML) and leave taken under the federal Family and Medical Leave Act (FMLA).

The FMLA provides 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. While FMLA leave is unpaid, the law allows the employee to elect, or an employer to require the employee, to substitute accrued employer-provided paid leave (such as paid vacation or paid sick leave) for any part of the unpaid FMLA leave.

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HR Newsletter: Rescinding a Job Offer – Best Practices

HR Newsletter: Rescinding a Job Offer – Best Practices

In most cases, the transition from hiring to onboarding an employee is straightforward. However, in some instances, employers may find themselves in a position where they must rescind a job offer. This is a difficult situation for both the employer and the newly hired candidate. In particular, rescinding a job offer can expose an employer to legal claims and reputational damage. Therefore, it is important for employers to understand the potential ramifications of rescinding a job offer and the measures they can take to mitigate their risks.

Important considerations for employers when rescinding a job offer include:

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HR Newsletter: 4 Attraction and Retention Trends to Monitor

HR Newsletter: 4 Attraction and Retention Trends to Monitor

Employers will likely continue to struggle to attract and retain talented employees this year. An EY report found that 38% of employees are likely to leave their jobs in 2025. This article explores four attraction and retention trends for employers to watch in 2025.

1. The Push for Return to Work – More employers worldwide are becoming “office advocates,” scaling back flexible work policies and mandating five-day in-office work weeks. However, many workers still value remote jobs and flexible work options, requiring employers to balance employee preferences with business needs. Report: Employers, Employees Find Mixed Results in Return-to-Work Programs

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