1. Five areas of employment law (at least) may be affected by Trump's second act.

Author: Robin Shea | Topic: Predicting Legal Changes

With President Trump’s second term now imminent, this article offered an analysis of potential shifts in employment law. Key areas likely to be affected include labor relations, wage and hour regulations, independent contractor classifications, and enforcement priorities of the Equal Employment Opportunity Commission. (In other words, just about everything.) Expected leadership changes at federal agencies, including the National Labor Relations Board and the U.S. Department of Labor may require significant updates to workplace policies on harassment, gender identity, and affirmative action. Read more here.

2. Federal Court vacates minimum salary level increase

Authors: Jim Coleman, Jason Friedman | Topic: Wage & Hour Compliance

A federal court ruling in 2024 struck down the U.S. Department of Labor’s proposed increase to minimum salary levels for exempt employees under the Fair Labor Standards Act, keeping the 2019 thresholds in place. This decision mirrored a similar situation from 2016, leaving employers with tough decisions on whether to maintain or roll back preemptive salary increases. Read more here.

3. Two years into his bias suit against NFL, Brian Flores has little to show for it.

Author: Chris Deubert  | Topic: Alternative Dispute Resolution, Sports Law

Two years into his lawsuit alleging racially discriminatory hiring practices by the National Football League, coach Brian Flores and his co-plaintiffs continue to face legal hurdles. The courts have ruled that many claims must be resolved through arbitration. However, claims involving teams that don’t have contracts with the coaches can proceed in federal court. Read more here. EDITOR’S NOTE: After this blog post was published, Mr. Flores suffered yet another defeat, which you can read about here.

4. New salary level is coming for exempt white-collar employees, unless...

Author: Ellen Kearns | Topic: Wage & Hour Compliance

The U.S. Department of Labor's new salary thresholds for white-collar exemptions were set to increase on July 1, 2024, to $844 per week ($43,888 annually) and again on January 1, 2025, to $1,128 per week ($58,656 annually). Legal challenges in the Texas courts, however, sought to block the updates (and succeeded after this bulletin was originally published), mirroring the fate of similar 2016 regulations. Read more here.

5. FTC cyber breach notification rules: If you’re a non-banking financial institution, here’s what you need to know.

Authors: Suzie Allen, Matthew Toldero | Topic: Cybersecurity, Data Privacy

A recent amendment to the Federal Trade Commission Safeguards Rule under the Gramm-Leach-Bliley Act now requires non-banking financial institutions to notify the FTC within 30 days of discovering a security breach involving the unencrypted information of 500 or more consumers. The rule, which took effect in May 2024, aims to create a uniform reporting standard for financial institutions. The amendment doesn’t mandate notifying affected individuals, but state laws may require such disclosure. Notifications must be submitted through an FTC form, with an option to delay public disclosure for law enforcement purposes. Read more here.

6. New guidance clarifies evidence for Extraordinary Ability green card eligibility

Author: Barbara Kihumba | Topic: Immigration Policy

The U.S. Citizenship and Immigration Services issued guidance clarifying the types of evidence that can support eligibility for the EB-1A green card, which is granted to individuals with extraordinary ability in fields like science, arts, and business. The updates expand acceptable evidence of “extraordinary ability,” including team awards and non-artistic exhibitions. Applicants must still prove sustained acclaim and leadership in their field. The guidance aims to provide more clarity and flexibility for EB-1A applicants. Read more here.

7. FMLA abuse: 5 things this employer did right

Author: Robin Shea | Topic: FMLA Compliance

An employer successfully defended interference and retaliation claims under the Family and Medical Leave Act by demonstrating that it followed proper procedures and acted on an honest belief that the employee misused his leave. This case highlights the importance of thorough documentation, medical certification review, and compliance with FMLA regulations. Read more here.

8. Retaliation. The second guy always gets caught.

Author: Frank Shuster | Topic: Retaliation Risks in the Workplace

Retaliation claims can carry significant financial consequences, as demonstrated by a $41.5 million jury award, even after discrimination claims were dismissed. This article emphasizes the importance of anti-retaliation policies, supervisor training, and careful review of adverse actions. Read more here.

9. Missouri Sues IBM Over Alleged Diversity Quotas

Author: Cara Crotty | Topic: DEI Initiatives

After the Supreme Court’s affirmative action ruling in Students for Fair Admissions v. Harvard University, the State of Missouri sued IBM, alleging unlawful racial and gender quotas tied to executive bonuses. In light of the Supreme Court ruling, employers should review, and if necessary, revise their Diversity Equity and Inclusion policies to avoid claims of reverse discrimination. Read more here.

10. Where should the buck stop? Risks to CISOs in today’s regulatory environment

Authors: Bert Bender, Melissa Sachs | Topic: Data Privacy, Incident Response

High-profile cases, such as the conviction of Uber’s former Chief Information Security Officer and a now-dismissed lawsuit brought by the U.S. Securities and Exchange Commission against the CISO for SolarWinds, raised serious concerns about personal liability for cybersecurity executives. With increasing regulatory scrutiny, companies are urged to adopt clear incident response policies and shared accountability across leadership. Read more here.

As we begin a new year, Constangy remains committed to providing practical, forward-thinking analysis to help employers and businesses adapt to changing legal requirements, adopt best practices, and grow.