An Individual Coverage Health Reimbursement Arrangements (ICHRA) is a type of employer-funded health benefit plan that allows an employer to reimburse employees for qualified medical expenses, including some or all of the premiums for individual-market health insurance coverage (or Medicare, if the person is Medicare-eligible), as well as the cost of out-of-pocket medical expenses.  It is similar to a Health Reimbursement Account (HRA) but has a broader application.

It happens. An employee is accused of sexual harassment and an investigation follows. Word spreads. Initial findings appear to support the claim, but later evidence emerges – voicemail messages of the accuser telling the accused they couldn’t wait to meet at their usual motel, explicit sexts from the accuser to the accused, or even on-the-record, sworn admissions by the accuser that the relationship was consensual and the allegations were false.

A Trump Account is now available for children under 18 years old and can be used as a tax savings vehicle by parents.  For a child to be eligible, they must be under 18 years old and have a social security number.  It is similar to an Individual Retirement Account (IRA) but for minors. 

Artificial intelligence is being used more frequently in HR, particularly within employee relations, and its adoption is expected to continue growing over the next several years. A SHRM study found that 43% of organizations already leverage AI in HR-related tasks. One result of this shift is a reduced demand for certain HR roles. For example, IBM reportedly laid off approximately 8,000 employees, with many of the cuts occurring in HR, and had already replaced about 200 HR roles with AI...

Executive Order 14173 reshaped the compliance landscape for federal contractors and employers more broadly. The order revoked EO 11246 on contractor affirmative action, directed a 90 day wind-down period with agencies operating under class deviations until the FAR Council takes action, and introduced new False Claims Act exposure by requiring contractors and grantees to certify nondiscrimination compliance. It also placed DEI-related practices across all employers under increased scrutiny...

The California Civil Rights Department (CRD) has updated and expanded on the pay reporting required in 2026. Pay reporting is due May 13, 2026.  The CRD published preliminary reporting sheets and FAQs for employers with 100 or more employees who have locations in California.  The employee count is based on total employees (full-time, part-time, etc.) in the U.S., including California.  The requirements also include a separate report by employers who engage labor contractors.

The question of docking an exempt employee has been raised on hotline calls over the past month.  As a general rule, an exempt employee cannot be docked unless it is for five consecutive business days, but there are exceptions to this general rule.

There is a 400,000 shortage of manufacturing employees today.  This issue has been ongoing for years.  Per the Bureau of Labor Statistics (BLS), at its peak in June 1979, manufacturing employment represented 22% of total nonfarm employment, but that share had fallen to 9% by June 2019.  This downtrend coincides with the changing of the U.S. economy over time from manufacturing to service based.  Since 2000, the loss was magnified to over 4.7 million jobs.

In a case recently decided by the U.S. Second Circuit Court of Appeals, which covers New York, the court ruled that mandatory anti-bias training can support a claim for a racially hostile work environment if it repeatedly portrays a specific race in negative or stereotypical terms. Not all implicit bias training is leading to an EEO charge, but the facts in this case are similar to the trainings that were present in trainings banned during President Trump’s first administration.

Workplace language policies often raise challenging questions, particularly when an employee uses a racial slur when they are part of that race. Employers must balance maintaining a respectful environment with understanding the context in which certain words are used. The case of Murray v. Verizon Wireless LLC, No. 24-273 (U.S. District Court for Eastern Pennsylvania, 10/8/25), highlights this issue, examining whether an African American employee’s self-directed use of a racial slur at...

Whether it’s Teams, Zoom, Slack or another tool that has an AI note taking feature, using the feature could lead to liability.  In a recent lawsuit that was filed in August 2025, Brewer v. Otter.ai, in the federal Northern District Court of California, Brewer alleges that Otter.ai recorded, accessed, and used the contents of private conversations without obtaining proper consent.

Artificial Intelligence is expanding its role in human resources, moving beyond its initial applications in recruitment and hiring to encompass compensation analysis and job description creation. AI-powered tools make generating job descriptions and postings remarkably straightforward – requiring only a clear prompt and subject matter expertise to verify accuracy.

 

Many managers try to steer clear of conflict, especially during stressful times like performance reviews. Rather than addressing both strengths and areas for improvement, some focus only on the positives to avoid uncomfortable conversations. This can create problems later when a new manager steps in and must confront performance issues that were previously overlooked. It’s not uncommon to hear employees say, “My last manager thought I was doing great – why am I being told...

Religious accommodations are increasingly becoming an issue for HR.  Since the U.S. Supreme Court Groff case (No. 22-174 (June 29, 2023)) raised the bar on what employers must do for religious accommodations, HR has been scrambling to identify ways to accommodate without causing business interruption.  For example, if the employer requires weekend shifts and the employee declines for religious reasons, how does HR respond?

Under the Americans with Disabilities Act (ADA), the interactive process for accommodations requires an ongoing dialogue between employer and employee to identify appropriate accommodations.  Ultimately it is the employer’s decision, but the employer cannot unilaterally make a decision without dialogue.  Many times, an accommodation is either at no cost or up to about $200, so an accommodation should be doable.

Massachusetts, California and the state of Washington have new pay transparency requirements that employers need to be aware of.

Can you add a tobacco surcharge to healthcare premiums? The answer is yes.  However, since tobacco surcharges were instituted by various employers, they have been under attack by employees, particularly through class action lawsuits.  There have been more than 30 putative class actions against employers challenging tobacco premium surcharges in recent years.  There have been four settlements during this time, with the settlements ranging from 35-62% of the value of the tobacco...

On July 29, 2025, in a guidance memorandum from Attorney General Pam Bondi, the Department of Justice (DOJ) describes the types of Diversity, Equity, and Inclusion (DEI) programs and practices that would violate federal antidiscrimination laws.  Specifically, the memo targets recipients of federal funding, but the guidance provides a general understanding for all employers. 

On September 19, 2025, President Trump signed a proclamation upending the pricing structure for H-1B visas.  Specifically, the proclamation states some employers:

The “No Robo Bosses Act” (SB 7), which aims to regulate the use of automated decision systems (ADS) in the workplace, is currently sitting on Governor Newsom’s desk waiting for signature or veto by end of month.  The bill is a new approach to the state regulating AI in the workplace. Although Governor Newsome has not indicated whether he would sign or not, if he did, the law would be effective January 1, 2026.

In 2024 Colorado became the first state in the nation to enact comprehensive regulation of artificial intelligence (AI) with Senate Bill 24-205 (SB205), also known as the Colorado Artificial Intelligence Act (CAIA). The law is comprehensive, similar to the European Union Artificial Intelligence Act. It established detailed compliance obligations for developers and users of "high-risk" AI systems operating in employment, housing, finance, health care, education, and essential...

The Pregnant Workers Fairness Act (PWFA) is still fairly new, and there are limited cases to guide HR in shaping policies and internal practices. The cases below, filed by the EEOC, offer insight into how the agency is approaching and reviewing allegations of PWFA violations.

In recent years employees have requested earlier access for earned wages than the normal payroll period.  With employees at times financially struggling, access to their earned wages outside of the normal payroll allows them flexibility to pay bills, rent, and other expenses in a timely manner. A recent study shows that 60% of Americans live paycheck to paycheck, making Earned Wage Access (EWA) a valuable financial benefit for employees. This is different than a payday loan which is a...

In a novel case going through the New York state court system, Julie Ormond, Legends of the Fall and Sabrina actress, is suing Disney, Miramax, and her former talent agency who she says failed to protect her from abuse. Ormond’s complaint sought to plead negligent supervision and negligent retention against Miramax and Disney, and negligence and breach of fiduciary duty against her talent agency, CAA, in an attempt to hold them liable. Ormond alleged that Miramax and Disney employed...

On October 1, 2025, California’s new regulations on the use of artificial intelligence (AI) in the workplace will come into force.  The amendments extend the non-discrimination provisions of FEHA to explicitly cover automated-decision systems.