We Get Work

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Knowing what data your organization is collecting and from whom is critical to effectively respond to cybersecurity data breaches and prepare for future incidents.  Chapters 00:00 Introduction to Data Privacy and Cybersecurity 01:54 Understanding Data Mapping 06:07 The Importance of Data Minimization 10:06 Legal Obligations and Compliance 14:02 Data Mapping Process and Best Practices

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Welcome to this special edition of We get work®. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get those insights delivered directly to you live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference.

Welcome to this special edition of We get work®. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get those insights delivered directly to you live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference.

Many federal and state laws require companies to have reasonable safeguards in the event of a data breach, but do not clarify what those protections actually are.   Chapters 00:00 Introduction to Cybersecurity Safeguards 02:24 Understanding Reasonable Safeguards 04:46 Conducting Data Security Risk Assessments 11:01 Navigating Legal Frameworks and Compliance 17:48 Implementing Effective Employee Training

Accommodation requests are evolving, and life sciences employers are witnessing a surge in diverse and creative requests.  Chapters 00:00 The Rise of Accommodation Requests in Life Sciences 05:44 Navigating the Interactive Process 12:10 Challenges in Fast-Paced Startups 16:57 Establishing Effective Accommodation Processes

As states increasingly introduce legislative requirements for how companies respond to cybersecurity threats, it is more important now than ever for organizations to have a plan in place to address data breaches if and when they occur.   Chapters 00:00 Introduction to We get Privacy for work 01:39 Understanding Incident Response Plans 03:05 Key Components of an Incident Response Plan 08:45 The Importance of Preparedness and Practice 12:00 Creating Usable and Effective Plans 16:11 Actionable Steps During an Incident 19:03 Reviewing and Updating the Incident Response Plan

Accommodation requests for mental health issues are on the rise. Even though these types of disabilities might not be outwardly apparent, employers must address requests for mental health accommodations in the same way they would evaluate— and potentially accommodate—any disability as legally required. Chapters 00:00 Introduction to Mental Health Accommodations 03:08 The Interactive Process in Mental Health Accommodations 06:00 Challenges in Recognizing Mental Health Disabilities 08:53 The Role of Service Animals in the Workplace 12:12 Customizing the Interactive Process 15:11 Conclusion and Key Takeaways

Biden-era guidance on responsible AI use has recently been removed from public-facing websites of certain federal agencies including the EEOC, OFCCP and DOL. However, that does not mean companies are not absolved from legal responsibilities when utilizing AI in support of business operations.  Chapters 00:00 Introduction to AI in the Workplace 01:05 Deregulation of AI: A New Era 02:41 Impact of Presidential Administration on AI Policies 04:31 Changes in Federal Guidance on AI 07:12 State-Level Regulations and Compliance Challenges 10:08 The Balance Between Innovation and Regulation 12:06 Understanding Legal Risks in AI Usage 14:52 The Importance of Governance and Policy in AI 18:09 Conclusion and Future Considerations

Employers in the technology industry are preparing for monumental changes in immigration enforcement under the new presidential administration, from increased ICE site visits to I-9 audits.   Chapters 00:00 Introduction to Workplace Immigration Challenges 01:33 Concerns Over Enhanced Visa Vetting 04:42 Executive Orders and Their Implications 10:21 Anticipating Changes in Immigration Policies 14:20 Preparing for Immigration Enforcement 19:10 I-9 Compliance and Best Practices

The Department of Education has rolled out guidance on how it plans to enforce President Trump's recent EOs regarding "unlawful DEI." Although the guidance provides education institutions with some information regarding how to comply, many questions remain unanswered.   Chapters 00:00 Introduction to Organization Strategies 02:52 Understanding the New Department of Education Guidance 05:55 The Impact of Title VI on Higher Education 09:00 Admissions and the Essay Loophole 11:51 Curriculum and Academic Freedom 15:05 Protests and Free Speech on Campus 17:59 Compliance and Discriminatory Practices 20:53 Conclusion and Future Implications

Since taking office, President Trump has made significant changes at federal agencies affecting workplace regulations. In addition to appointing new leadership, President Trump swiftly removed sitting commissioners of the EEOC and NLRB, limiting a number of key agency operations. 

Manufacturing employers are facing more uncertainty than ever as the threats of reciprocal tariffs and supply shortages loom. Reductions in force may appear to be the most expedient solution but competing federal and state regulations may challenge that notion.  Chapters 00:00 Navigating Workforce Challenges in Manufacturing 03:04 Understanding Reductions in Force and WARN Act Compliance 05:49 Lessons Learned from the Pandemic 09:08 Planning for Future Workforce Disruptions 12:02 Alternatives to Reductions in Force 15:06 Voluntary Separation Programs and Their Impact 17:52 Legal Considerations in Group Terminations 20:47 The WARN Act: Key Requirements and Exceptions 24:05 Recent Developments in WARN Act Enforcement 26:57 Conclusion and Future Considerations for Employers

Since his inauguration, President Trump has issued dozens of executive orders affecting employers, including higher education institutions. These orders have quickly created multiple compliance hurdles.

President Trump's recent executive orders call for the elimination and, in some cases, requisite penalties for certain DEI initiatives and the data collection and reporting that accompanies them. In addition to raising questions about company culture, these orders may conflict with the mandates of the EU's Corporate Sustainability Reporting Directive (CSRD), creating compliance issues for global employers.  

From meal breaks to bonuses, employers in the healthcare industry manage one of the most complex workforces. They also face a spectrum of competing federal and state laws and regulations regarding employees' wages and hours.

While recent executive orders have attempted to dismantle DEI initiatives under the guise of illegality, it is crucial for employers today to understand how to maintain inclusivity across their workforce and support all employees as individuals. 

Ensuring the safety and security of residents in assisted living facilities (ALFs) is a top priority for many healthcare employers. Unfortunately, the theft of residents' valuable possessions remains a troubling issue that may undermine trust and well-being of essential healthcare workers.

Food establishments are committed to serving all customers fairly, including offering reasonable accommodations for individuals with disabilities. 

In light of President Trump's recent Executive Orders, Diversity, Equity, and Inclusion (DEI) programs and policies are facing unprecedented scrutiny.

Leveraging data is one of an organization's most valuable assets. Metrics measure market competitiveness and help ensure pay equity and compliance with federal and state laws and regulations.

Restaurant operators and employers may likely face significant challenges in hiring and retaining their workforces under the new administration.

Status of Forces Agreements—(SOFAs)—are designed to delineate the jurisdiction of military personnel and their dependents when stationed in a foreign country.

“All of this is to say that for 2025, and perhaps beyond, the writing appears to be on the wall as to true non-competes. They, whoever they are, are coming for employers who are aggressive in their choice of which employees are bound by true non-competes, the extent of the restrictions and the enforcement actions taken.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 FTC's Non-Compete Rule: A Legal Battle 06:00 Future of Non-Compete Legislation 08:51 Trends in Non-Compete Enforcement and Drafting

“Most of our clients and most employers out there understand that there's going to be a pendulum swing. The key thing for us right now is to make decisions that consider where the law is and where it might go, understanding that we have four-year terms in the presidential administrations and things always change.” Chapters 00:00 Navigating Workplace Law in 2025 01:12 The Future of the NLRB and Union Activity 06:52 Organizing Trends and Worker Sentiment 12:04 Transactional Activity and Economic Impacts 15:48 Litigation Challenges and Future Outlook

“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you've really got your eye on the ball, that you're plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.” Chapters 00:00 Navigating Workplace Law in 2025 02:11 The Impact of PWFA on Employers 05:28 Return to Work Initiatives and Employee Accommodations 08:49 Mental Health Challenges in the Workplace 11:57 The Role of Artificial Intelligence in Employment Practices 18:41 Trends in Paid Family Medical Leave Legislation

“It's like an AI chicken or the egg conundrum. Who should own the liability there? Should it be the developers of these technologies or should it be the users? If you're trying to make that determination, where does that line fall? This uncertainty has worked its way into different legislation across the country. It really reflects how these lawmakers are grappling with some of these issues that, frankly, don't have an easy answer.”  Chapters 00:00 Navigating Workplace Law in 2025 00:45 The Evolving Landscape of Workplace AI 10:06 Legislative Developments and Transparency in AI Laws 15:12 Looking Ahead: Predictions for AI in 2025

“A corollary to the populist instincts of president-to-be Trump [i.e., his possible support for some increase to the federal minimum wage] is this issue about removing taxes on tips. This is something that could certainly happen in 2025 — and it would be the most important effect on the wage and hour practice in the entire time I have been practicing in this area.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Navigating Wage and Hour Law Changes 08:46 The Future of Minimum Wage Legislation 13:56 Anticipating Changes in Wage and Hour Practices

“A lot of employers have very innocent mistakes on their I-9s or employees have expired work authorization and they don't even realize it. These are things immigration counsel can help with and protect employers from liability before the enforcement starts.” Chapters 00:00 Navigating Workplace Law in 2025 03:07 Understanding Asylum and Temporary Protected Status 05:48 Humanitarian Parole and Its Implications 08:51 DACA and Future Employment Considerations 10:09 Preparing for Potential Immigration Enforcement

“To be clear, raids are officially known as worksite enforcement actions. These are very large-scale operations. There are subpoenas involved, a lot of enforcement personnel, a lot of planning — and the government typically tips off the media. In terms of long-term effectiveness, they're not very effective but it does grab the headlines, which is what we think that the Trump administration wants. And it's in part, why it was done last time.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Anticipating Immigration Policies Under Trump 05:59 Worksite Enforcement and Compliance Measures 12:01 Preparing for Increased Audits and Enforcement Actions 15:53 Conclusion and Future Insights

“It's this constant sense of governance — risk and compliance processes that should take place whenever you're dealing with these technologies. If there was one goal I would recommend for next year, that would be more collaboration between the stakeholders [IT, legal, HR, the business area deploying the tech] when rolling out these kinds of tools.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Trends in Privacy and Data Security Litigation 05:05 State Privacy Laws and Their Implications 09:48 Data Minimization and Vendor Risk Management 15:11 The Role of AI in Data Management and Compliance 19:48 HR's Evolving Responsibilities in Data Privacy 25:03 Collaboration for Effective Technology Implementation

“The watchword is uncertainty. I don't think there's any question that the Trump administration is going to usher in a more pro-business, anti-regulatory administration and emphasis. But I do think that there's a lot that remains to be seen about how that will actually go into effect. [Post Loper Bright] we don't exactly know how courts will interpret a number of statutes.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 Uncertainty in OSHA Regulations 06:07 Impact of New Administration on OSHA 09:58 Workplace Violence Prevention Regulations 13:48 The Future of OSHRC and Judicial Review

“PAGA is a statute that's not employer-friendly, but one of the benefits of this last year is that we had some amendments come through that did, for lack of a better phrase, throw employers a little bit of a bone when it came to dealing with PAGA cases. One benefit is an expanded ability to cure labor code violations. The other involves arbitration and our ability to fight these claims and not just have to wait to trial to do it.”  Chapters 00:00 Navigating Workplace Law in 2025 00:45 Introduction to PAGA and Its Challenges 03:11 Recent Amendments and Their Implications 06:04 Understanding Penalties and Compliance 09:06 Standing Requirements and Legal Developments 12:00 PAGA vs. Arbitration: Current Landscape 14:50 Conclusion and Future Outlook

“Throughout the year, we certainly find some of the policies that we think ‘we should maybe change that moving forward.' The beginning of the new year is a great opportunity to take a look at these things with new eyes and work with our management teams to really be business partners and not just advise but strategize with them as we move forward.” Chapters 00:00 Navigating Workplace Law in 2025 00:46 Workplace Violence Regulations and Remote Employees 04:03 Expanded Sick Leave Laws 06:47 Changes in Paid Family Leave Requirements 10:11 Discrimination Laws and Protected Traits 13:08 Fair Chance Ordinances and Employment Regulations 14:57 Conclusion and Future Insights

“It's harder and harder to be a day-to-day HR professional or managing legal in an organization due to the myriad of differences between state and local laws. That requires an analysis of whether we want to go to lowest common denominators, which involves consideration of stakeholders and costs, or whether we have the ability to operate different policies and systems in different states, which then interacts with IT and systems. It requires an overall analysis of where the organization wants to be. And now we have another issue that we always need to think about, which is humanity. Individuals have more expectations for treatment in the workplace.” Chapters 00:00 Navigating Workplace Law in 2025 00:45 The Push and Pull of DEI Initiatives 09:50 Legislative Landscape: Ballot Initiatives and Employee Rights 15:59 Changing Employee Expectations and Future Outlook

Businesses that embrace non-discriminatory practices and enforce robust anti-harassment policies create an environment where LGBTQ+ employees can thrive. By fostering a culture of inclusivity and safety, these companies not only support their employees in being their authentic selves but also leverage the unique perspectives and talents that come with diversity. Chapters 00:00 Introduction to Workplace Inclusion for LGBTQ+ Employees 02:02 Personal Experiences and Mentorship in the LGBTQ+ Community 05:52 Legal Considerations for Employee Resource Groups 10:10 The Importance of Mentorship and DEI Programs 14:04 Enhancing DEI Programs for LGBTQ+ Inclusion 17:54 Community Engagement and Broader Impact 21:53 Conclusion and Key Takeaways

Some organizations are early adopters of AI, balancing the need to embrace new technology with transparency to stakeholders and adherence to regulatory guidelines. Chapters 00:00 Introduction to AI in the Workplace 02:30 Understanding ThreadUp and AI's Role 06:46 Balancing Transparency and AI Usage 11:33 Governance of AI in Organizations 18:01 Top Takeaways for AI Implementation

Organizations are harnessing the benefits of using generative and traditional AI technologies to enhance productivity, streamline operations, and foster innovation. However, before employing these tools in the workplace, organizations must minimize potential risks and ensure the ethical and responsive use of AI.  Chapters 00:00 Introduction to AI in the Workplace 01:03 Developing Comprehensive AI Policies 06:05 Governance and Evaluation of AI Tools 11:11 Confidentiality, Data Privacy, and Security 15:55 Accuracy and Reliability of AI Outputs 20:51 Monitoring for Bias in AI 26:03 Policy Enforcement and Adaptation

Establishing a governance structure for artificial intelligence is essential today. Before committing to any specific technology, organizations should evaluate a potential policy's risks and benefits to create maximum opportunity for successful outcomes. Chapters 00:00 Introduction to AI Governance in the Workplace 02:53 Establishing Effective Governance Structures 06:11 The Role of Multidisciplinary Committees 09:02 Developing AI Policies and Compliance 11:53 Evaluating AI Tools: Internal vs. External Solutions 15:06 Understanding Liability in AI Implementation 17:56 Conclusion and Future Considerations

AI technology has introduced new complexities both into the workplace and the workforce, as well as novel—and sometimes conflicting—regulatory developments. Chapters 00:00 Introduction to AI in the Workplace 01:55 The Role of the American Staffing Association 04:06 Navigating the Regulatory Landscape 09:47 Liability and AI in Staffing 14:51 Key Takeaways for Employers