News

Littler’s 2025 Labor Day Report points to a year defined by legal battles, state-level countermeasures and ongoing questions about the balance of power between employers, workers and regulators. These are the major trends to watch, according to the law firm.

On Sept. 4, the Federal Trade Commission launched a public inquiry into how noncompetes affect workers and employers—while simultaneously ordering a major company to stop enforcing restrictive contracts on nearly 1,800 employees. Just one day later, however, the agency backed away from defending its broader Non-Compete Clause Rule in court, leaving employers to navigate a patchwork of evolving restrictions and enforcement risks.

The rise of tools like ChatGPT has made it easier than ever to draft reports, emails and even job postings in minutes. But speed doesn’t always translate to quality. HR managers must lead their teams in using AI responsibly—balancing efficiency with accuracy, professionalism and compliance.

We have a former employee in Florida who is requesting several things from her personnel file. I believe this is not a law in Florida, as it is in California, that we need to provide a former employee access to their file. Are we legally obligated to provide anything to this employee?

Is it acceptable to state: “Employees have seven calendar days to report a covered absence. Absences not reported within seven calendar days can still be counted towards FMLA/ADA/PWFA; however, the employee will be held accountable for failure to report in a timely manner”?

Social media activity—from an employee’s seemingly harmless TikTok to a CEO’s ill-advised Instagram story—can trigger lawsuits, government investigations or viral outrage that damages a brand overnight. For HR professionals, managing these risks is now a core part of the role.

One in five companies has eliminated DEI programs, and another 10% have scaled back investments. These changes are largely driven by political pressures, with 74% of decision-makers citing the shift in climate as the primary reason for reductions.

New Hampshire recently passed an entirely new unpaid leave law, while Maryland has again delayed implementation of its own.

Progressive discipline plans are great for correcting the behavior of employees in whom you have invested time and money and getting them back on track. But always leave yourself an “out” for those cases when retaining the worker just doesn’t make sense.

The EEOC and the Department of Justice have been stamping out diversity, equity and inclusion programs in federal contractors’ and even private employers’ employment policies. New guidance from the DOJ for federal contractors clarifies how antidiscrimination laws apply to programs or initiatives involving discriminatory practices, including DEI programs.