Fiscal year 2025 brought a record number of EEOC religious-discrimination lawsuits. The agency filed 11 such cases during the fiscal year. Private litigants filed many more. Why? Because a 2023 Supreme Court decision made turning down a request for religious accommodations much harder, spurring more lawsuits.
The court ruled that before turning down a request, employers must show that approving it would create an undue burden on operations. Until 2023, all employers had to show was that approving the accommodation would have more than a de minimis impact on the employer. The Supreme Court now says employers must exhibit something more substantial—specifically, that “granting the accommodation would result in substantial increased costs in relation to the conduct of its particular business.”
But how substantial? That’s a question one recent federal court decision attempted to answer. The decision allows employers to finetune their religious-accommodations process to show whether they can legally reject the request.
The case: Carolyn worked for a hospital during the COVID-19 pandemic. Her job was to admit patients to the hospital’s center for eating disorders. That means she greeted patients—often teen girls—and their parents and had a “long talk” with them on what to expect. It was not a job that could be performed remotely. It was urgent to keep the virus at bay because patients with eating disorders were especially at risk for serious complications or death should they become infected.
When the vaccine came out, all patient-facing employees were ordered to receive one. Carolyn refused and requested a religious accommodation of working from home. She was terminated. Others who requested similar religious accommodations were sometimes approved for remote work or offered transfers to non-patient-facing positions. Of 200 workers who requested religious exemptions from the vaccine, 24 were approved.
Carolyn sued. Now, a federal appeals court has upheld her termination. It reasoned that the employer had met the new undue hardship requirement. First, it said employers who consider all possible accommodations before turning down the request put their “best foot forward.”
The court also said religious accommodations can be turned down more easily than disability accommodations under the ADA, which requires employers to show a “significant difficulty or expense.” For example, employers can turn down a religious-accommodation request if they can show that making the accommodation “in the aggregate” would have a substantial impact. Employers should ask themselves, for example, what would happen if all Christian employees requested Sundays off? If the answer is that the production line could not be run or the restaurant could not serve brunch, that would create an undue burden.
The hospital won the case because it showed that if all 200 people who requested vaccine exemption were granted it, the hospital would not have been able to function. (Hall v. Sheppard Pratt Health, 4th Cir., 2025)
Proving undue hardship
Here’s what you need to do before claiming that approving religious accommodations would create an undue burden:
Workplace violence prevention is no longer limited to high-risk sectors like health care. States across the country are moving toward mandatory written prevention plans, regular risk assessments, employee training and anti-retaliation protections. Because the legal landscape is rapidly evolving, employers should review and update their workplace violence policies at least annually and confirm compliance with their state’s most current requirements.
While California leads the way, numerous states have adopted or are considering similar workplace violence prevention measures. Following is an update on specifics in ten other states.
California
Most California employers are already required under Senate Bill 553 to maintain a written workplace violence prevention plan (WVPP). On May 13, 2025, Cal/OSHA issued a new draft of its proposed Workplace Violence Prevention in General Industry regulation, updating its July 2024 version. The draft incorporates advisory committee feedback and provides important clarifications. It:
These revisions will eventually supersede existing SB 553 requirements once finalized—anticipated by late 2025—so California employers should review their WVPPs now for alignment.
Other states
California’s model continues to influence national policy trends, and many states have adopted or are considering similar workplace violence prevention measures. Key examples highlighted by labor and employment firm Ogletree Deakins include:
By Anniken Davenport
Typically, the end of one year, or the beginning of a new one, is when HR departments take the time to update their company handbooks. No matter when your HR team conducts this task (it should be conducted several times per year), your handbook should include the following sections:
Welcome to the company
Rules and procedures
Employment policies
Compensation
Benefits
Safety and health
Non-discrimination statement
Wage-and-hour compliance is one of the most complex and costly areas of HR management. At the 2025 HR Specialist Summit, Carrie Hoffman, labor and employment partner at Foley & Lardner LLP, reminded attendees that the Fair Labor Standards Act (FLSA) doesn’t grant employers much leeway. Because it’s a remedial statute, employers don’t get the benefit of the doubt. Exemptions are narrowly construed, the burden of proof is on the company and even small oversights can snowball into class claims.
Review job classifications regularly
Courts issued 172 certification rulings in 2024, with plaintiffs succeeding 80% of the time. That success rate reflects how easy it is to get classification wrong. HR teams should regularly audit how roles are classified, between contractor and employee status and between exempt and nonexempt categories.
Contractor vs. employee disputes often hinge on five factors:
Labels and agreements don’t decide the issue; what matters is the true nature of the working relationship and the level of independence involved.
For exempt vs. nonexempt roles, titles and pay method aren’t enough. The actual duties must align with one of the FLSA’s recognized exemptions: executive, administrative, professional, computer or outside sales. Entry-level roles, assistant managers and sales positions are especially prone to misclassification errors.
Get overtime calculations right
One of the most overlooked compliance traps is how overtime is calculated. All forms of compensation count toward an employee’s regular rate unless specifically excluded under federal law. Bonuses tied to performance, shift differentials and safety or attendance awards must be included when determining overtime pay.
A common mistake is using an “easier” calculation method that allocates bonuses or incentive pay to a single pay period. This often inflates or deflates pay inaccurately. The correct approach is to allocate compensation over the period when it was earned—usually the standard 40-hour workweek.
Track all hours worked
For nonexempt employees, the company bears the responsibility to accurately track hours worked. Even if employees fail to cooperate, the burden doesn’t shift. HR leaders should monitor for subtle forms of off-the-clock work, such as:
Automatic meal deductions can also create exposure if employees aren’t truly relieved of duties. “If someone’s working through lunch, that’s compensable time,” Hoffman said.
Travel, waiting and on-call time
Ordinary home-to-work travel isn’t paid time, but travel between job sites or during normal work hours generally is. Waiting time counts as hours worked when the employee can’t use the time effectively for personal purposes, and on-call time is compensable if restrictions prevent employees from freely using their time.
Correct errors quickly—and strategically
When a compliance problem surfaces, assess whether to correct it prospectively or retroactively. Future corrections draw less attention, but back-pay adjustments can limit legal risk if handled transparently. Tying changes to broader policy updates can also help frame them as part of continuous improvement rather than a reactive fix.
FLSA compliance is about what’s defensible. With plaintiffs winning four out of five certification rulings last year, even one misclassified employee or one uncounted hour can tip the scales. Compliance reviews should be ongoing, not occasional, and precision remains the best protection.
By John Wilcox
When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.
Ask the complainant
Ask the alleged harasser
Ask third-party witnesses
Advice: Document every interview you conduct. Note who you interviewed, and when and where the conversation occurred. If there were any witnesses to the interview—it’s often a good idea to have someone sit in—record their names and titles. Place all interview notes in a working file until you have concluded your investigation. Then transfer them to a permanent file.
Never alter or destroy any interview notes. They could become evidence if litigation results from alleged harassment.
October is Disability Awareness Month, and 2025 marks the 35th anniversary of the passage of the Americans with Disabilities Act. What better time to remind managers that the ADA has opened the workplace to disabled individuals by requiring employers to make reasonable accommodations for otherwise qualified applicants and employees?
The ADA is widely credited with increasing the number of disabled Americans who want to work, but gaps remain. According to the Bureau of Labor Statistics, in August 2025, the unemployment rate for disabled persons attached to the labor pool was 8.6%—exactly twice the number as for non-disabled workers at 4.3%. Employers can help close that gap with a few practical steps that include help from managers.
Making accommodations
Managers may assume that when their company hires a disabled individual, the manager will be burdened with an employee who can’t perform as well as a non-disabled hire. HR needs to dissuade managers of that notion. Education is key. Work with managers to come up with reasonable accommodations that allow the new employee to perform the job. Sometimes, that’s as simple as providing ergonomic equipment or making a few schedule changes.
Inclusion
The ADA requires more than reasonable accommodations that allow disabled workers to perform the essential functions of their job. The ADA also mandates full access to their workplace and full inclusion into the life of the organization. For example, managers need to make sure disabled workers can physically navigate the workplace. Priority parking and accessible offices and common areas are essential. But so is being able to participate in the full benefits of working.
Managers need to make sure that training programs are accessible, wherever that training occurs. Planning a company party or outing? It’s the manager’s responsibility to make sure disabled employees can attend by checking physical accessibility.
Managing employee leave has become one of HR’s biggest administrative burdens—complex laws, rising requests and endless manual tracking eat away at already limited bandwidth. At SHRM 2025, Susan Stowell, Marci Cyr and Angel Bennett of the insurance company Unum argued that digital self-service portals can change that equation, reducing compliance headaches, cutting down on employee inquiries and giving HR more time to focus on strategy.
Why leave programs need a digital upgrade
Employees facing leave often find the process confusing and stressful. They may not know what type of leave they’re eligible for, how to apply or even when they’ll receive their first paycheck upon return. According to Unum’s research, 42% of employees have questions about the length of time available, accrual and extension—gaps that lead to frustration and productivity loss.
For HR, the challenge is tangible:
With leave requests on the rise—42% of large employers report increases in recent years—traditional, manual approaches are no longer sustainable.
What a self-service portal offers employees
Digital self-service tools can bring clarity and confidence to the leave experience. When implemented effectively, they allow employees to:
This combination of autonomy and support helps employees feel cared for, not left in the dark. Technology should not replace empathy but rather create room for it.
Benefits for HR and the business
For HR leaders, digital tools streamline processes while reducing stress and manual work:
And the payoff extends to the organization. Companies with strong leave programs report higher retention, improved morale, and reduced turnover costs—up to 200% of a leader’s salary for replacements. A seamless digital leave experience strengthens employer brand and positions organizations as supportive, employee-centered workplaces.
Getting implementation right
Technology only helps if it’s rolled out with intention. Poorly integrated tools risk adding confusion instead of clarity. Best practices include:
A single post can turn into a companywide crisis in minutes. In his recent webinar, Social Media & the Law, labor and employment attorney Michael Elkins explained how 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.
Today’s HR teams aren’t just handling payroll and policies; they’re also coordinating legal, PR and crisis management when online activity involves the workplace. Social media can serve as evidence in harassment or discrimination claims, spark retaliation allegations and, under the National Labor Relations Act (NLRA), fall under protected speech if it involves working conditions or wages. That means HR must be able to spot potential legal issues before reacting to an employee’s post.
A well-written social media policy can help set clear expectations while protecting against legal pitfalls. Overly broad rules, like “never post anything negative about the company,” can run afoul of the NLRA by chilling protected speech.
When a social media incident gains traction, speed matters, but so does precision.
A disjointed or overly defensive response can deepen reputational damage. Unified, values-driven messaging that are balanced with legal caution helps maintain trust with employees and the public.
A hefty 79% of employers cite compliance with paid leave laws as their top challenge, according to a 2024 Business Group on Health survey. HR teams are stuck juggling outdated systems, limited staffing and rising employee expectations—while employees are often left unclear on their options, timelines or pay. The fastest path to relief? Use technology to streamline leave from start to finish without losing the human touch.
Match each problem with a targeted tech solution
Compliance complexity: Adopt leave management platforms with built-in rules engines that auto-update with changing state and local laws, generate required forms and ensure eligibility criteria are applied consistently. This reduces the risk of costly missteps.
Administrative burden: Integrate leave technology with your HCM, payroll and benefits systems to eliminate redundant data entry. Automated workflows for approvals, document collection and case tracking free up HR time.
Transparency gaps: Give employees a real-time leave timeline showing milestones, payment status and next steps. Add proactive notifications to eliminate “What’s happening with my leave?” calls.
Underutilized benefits: Use guided intake tools and plain-language benefit explanations so employees understand their options from the start. This increases correct usage and reduces follow-up questions.
Productivity strains: Deploy dashboards that show upcoming absences, overlaps and coverage gaps so managers can plan ahead and maintain team performance.
Rising demand: Provide 24/7 self-service portals and mobile access for requests, document uploads and status checks, so HR isn’t swamped during business hours.
Design an employee experience that builds trust
Technology should make leave predictable, stress-free, and fast for employees. That means:
Give HR a control center—not a patchwork
The right tech stack should allow HR to:
Keep the human element
Automation doesn’t replace empathy. Employees still need reassurance, especially during life events. Pair your tech investment with clear service standards, inclusive policy language and escalation paths for complex or sensitive cases.
The right technology can turn leave from an administrative drain into a smooth, supportive process that works for both employees and HR—cutting compliance risk, reducing workload and improving the employee experience all at once.
The most common cause of data breaches isn’t hackers—it’s employees. According to research presented at Littler’s recent webinar on data security, 76% of data breaches are caused at least in part by insiders. Of these, 90% result from human error, not malicious intent. Yet whether accidental or deliberate, the consequences are costly: the average cost of a U.S. data breach is about $9 million, and even relatively minor breaches can rack up expenses of $20,000 to $200,000.
For HR professionals, the risks are heightened. Personnel records often contain some of the most sensitive data a company holds—Social Security numbers, health information and payroll details. Add the growing use of AI, remote work and increasingly sophisticated cyberattacks, and it’s clear that HR must play a central role in strengthening data security.
Hiring and onboarding: Your first line of defense
Many breaches begin with flawed hiring practices. Littler attorneys highlighted recent cases in which employers discovered—too late—that employees had fabricated résumés or committed identity theft, only to gain access to company data.
To reduce risk:
Once hired, employees should sign confidentiality agreements that clearly cover personal data, drafted to comply with labor laws protecting employee rights. Data security training must be concrete and practical—clearly defining sensitive data, outlining proper storage and access protocols and addressing modern threats like phishing, AI misuse and data breaches through email mistakes or personal account access.
Remote work and insider threats
Remote employees pose unique challenges. They are harder to monitor and may feel less connected to company policies, making intentional or unintentional data leaks more likely. Real-world examples include a “model” remote employee who outsourced her work to unauthorized individuals, compromising health data in the process.
To mitigate these risks:
Manage access, map your data
Limit sensitive data access to only those who need it, and update permissions promptly when roles change or employment ends. Additionally, many organizations don’t know where all their data lives. Data mapping—whether manual or via AI tools—can help track and manage stored data, reduce breach costs and ensure timely data deletion.
Balancing security tools and privacy
AI-based security tools can detect unusual behavior or phishing attempts, but employers must ensure these tools comply with privacy laws. Monitoring employee communications without notice or consent may violate wiretap or data protection laws, especially outside the U.S.
Protecting employee data is about both technology and people. The right hiring, training and oversight can turn your biggest risk into your strongest defense.
