As we prepare for the new Trump administration to take office, we are taking a look at what changes to expect for each executive agency that will affect employment law. These include the EEOC, the Department of Labor and the National Labor Relations Board. First up is the EEOC.

When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

Questions about maximum time off and continuing allotments after a job anniversary.

Big crowds and shortages of hot toys and other gifts along with increased stress on the part of customers and employees alike can lead to violence as tempers flare. Your regular employees may have encountered this before and know how to de-escalate these situations. But that’s not likely with new, largely untrained holiday staff.

The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

California arguably has the most restrictive independent contractor rules of all. Following them means you likely will pass any of the less stringent tests with flying colors.

Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. However, after unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.

The Department of Labor has appealed a ruling by a federal judge in Texas that overturned the Biden administration’s rule that would have made some 4 million more white-collar workers eligible for overtime pay.

States are emerging as prime sources of new employment-related laws. Here is a sampling of new laws scheduled to go into effect on Jan. 1, 2025, or soon after.

Before Groff v. DeJoy, an employer only had to show that approving a request for a religious accommodation would have “more than a de minimis” impact on the employer. That made turning down requests easy. Not anymore.