Quick Hits

• The New York Retail Worker Safety Act took effect June 2, 2025, and requires compliance with workplace violence prevention policies and training.
• The New York State Department of Labor (NYSDOL) released guidance and model templates to help employers comply with the Retail Worker Safety Act.
• Employees can report violations of the Retail Worker Safety Act through an online complaint form provided by the NYSDOL.

NYSDOL Guidance

The NYSDOL’s guidance clarifies some questions about covered employers under the act as well as translation and training requirements. One key point is that the act applies to employers with employees who work in the retail setting, even if they are not employed by a retail store and are not involved in selling retail goods. For example, a cleaning business with employees who clean retail stores is covered under the act, even though those employees are not employed by the store itself and do not participate in selling retail goods.

The guidance also discusses the act’s requirements for employees who identify a language other than English as their primary language. Covered employers must provide all retail employees with a copy of the workplace violence prevention policy and a workplace violence training template in English. Employees who identify a language other than English as their primary language must be provided with a translated copy only if the NYSDOL has provided a translation. If an employee’s primary language is not one of the languages for which the NYSDOL has provided a translation, an employer can provide an English version. Notably, employers are only required to provide a written template outlining the content of their workplace violence prevention training in the employee’s primary language, not a translated version of the interactive training itself.

Speaking of interactive, the guidance has clarified this requirement. For training to be considered “interactive” it requires an employee to provide input during the training and receive a response to the input the employee provides. “Digital training can be considered interactive,” the NYSDOL guidance states. In-person training is not required.

While this new guidance does provide additional insight on which employers are covered under the act, it does not include any information on how the law defines “retail” and what constitutes a “retail store.”

Model Programs

As promised, the NYSDOL has provided a model workplace violence prevention policy and training templates. The templates are currently only available in English, although it is anticipated that the NYSDOL will provide translated versions at a future date.

The template workplace violence prevention policy outlines the requirements of the act and provides optional sections for an incident reporting system and additional methods to prevent workplace violence. The template policy also provides general information on potential criminal penalties against anyone who assaults a retail worker and employers’ responsibilities under the federal Occupational Safety and Health Act.

The model training program template consists of four units that cover the requirements of the Retail Worker Safety Act, de-escalation tactics, emergency preparation, and active shooter events. To supplement the written template, the NYSDOL has also created four training videos that address these topics. The videos include multiple choice questions to confirm an employee’s understanding of the information presented.

Employee Resources

In addition to providing guidance on the act’s requirements and model templates, the NYSDOL has also provided avenues for employees to file complaints related to workplace violence. Employees who have either been the victim of workplace violence or alleged retaliation related to workplace violence may report this to the NYSDOL by email, phone, or an online complaint form. The form also provides an option for an employee to lodge a complaint against a covered employer if there is no workplace violence prevention policy or training program, or if they have not received the policy or training.

Next Steps

Now that the compliance date for the New York Retail Worker Safety Act has arrived, covered employers will be expected to meet the statutory requirements. The complaint system is active, and it should be anticipated that the New York Department of Labor will begin enforcement.

Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments and provide updates on the New York, Retail, and Workplace Violence Prevention blogs as additional information becomes available.

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Quick Hits

• In the EU, pay transparency has been identified as a key obstacle to closing the gender pay gap. Directive (EU) 2023/970 aims to close the gender pay gap and promote fair pay practices by increasing transparency and accountability between employers and employees.
• The principle of “equal value” will require employers to undertake an evaluation exercise to determine where equivalence of the respective value of roles may exist across their organisations. Employers may want to consider preparing for this now.
• EU member states have a deadline of 7 June 2026 to transpose the directive into national law. Each member state has the autonomy to transpose the directive in its own way, provided the directive’s minimum requirements are met.

What Does ‘Equal Work or Work of Equal Value’ Mean?

Directive (EU) 2023/970 defines equal pay not only for identical roles but also for jobs that contribute comparably to an organisation’s success. Employers must assess job roles using objective, gender-neutral criteria. Each EU member state may derive its own methodology for determining whether two roles are of equal value, but minimum factors to consider for each role should include:

• Skills—The experience, knowledge, and qualifications required.
• Effort—The mental or physical exertion needed for a role.
• Responsibility—The level of accountability and decision-making involved.
• Working Conditions—The risks associated with the job.

New Employer Obligations Under Directive (EU) 2023/970

Under the directive, employees (and/or their representatives) have the right to request and receive information on their pay level and the average pay levels of their organisation, broken down by gender, for employees performing the same work as them or work of equal value. Within two months of a written request, employers will need to provide an employee with the requisite information.

In the first stage of the directive’s implementation, employers with 150 or more employees are required to report on the average gender pay gap (1) across the company as a whole and (2) within each category of workers who do the same work or work of equal value.

If a pay difference of 5 percent or more is uncovered, without objective justification, and is left unresolved for more than six months from the date it is reported, the organisation will be subject to a joint pay assessment (i.e., a detailed equal pay audit) which can be costly and damaging.

Next Steps

Employers may want to consider the objective criteria used to consider how categories of employees are determined, and which roles are of equal value. All employers must ensure that they are consistent and nondiscriminatory in their application of pay criteria and be prepared to demonstrate how this operates in practice. Transparency and fairness necessitate detailed records of salary structures and clear strategies to address possible pay disparities.

The directive requires greater accountability from employers to ensure fair pay practices. Maintaining compliance may require establishing job evaluation systems, transparent pay structures, and data reporting. The concept of “equal value” is complex and employers may want to prepare for this new requirement now.

For more on the EU’s Directive (EU) 2023/970, see our previous articles, “Preparing for the EU’s Pay Transparency Directive” and “EU Pay Transparency Directive: Updates on Implementation Across Member States.”

Organisations can stay up to date with the progress of Directive (EU) 2023/970 and how it will apply across each EU member state by visiting Ogletree Deakins’ interactive EU Pay Transparency Directive – Member State Implementation Tracker.

Ogletree Deakins’ London office and in-house data analytics team will continue to monitor developments and will provide updates on the Cross-Border and Pay Equity blogs as additional information becomes available.

For more information on this topic, please join us for our upcoming Pay Equity 2025 webinar series. The first webinar, “Part 1: Strategies for Compliance in a Changing Landscape,” will be held on Thursday, June 5, from 2:00 p.m. to 3:00 p.m. EDT, and will feature Matthew Gagnon and Morgan Pike Epperson. Register here for Part 1. The second webinar, “Part 2: Practical Insights Into Pay Audit Processes,” will be presented by Daniella McGuigan and Emily Halliday on Wednesday, June 25, from 1:00 p.m. to 2:00 p.m. EDT. Register here for Part 2.

Daniella McGuigan is a partner in the London office of Ogletree Deakins and co-chair of the firm’s Pay Equity Practice Group.

Lorraine Matthews, a data privacy and cybersecurity practice assistant in the London office of Ogletree Deakins, contributed to this article.

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DOL to Rescind Biden-era ESG Rule. In a status report filed this week with the U.S. Court of Appeals for the Fifth Circuit, the U.S. Department of Labor (DOL) stated that it will no longer defend a legal challenge to the Biden administration’s 2022 ESG (environmental, social, and governance) rule (formally, “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights”). Instead, the administration will pursue notice-and-comment rulemaking to rescind the regulation. The pending rulemaking will be the latest regulatory back-and-forth on this issue, as the DOL in 2020 finalized a regulation that limited the abilities of Employee Retirement Income Security Act (ERISA) plan fiduciaries to consider investment factors that “promote non-pecuniary benefits or objectives.” In turn, the 2022 Biden-era rule instituted an “all things being equal” standard that allows plan fiduciaries to consider such factors as “tiebreakers” in investing decisions. There is no timetable for the proposed rule, but the spring regulatory agenda—expected sometime in June or July of this year—should provide some clues.

USCIS Nominee Wants Restrictions on OPT. Last week, the U.S. Senate Judiciary Committee held a hearing on the nomination of Joseph Edlow to serve as director of U.S. Citizenship and Immigration Services (USCIS). In response to a question from Senator Mike Lee (R-UT) regarding optional practical training (OPT), a program that provides F-1 students with up to three years of work authorization after graduation, Edlow responded with the following:

What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.

The statement clearly provides insight not just into the future of OPT, but also on the types of employment-based immigration policies that USCIS will pursue in the future. The committee has not yet voted on Edlow’s nomination.

Consulates to Pause Student Visa Interviews. According to media reports, the U.S. Department of State has instructed U.S. consulates to refrain from scheduling new interviews for applicants seeking visas to study in the United States in preparation for new social media vetting protocols. The State Department will reportedly be issuing guidance as to what such vetting will entail. The increased scrutiny of foreign students’ social media activities is likely rooted in President Donald Trump’s executive order, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” which instructs the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to ensure “that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible.” Whitney Brownlow and Derek J. Maka have the details.

House Committee Examines DEI on College Campuses. The House Committee on Education and the Workforce’s Subcommittee on Higher Education and Workforce Development held a hearing last week entitled “Restoring Excellence: The Case Against DEI.” The hearing primarily focused on fallout from the Supreme Court of the United States’ 2023 ruling prohibiting the use of affirmative action in college admissions, including alleged ongoing discrimination in the college admissions process. Witnesses and lawmakers also examined college accreditation standards and medical school curricula, among other topics. The Dismantle DEI Act, introduced in 2024 by then-senator J.D. Vance, was not discussed.

Republican Lawmakers Seek Input on Transparency Reforms for Union Members. Chair of the House Committee on Education and the Workforce Tim Walberg (R-MI), along with Representative Rick Allen (R-GA), who chairs the Subcommittee on Health, Employment, Labor, and Pensions, sent an open letter to stakeholders soliciting feedback on potential revisions to the Labor-Management Reporting and Disclosure Act (LMRDA) “to inform Congress how it can reform the LMRDA to ensure labor organizations adhere to the highest standards of responsibility and ethical conduct.” The letter is divided into the following issue area categories:

• Strengthening Member Governance and Voting Rights (e.g., “Should a union be required to hold a secret ballot vote of membership to ratify a collective bargaining agreement or authorize a strike?” And, “What information should a union be required to share with membership during contract negotiations and before a strike authorization?”)
• Fiscal Transparency and Fiduciary Duty (e.g., “How can Congress clarify or strengthen fiduciary responsibilities of union officers?”)
• Political Expenditures and Member Consent (e.g., “What reforms would give members more direct control over the portion of their dues used for lobbying, campaign contributions, or ballot-measure advocacy?”)
• Digital Disclosure and Data Accessibility
• Enforcement, Compliance Assistance, and Whistleblower Protections (e.g., “Do current criminal and civil penalties under the LMRDA adequately deter embezzlement, vote rigging, and false reporting? If not, how should they be updated?” And, “Should Congress establish a private right of action or a more robust whistleblower protection program to assist members with reporting wrongdoing?”)

The letter requests that all stakeholder feedback be submitted by July 22, 2025. The Buzz expects that this information will eventually lead to the introduction of legislation amending the LMRDA.

Labor Secretary Outlines Priorities on Capitol Hill. As part of the fiscal year (FY) 2026 appropriations process, Secretary of Labor Lori Chavez-DeRemer testified last week before the Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. John D. Surma has all the details on Secretary Chavez-DeRemer’s testimony on the DOL’s priorities, which touched on the agency’s current staffing levels, the future of workforce training programs, the Office of Federal Contract Compliance Programs, and the independent contractor rule.

RIP, Harrison Tyler. Harrison Ruffin Tyler died on May 25, 2025, at the age of ninety-six. A chemical engineer and historical preservationist, Tyler was, quite amazingly, the grandson of our tenth president, John Tyler, who served as our chief executive from 1841–1845. How could someone who passed away this week have a grandfather born in 1790, just one year after ratification of the U.S. Constitution? Well, it helps that John Tyler fathered more children—fifteen—than any other president. It also helps that one of those children—Lyon Gardiner Tyler—was born to John Tyler’s second wife (Julia Gardiner Tyler) in 1853, when the former president was sixty-three years old. Like his father, Lyon Gardiner also married twice, and his second wife, Sue Ruffin, was thirty-five years his junior. Ruffin gave birth to Harrison Ruffin Tyler in 1928, when Lyon Tyler was seventy-five years old.

Quick Hits

• The number of eligible H-1B registrations decreased by 26.9 percent from 470,342 in FY 2025 to 343,981.
• The number of unique beneficiaries significantly decreased from 423,038 in FY 2025 to 336,153.
• The average registration per beneficiary slightly decreased from 1.06 in FY 2025 to 1.01, indicating an average of one submitted registration per beneficiary.
• An increase in the selection rate from approximately 29 percent in FY 2025 to approximately 35 percent.

Source: U.S. Citizenship and Immigration Services

A closer look at USCIS’s recently published FY 2026 H-1B cap registration data shows that USCIS selected 120,141 registrations out of 336,153 eligible registrations for beneficiaries with no other eligible registrations. This resulted in a selection rate of approximately 35 percent.

Since the approximate 24.8 percent selection rate in FY 2024, the selection rate has been trending upward, reaching approximately 29 percent in FY 2025 and approximately 35 percent in FY 2026, reflecting roughly a 5 percent increase each year.

Since its initiation in 2024, USCIS has continued to use the beneficiary-centric system, which aims to ensure integrity in the H-B registration system and reduce fraud by focusing on each unique beneficiary as opposed to each registration. To further ensure fairness, USCIS is reviewing the FY 2025 and FY 2026 data to identify fraud. The agency will deny or revoke petitions where there is a finding of any attempt to gain an unfair advantage and will make referrals to law enforcement for criminal prosecution where appropriate.

Next Steps

For selected registrants, the H-1B petition filing period is from April 1 to June 30, 2025. If USCIS does not receive enough H-1B petitions during the filing period to meet the H-1B annual limit, it may conduct a second lottery. USCIS has not yet announced whether there will be additional selection rounds for FY 2026.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.

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Quick Hits

• On May 27, 2025, Secretary of State Marco Rubio ordered a pause on scheduling new visa interview appointments for foreign national students and exchange visitors applying for F, J, and M visas, in anticipation of new social media vetting procedures.
• This move aligns with President Trump’s broader immigration policy focused on enhancing vetting processes and addressing alleged anti-semitic activities.
• The duration of the pause and the specifics of the new vetting measures remain unclear, potentially causing significant delays for student visa processing as the new academic year approaches.

Background

Since his inauguration, President Trump has concentrated a significant portion of his immigration policy on enhancing the vetting process for benefit applicants and targeting individuals the administration considers involved in antisemitic activities.

On his first day in office, President Trump signed an executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This order directed relevant federal agencies to enhance the vetting and screening processes for immigration benefit applicants. On January 29, 2025, President Trump issued another executive order titled “Additional Measures to Combat Anti-Semitism,” which broadly instructed federal agencies to take steps to address activities the president considers antisemitic.

In the following months, the U.S. Department of Homeland Security (DHS) and the U.S. Department of State took high-profile actions to implement these orders. These actions included the widespread revocation of Student and Exchange Visitor Information System (SEVIS) records for student visa holders accused of participating in campus protests against the ongoing conflict in Gaza, the arrest and detention of student visa holders accused of alleged anti-semitic activities, and increased screening of social media for alleged anti-semitism. The administration has also focused on specific universities that have resisted complying with its demands related to these issues.

Key Takeaways

This scheduling pause in new student visa appointments appears to be in line with ongoing federal efforts to increase vetting of all visa applicants, with a particular focus on social media activity. Media outlets are indicating that this pause was put in place in preparation for new social media screening requirements anticipated to be announced shortly.

While the length of the pause and the new screening measures remain unknown, this announcement may lead to significant delays in visa processing times for foreign national students. This is particularly true as the summer months progress and incoming international students vie for limited appointments ahead of the new academic year in the fall. Visa applicants can expect increased wait times for visa appointments, even after the current pause is lifted.

Ogletree Deakins’ Immigration Practice Group will monitor developments with respect to these and other policy changes and will post updates on the Immigration and Higher Education blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

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Quick Hits

• The president’s FY 2026 budget proposes a $4.6 billion (nearly 35 percent) reduction in DOL funding, consolidation of workforce programs, and elimination of the Job Corps.
• Secretary of Labor Chavez-DeRemer testified before a Senate subcommittee that “essential workers through OSHA, MSHA, and the Wage and Hour Division” are exempt from the deferred resignation program.
• The secretary outlined a worker-centric agenda focused on job creation, workforce development, and regulatory reform.

Proposed Budget Reductions and Program Consolidation

One of the most pressing issues addressed in Secretary Chavez-DeRemer’s testimony was the reduction in forces at the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), and the Wage and Hour Division (WHD). The secretary testified that the “essential workers” at those agencies are exempt from the deferred resignation program. While exempted from the mandatory elements of the deferred resignation program, given the number of resignations from these and other DOL agencies, it appears agency employees are free to take advantage of the program.

The administration’s budget request seeks to reduce DOL funding by $4.6 billion, representing a nearly 35 percent decrease. Central to the proposal is the creation of the “Make America Skilled Again” block grant, which would consolidate multiple federal workforce training programs into a single funding stream, granting states increased flexibility in program administration. The secretary argued that this approach would reduce regulatory burdens and allow states to tailor training to local labor market needs.

Senators expressed skepticism regarding the efficacy of this consolidation, noting that the block grant would cut workforce development funding by approximately half and could undermine bipartisan programs established by the U.S. Congress. Senators raised concerns that such reductions would limit opportunities for workers to access training for high-demand jobs, particularly in key industries such as coal mining, healthcare, and manufacturing.

Regulatory Reform and Worker Protections

Secretary Chavez-DeRemer emphasized efforts to reduce regulatory burdens on businesses, including the rollback of the previous administration’s independent contractor rule, which she characterized as restrictive for freelancers and gig workers. At the same time, she affirmed the importance of maintaining essential safety regulations, particularly for high-risk sectors such as mining. Senators raised concerns about the potential closure of MSHA offices and the impact on miner safety, with the secretary committing to ongoing review and collaboration with relevant agencies.

Multiple senators criticized the administration for a lack of transparency in the budget process, citing limited information provided to Congress and delays in responding to requests for data on workforce reductions and program changes. Secretary Chavez-DeRemer pledged to improve communication and provide periodic updates on program implementation and staffing changes, including the impact of the deferred resignation program and reductions in force across DOL agencies.

The hearing also addressed the significant downsizing of the Office of Federal Contract Compliance Programs (OFCCP), responsible for enforcing nondiscrimination requirements among federal contractors. Senators questioned the legality and implications of reducing OFCCP staff by 90 percent and closing regional offices, particularly in light of ongoing investigations into alleged workplace discrimination. The secretary declined to comment on specific cases due to pending litigation but asserted that nondiscrimination laws continue to be fully enforced.

Senators and the secretary discussed the persistent challenge of low labor force participation rates, particularly in rural and high-poverty states. Childcare affordability and accessibility were identified as major barriers to workforce entry, with bipartisan interest in legislative solutions to support working parents and increase labor participation.

Worker-Centric Approach and Regional Engagement

Secretary Chavez-DeRemer described a nationwide “America at Work” listening tour, aimed at gathering feedback from workers, employers, and community leaders. This initiative is designed to ensure that federal labor policies are informed by regional workforce needs and real-world experiences. The secretary reported that the DOL is prioritizing policies that equip employers and communities with the tools necessary to recruit and retain talent, while also ensuring that workers’ voices are reflected in federal decision-making.

Secretary Chavez-DeRemer said more than 464,000 jobs have been created since January 2025, with notable gains in manufacturing and construction. The secretary attributed this growth to an “America First” strategy, which includes over $8 trillion in private investment and a focus on reducing waste, fraud, and abuse in federal spending. She highlighted efforts to return $4.4 billion in unspent COVID-19 funds to the U.S. Department of the Treasury and the cancellation of over $250 million in certain federal grants as examples of fiscal stewardship. According to the secretary, “the Department of Labor is eliminating unnecessary red tape that stifles innovation.”

A central theme of the testimony was the expansion of registered apprenticeships and skilled trades pipelines. The DOL is collaborating with the U.S. Departments of Commerce and Education to modernize workforce programs and align training with labor market demands. Since January 2025, nearly 83,000 new apprentices and over 900 new apprenticeship programs have been registered.

Secretary Chavez-DeRemer also underscored the importance of early exposure to technical education and the integration of apprenticeships oriented to artificial intelligence (AI). As part of the White House Task Force on Artificial Intelligence Education, the DOL is working to promote AI literacy and proficiency, leveraging financial incentives and partnerships to prepare the workforce for technological change.

The DOL’s current agenda is characterized by a focus on efficiency, accountability, and preparing American workers for the future economy, Secretary Chavez-DeRemer told the subcommittee. She reaffirmed a commitment to safe workplaces, good pay, and secure retirements, and expressed readiness to work with Congress to advance these goals.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the Workplace Safety and Health blog as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

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Under President Trump’s leadership, the U.S. State Department will work with the Department of Homeland Security to aggressively revoke visas for Chinese students, including those with connections to the Chinese Communist Party or studying in critical fields. We will also revise visa criteria to enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong.

As a result of this U.S. Department of State statement, businesses may want to start preparing for potential disruptions to work authorization for Chinese national students and significant delays in new student visa processing, particularly for individuals working in critical and emerging fields.

Ogletree Deakins’ Immigration Practice Group will monitor developments with respect to these and other policy changes and will provide updates on the Immigration blog as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

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Quick Hits

• New Jersey’s new pay transparency law takes effect on June 1, 2025.
• The law will require employers to provide salary or wage information or a salary range in job postings and to make reasonable efforts to inform existing employees of promotional opportunities in their departments.

Specifically, Senate Bill 2310 (S2310) will require employers to provide the “hourly wage or salary, or a range of the hourly wage or salary” in postings for new jobs or transfer opportunities. Employers will also be required to make “reasonable efforts” to “announce, post, or otherwise make known” any promotion opportunity advertised either internally or externally to all employees in “affected department[s].” Promotions are defined as positions where there is a “change in job title and an increase in compensation.”

Covered employers that fail to comply with the new pay transparency requirements may face civil penalties of $300 for a first violation and $600 for each subsequent violation. While each violation will be considered a “separate violation,” S2310 makes clear that an employer may only be fined once for each noncompliant posting, even if that posting is distributed on multiple platforms.

Next Steps

The New Jersey law comes as a growing list of states and jurisdictions have enacted new pay transparency laws across the United States. If they have not already, covered employers may want to review their job postings and procedures for publishing job openings.

More information on S2310 is available here. Additionally, the New Jersey Department of Labor and Workforce Development (NJDOL) has published additional guidance on complying with the law on its website here.

Ogletree Deakins’ Morristown office will continue to monitor developments and will provide updates on the New Jersey and Pay Equity blogs as additional information becomes available.

The Ogletree Deakins Client Portal provides additional guidance on pay transparency and job posting laws across the United States, with specific updates on pay transparency in New Jersey, including the local Jersey City pay transparency law, as well as other new pay transparency laws.

For more information on this topic, please join us for our upcoming Pay Equity 2025 webinar series. The first webinar, “Part 1: Strategies for Compliance in a Changing Landscape,” will be held on Thursday, June 5, from 2:00 p.m. to 3:00 p.m. EDT, and will feature Matthew Gagnon and Morgan Pike Epperson. Register here for Part 1. The second webinar, “Part 2: Practical Insights Into Pay Audit Processes,” will be presented by Daniella McGuigan and Emily Halliday on Wednesday, June 25, from 1:00 p.m. to 2:00 p.m. EDT. Register here for Part 2.

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Quick Hits

• Minnesota’s regular legislative session adjourned on May 19, 2025, but a special session is expected to convene soon to complete remaining budgetary matters.
• Governor Walz signed the Brady Aune and Joseph Anderson Safety Act, imposing new requirements on employers with commercial scuba divers.
• The legislature amended Minnesota’s medical cannabis law, among other laws, which creates new obligations for employers.
• Other significant proposed bills aimed at amending existing labor and employment laws failed to make it to Governor Walz’s desk for approval.

Brady Aune and Joseph Anderson Safety Act

A new statute, Minn. Stat. § 182.679, titled the “Brady Aune and Joseph Anderson Safety Act,” applies to “persons who are conducting self-contained underwater breathing apparatus (scuba) diving at a place of employment while making improvements to the land, including the removal of aquatic plants” took effect May 2, 2025. Under this new statute, which is included in the Minnesota Occupational Safety and Health Act (Minn. Stat. § 182), employers:

• may not allow an individual to scuba dive unless the individual has an acceptable open-water scuba diver certificate;
• must require certain equipment when an individual is scuba diving;
• must ensure that a standby diver is available while a diver is in the water; and
• must ensure all individuals scuba diving or serving as standby divers are trained in CPR and first aid.

An employer may be cited by the commissioner of labor and industry for violations under this statute.

Amendments to Minnesota’s Medical Cannabis Law

Minnesota’s medical cannabis law (Minn. Stat. § 342.57) went into effect on March 1, 2025, and prohibits employers from discriminating against a person in hiring, termination of employment, or any term or condition of employment if the discrimination was based on the person’s enrollment in a cannabis registry program. It also prohibits employers from taking adverse action against an employee for a positive drug test for cannabis components or metabolites, unless the employee used, possessed, sold, transported, or was impaired by medical cannabis flower or a medical cannabinoid product on work premises, during working hours, or while using an employer’s vehicle, equipment, or machinery. These protections apply unless compliance would violate federal or state laws or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations.

Senate File (SF) 2370 / House File (HF) 1615 amended Minnesota’s medical cannabis law in several ways, including:

• expanding the protection of this bill to cover employees who are enrolled in a Tribal medical cannabis program. Thus, an employer may not take any adverse action against an employee based on the employee’s enrollment in this type of program;
• requiring an employer to notify employees at least fourteen days before the employer takes an adverse employment action due to the specific federal law or regulation the employer believes would be violated if it does not take the action and the monetary or licensing-related benefit the employer would lose if it does not take the action;
• prohibiting employers from retaliating against an employee for asserting the employee’s rights or seeking remedies under the Minn. Stat. §§ 342.57 or 152.32;
• increasing the civil penalty for violating Minn. Stat. §§ 342.57, subds. 3, 4, or 5 from $100 to $1,000.
• giving employees the option to seek injunctive relief to prevent or end a violation of Minn. Stat. §§ 342.57, subds. 3 to 6a.

Governor Walz signed the bill on May 23, 2025, and it took effect the following day.

Amendments to Wage Theft and Whistleblower Laws

On May 23, 2025, Governor Walz also signed bills that amended Minnesota’s wage theft and whistleblower statutes.

Wage Theft: SF 1417 / HF 2432 amends Minn. Stat. § 388.23 to give the county attorney (or deputy attorney if authorized by the county attorney in writing) the authority to subpoena and require the production of records of an employer or business entity that is the subject of or has information related to a wage theft investigation, including: accounting and financial records (such as books, registers, payrolls, banking records, credit card records, securities records, and records of money transfers); records required to be kept pursuant to section 177.30, paragraph (a); and other records that relate to the wages or other income paid, hours worked, and other conditions of employment or of work performed by independent contractors, and records of any payments to contractors, and records of workers’ compensation insurance.

SF 1417 / HF 2432 will go into effect on August 1, 2025.

Whistleblowers: SF 3045 / HF 2783: Amends Minn. Stat. § 181.931 (Minnesota’s whistleblower law) to add definitions of “fraud,” “misuse,” and “personal gain”:

• “Fraud” means an intentional or deceptive act, or failure to act, to gain an unlawful benefit.
• “Misuse” means the improper use of authority or position for personal gain or to cause harm to others, including the improper use of public resources or programs contrary to their intended purpose.
• “Personal gain” means a benefit to a person; a person’s spouse, parent, child, or other legal dependent; or an in-law of the person or the person’s child.

SF 3045 / HF 2783 will go into effect on July 1, 2025.

Looking Ahead

Several omnibus bills include provisions that, if enacted, would amend Minnesota’s meal and rest break law, add employer unemployment insurance fraud penalties, make “political activity” a new protected characteristic under the Minnesota Human Rights Act, revise Minnesota Paid Family and Medical Leave and Earned Sick and Safe Time laws, and create valid circumstances for noncompete agreements. However, when the regular session ended, these bills were stranded in the legislative pipeline, awaiting potential revival in the special session.

The legislature has until July 1, 2025, to enact the rest of its budget to avoid a government shutdown, and Governor Walz is expected to call the special session soon after Memorial Day. With a track record of embedding labor and employment laws into lengthy budget bills, employers may want to prepare for any developments from the special session.

Ogletree Deakins’ Minneapolis office will continue to track developments after the special session adjourns and will publish updates on the Minnesota blog as more information becomes available.

The Ogletree Deakins Client Portal will track pending legislation in Minnesota and send alerts to all active users about updates to laws concerning meal and rest breaks, medical marijuana, protected characteristics, family and medical leave, and paid sick leave, along with any other covered employment laws that may change in the upcoming weeks.

Bruce J. Douglas is a shareholder in the Minneapolis office of Ogletree Deakins.

Samantha C. Bragg is an associate in the Minneapolis office of Ogletree Deakins.

Anna J. Erickson is a law student currently participating in the summer associate program in the Minneapolis office of Ogletree Deakins.

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The Law and Recent Amendments

The New York Retail Worker Safety Act was first proposed in January 2024, and quickly garnered support in the state legislature. The original version of the act was signed into law by Governor Hochul on September 5, 2024, with an effective date set for March 4, 2025. However, an approval memo from the governor indicated that amendments were forthcoming. These amendments were proposed and signed into law on February 14, 2025, pushing the effective date to June 2, 2025.

Which Employers are Covered Under the Act?

The act applies to all employers with at least ten retail employees. The act defines a “retail employee” as an employee working at a “retail store” for an employer. A “retail store” is any store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.

What is “Retail”?

While the basic concept of which employers are covered under the act seems straightforward, a primary concern for employers is determining whether their businesses qualify as “a store that sells consumer commodities at retail” and thereby falls under the law’s definition of a “retail store.” While there is no official guidance to help employers with this question, they can turn to other sources for insight. Employers can refer to their North American Industry Classification System (NAICS) code, where retail trade employers are classified with numbers beginning with 44 or 45. Employers can also look to the dictionary definitions of “commodity” and “retail.” A “commodity” is generally defined as a substance or product that can be traded, bought, or sold. “Retail” is generally defined as the activity of selling goods to the public, usually in small amounts, for their own use. Therefore, if an employer sells a tangible product to the general public as an end user, that employer may be covered under the act. Contrast this to another employer that sells a service or something nonphysical, or that sells products in larger amounts to other businesses or entities for resale.   

Prevention Program Requirements

The new law requires employers to develop a written workplace violence prevention program that identifies factors and situations that place retail employees at risk. While much of this is left for the individual employer to determine, the law does provide some examples, including working late hours, exchanging money with the public, working alone, and having uncontrolled access to the workplace. According to the law, a workplace violence program must include prevention methods, a reporting system for incidents, information on resources for victims of workplace violence, and anti-retaliation language.

Training Requirements

The new law requires also employers to implement an interactive training program for their retail employees. According to the law, retailers must train their retail employees upon hire and annually thereafter, while retailers with fewer than 50 retail employees must train their employees once every two years. These trainings must cover various topics including protection from customer/coworker workplace violence, de-escalation tactics, active shooter drills, and emergency procedures. The trainings must also communicate a site-specific list of emergency exits and meeting places.

Silent Response Buttons

When first signed into law, the act required employers to implement panic buttons with which employees could directly and immediately contact law enforcement contact. However, the February 2025 amendment to the law changed this requirement, to replace the panic button requirement with a silent response button requirement. These buttons notify internal staff and quickly request assistance from on-site security officers, managers, or supervisors instead of off-site law enforcement. The goal with this change was to prevent overwhelming law enforcement with false alarms and ensure a more controlled response to potential incidents.

Notice Requirements

The new law requires employers to provide retail employees with a notice about the company’s workplace violence prevention program and information about training requirements. The law requires that this be in English and the employee’s primary language, if it is one of the twelve most common non-English languages spoken in New York State. If the primary language is not among these, the notice can be provided in English.

Next Steps

The New York Retail Worker Safety Act is intended to be a significant step toward ensuring the safety of retail employees. The new law and its amendments include several requirements on employers, including implementing a prevention program, a comprehensive training program, and silent response buttons. As the effective date approaches, retailers may want to be proactive and prepare to comply with the act’s provisions in advance of its June 2, 2025, effective date.

Stefan Borovina and Karen F. Tynan discuss the complexities of compliance with the new law on our recent podcast episode, “The New York Retail Worker Safety Act: Key Insights for Employers.”

Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments and provide updates on the New York, Retail, and Workplace Violence Prevention blogs as additional information becomes available.

The Ogletree Deakins Client Portal includes a workplace violence prevention law summary that covers the changing requirements nationwide, including the New York workplace violence prevention law. Advanced and Premium subscribers can download a New York retail violence prevention toolkit as part of their subscription to aid them with compliance.

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