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… as loans, it provides a clear framework for providers to continue operating in Maryland without — in most cases — dramatic changes. HB 1294 requires EWA providers to set the default tip option at zero and abide by a fee cap: $5 for proceeds equal to or less than $75 and $7.50 for proceeds greater than $75. On or before July 1 each year beginning in 2026, EWA providers must submit a report to the …

… Preventing these collaborations has been described as unrealistic for many large companies and organizations that have incorporated AI into their business processes and workflows. Such strict regulation of AI may also contradict the Trump administration’s stated aim of relaxing AI regulation At the Artificial Intelligence Action Summit in France held earlier this year, Vice President JD Vance expressed similar sentiments, stating that he believed excessive regulation in the AI space could “kill a …

… date listed on the EAD pursuant to USCIS guidance, as they would in the normal course of business. What happens next? The government has indicated an intent to appeal Judge Talwani’s order. Should the government not appeal, or if the appeal is denied, the case will continue through litigation where the court will decide the underlying claims. Practically, as there is no re-parole available through the CHNV program, as previously announced by …

Beginning July 1, 2025, Virginia will prohibit noncompete agreements for all employees eligible for overtime pay. The new law builds on previous prohibitions for “low-wage employees” in the Commonwealth. As McGuireWoods previously reported, Virginia already prohibits noncompetes for most “low-wage employees,” defined as those who earn less than the average weekly wage in the Commonwealth. The 2025 average weekly wage is $1,463.10, or about $76,000 per year. This represents an …

… work,” as of April 3, 2025. Thus, if an employer uses one of the two Aug. 1, 2023, editions of Form I-9 and an employee attests on the form that they are “A noncitizen authorized to work,” the employer should select “An alien authorized to work” in E-Verify. For questions about how to ensure compliance with work authorization and Form I-9 requirements, or any other immigration-related questions, contact the authors …

… student-athletes are employees of their universities, a legal issue that is currently under consideration in the courts. Before approval of the settlement can be finalized, the Court is required to hold a fairness hearing at which class members may object to portions of the settlement, pre-filed objections will be considered, and additional arguments by class counsel may be raised. The ultimate inquiry for Judge Wilken at the April 7th hearing will be …

… employee’s work authorization — individuals who have Employment Authorization Documents (EADs) in the (c)(11) category. Parole-based employment authorization automatically terminates upon: The expiration date listed on the EAD DHS’s institution of removal proceedings against the alien, or A grant of voluntary departure While employment authorization will not automatically expire at the time the parole terminates on April 24, DHS stated that it will utilize the procedures in 8 C.F.R …

… ill-fitting regulatory regimes. The bill was supported by industry groups such as the American Fintech Council and is expected to be well received by EWA providers. Like Utah’s H.B. 279, the new Arkansas law represents a clear departure from EWA’s treatment in states such as Connecticut, where regulators have subjected most EWA products to the state’s small loan law. McGuireWoods’ financial services and securities enforcement team counsels EWA clients …

… discriminatory preferences of clients, customers, or coworkers are just as unlawful as decisions based on an employer’s own discriminatory preferences.” DEI training, asserting, “Depending on the facts, an employee may be able to plausibly allege or prove that a diversity or other DEI-related training created a hostile work environment by pleading or showing that the training was discriminatory in content, application, or context.” Diversity business justifications overall, stating, “No general business interests …

… her concurring opinion, noting, “My vote should not be understood as agreement with the orders’ attack on efforts to promote diversity, equity, and inclusion.” By contrast, Circuit Judge Allison Jones Rushing noted in her separate concurring opinion that: We must not lose sight of the boundaries of our constitutional role and the imperative of judicial impartiality. Any individual judge’s view on whether certain Executive action is good policy is not only irrelevant to …

… conspicuously” marked as voluntary. The bill exempts registered providers from Title 7 (Financial Institutions Act) and Title 12 (Collections Agencies), payroll providers that verify time and attendance but do not fund the wage advances, and employers who directly advance earned funds to their employees. Finally, the bill states that EWA providers do not violate state law governing deductions from payroll, are not offering a loan or credit, and are not money transmitters. This bill …

… institutions, already require compliance with applicable federal anti-discrimination laws as a term and condition of receiving federal funds. The Department of Justice may accordingly assert that such pre-existing certifications were not made as a result of the enjoined provision of EOs 14151 and 14173. McGuireWoods continues to monitor the rapidly evolving legal and regulatory landscape in the early months of the new administration. For questions about these executive orders or any related …

In a speech to the Federal Bar Association’s annual qui tam conference on Feb. 20, 2025, Michael Granston, Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice, discussed how the Trump administration plans to “aggressively” enforce the False Claims Act (FCA). His statements come on top of other comments from Trump administration officials stating that DEI, domestic sourcing/industry, pandemic relief and cost-related considerations will be …

… agencies and how quickly that influence will be felt. As noted, appointees’ for-cause removal protection currently provides some counterbalance to these measures designed to increase accountability to (and adherence to the positions of) the President and DOJ. But there are multiple cases pending that could bring Humphrey’s Executor back before the Supreme Court. On Feb. 16, the Administration filed a stay application in Bessent v. Dellinger, arising from the firing of the …

… there already has been an increase in workplace raids by U.S. Immigration and Customs Enforcement, which is housed within DHS. There likely will be a substantial increase in Form I-9 audits — a process by which DHS agents could easily gather information about the composition of an employer’s workforce, including employee national origin and immigration status. Employers should be cognizant that information obtained during these types of immigration-related enforcement actions may …

… authority under the General Duty Clause of the Occupational Safety and Health Act. In addition, the agency has a new tool to target employers with high injury and illness rates or are not in compliance with the recently revised Recordkeeping Rule. Here are a few best practices to consider as employers prepare for success in this time of transition: Submit injury and illness data from Forms OSHA 300, 300A and 301 if required by …

… space and electricity for powering data servers, computers and storage. Trump has not addressed EO 14141 so far. However, the Jan. 20 executive order states: “To commence the policies that will make our Nation united, fair, safe, and prosperous again, it is the policy of the United States to restore common sense to the Federal Government and unleash the potential of the American citizen. The revocations within this order will be the first of …

… workplace raid; or other immigration-related questions, contact the authors or other members of the McGuireWoods labor and employment or immigration teams.

… publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.” Further, new Acting Chair of EEOC Andrea R. Lucas noted in an EEOC press release issued on Jan. 21, 2025: “I look forward to restoring evenhanded enforcement of employment civil rights laws for all Americans. In recent years …

… McGuireWoods labor and employment or immigration teams.

… now gives Illinois employers a foothold to argue that the amendment mitigates BIPA exposure regardless of when alleged BIPA violations occurred. For assistance with BIPA issues, or for more information on this topic, please contact the authors, your McGuireWoods contact or a member of the firm’s labor and employment team.

… review, (d) currently pending scheduling for review from a prior scheduling list, or (e) subject to an active separate facilities waiver. OFCCP next used the following criteria to finalize the scheduling list, selecting: Establishments and CMCEs with the highest employee count within each district office’s jurisdiction for review (with no more than 10 establishments of any parent company); 10 CMCE reviews per OFCCP region “that did not have more than 10 establishments per …

… subject to new laws should audit whether and how their employees are using AI tools — with or without company approval. Employers using third-party AI systems should ensure that their vendors are complying with new laws, as applicable, and assess whether the employer could still be considered a “developer.” Employers should assess their practices, policies and trainings to ensure they are compliant with new laws and closely monitor any amendments or official guidance regarding …

… institutions to provide to student-employees during onboarding. The template would allow institutions covered by FERPA to disclose to a union, consistent with FERPA, any employment-related records of a student deemed relevant and reasonably necessary to the representation process. The consent template is worded to allow the union to redisclose that information to third parties. If an institution decides against using the template, the institution and student-employee may still separately bargain over …