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Unprecedented Termination of EEOC Commissioners

We express our deep concerns regarding the recent firings of EEOC Commissioners Jocelyn Samuels and Charlotte Burrows, along with NLRB Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. These dismissals raise significant alarms about the commitment to protecting workers’ rights and upholding fair labor practices in our country. 

The work of these individuals has been crucial in advancing equality and justice within the workplace, and their departure not only disrupts ongoing initiatives but also sends a troubling signal about the prioritization of worker protections. We believe it is essential to foster an environment in which advocates for fairness and equity can continue to serve without fear of retaliation or dismissal.

We urge all stakeholders to reflect on the implications of these actions and to advocate for a governance structure that promotes fairness, transparency, and the unwavering protection of workers’ rights. The strength of our labor and civil rights frameworks relies on dedicated leaders who are committed to these critical causes. 

We stand in solidarity with those who strive for equity and justice in the workplace and call for accountability and a recommitment to worker rights at all levels of government.

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À propos de l'équité sur le lieu de travail

Workplace Fairness est une organisation à but non lucratif qui s'efforce de préserver et de promouvoir les droits des salariés.
Nous pensons que le traitement équitable des travailleurs est une politique publique saine et une bonne pratique commerciale, et que le libre accès à des informations complètes et impartiales sur les droits des travailleurs - sans jargon juridique - est un ingrédient essentiel de tout lieu de travail équitable. C'est pourquoi Workplace Fairness crée et maintient le guichet unique en ligne le plus complet pour des informations gratuites sur les droits des travailleurs.

Des millions de travailleurs dans les 50 États américains s'appuient sur Workplace Fairness pour obtenir des informations sur leurs droits au travail.
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Latest News & Updates

What Employers Need to Know: No Tax on Tips & Overtime (2025–2028)

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), bringing two landmark provisions into law—both effective retroactively for the 2025 tax year and expiring December 31, 2028: 1. ✅ No Tax on Tips (Cash/Charged) Up to $25,000 in tips per employee can now be deducted above the line, reducing taxable income Phase‑out begins at $150,000 AGI (single) / $300,000 (joint)—losing $100 of deduction per $1K over threshold . Only “qualified tips” apply: voluntary, non-negotiated, paid by the patron and customary before 2025—employer-mandated service charges don’t count Both cash and charged tips are included, but “non-cash” gratuities like gift baskets aren’t eligible Employer responsibilities: Report total tip income and employee occupation on Forms W‑2 and 1099 Update payroll/reporting systems to track qualified tips separately. Be mindful of existing tip-pooling and minimum-wage regulations—consult legal counsel before adjusting structures 2. ⏱️ No Tax on Overtime Premiums A deduction of up to $12,500 (single) or $25,000 (joint) on the overtime “premium” (i.e., the additional half-time portion) is now available—again, above the line Same AGI phase-out thresholds as tips apply Does not include Social Security or Medicare tax relief—only federal income tax Employer responsibilities: Break out qualified overtime compensation separately on employees’ W‑2s and 1099s . Maintain clear records of hours and pay rates to avoid misclassification (e.g., reducing base rate to produce premiums artificially) . Adjust payroll systems and W‑2 processes for compliance. 3. 👷 What This Means for Employers ✅ Pros: Highly visible way to boost take-home pay for tipped and overtime-eligible workers. Can enhance retention and morale in service-intensive and hourly-heavy sectors. ⚠️ Challenges: Payroll & reporting upgrades: Tools must flag, calculate, and output separate tip and overtime premium amounts. Administrative complexity: Employers must define “qualified” tips/overtime and monitor AGI thresholds. Legal compliance risk: Any misuse—like reclassifying salary as overtime—may trigger FLSA or IRS audits State/local inconsistencies: Overtime rules vary across jurisdictions—federal deduction won’t override state obligations 4. 🔄 Air on the Side of Due Diligence As these deductions will reshuffle taxable income reporting and payroll processes, it’s critical for employers to: Consult tax advisors and legal counsel to navigate definitions and compliance. Audit payroll systems now to ensure proper tracking and separate reporting by January 2026. Train payroll and HR staff on the new line-item requirements in W‑2s/1099s. Communicate with employees clearly about what qualifies and how deductions affect their withholding and take-home pay. Bottom Line The “no tax on tips and overtime” policies offer meaningful tax relief to many service and hourly workers. But employers shoulder the bulk of the implementation burden—payroll updates, compliance, training, and policy adjustments. Done right, this could translate to a powerful retention tool. Done sloppily, it could lead to compliance headaches. Related posts: McConnell blasts labor nominee Perez as a ‘crusading ideologue’ Say What You Will About France… Class Action Fairness Bill Defeated in Senate: Victory for Workers Unions Create Associate Membership Programs to Help Maintain Their Strength

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Mental Health at Work: What Employees Should Expect and How to Advocate for Support in 2025

In recent years, mental health has finally taken its rightful place in conversations about workplace wellness. In 2025, that conversation is becoming action—through policies, benefits, and even legal shifts that prioritize psychological well-being. But what does this mean for you as an employee? What should you expect from your employer, and how can you make the most of the support systems available? What You Should Expect from Your Employer Employers are increasingly recognizing that mental health is just as important as physical health. You should expect your workplace to: Offer Mental Health Benefits: This could include Employee Assistance Programs (EAPs), insurance-covered therapy, mental health days, or access to mental wellness apps. Foster a Supportive Culture: Leadership should encourage open discussions around mental health and actively work to reduce stigma. Train Managers on Mental Health Awareness: Supervisors should be trained to recognize signs of distress and know how to guide employees toward appropriate resources. Support Work-Life Balance: Flexible schedules, reasonable workloads, and remote or hybrid work options are increasingly part of mental wellness strategies. If your employer is lacking in these areas, it may be time to ask for improvements or look for opportunities elsewhere that value holistic well-being. 2025 Trends in Law and Policy A few key trends and legal shifts in 2025 are shaping the mental health landscape for workers: Expanded Legal Protections: More states are introducing laws that require employers to provide reasonable accommodations for mental health conditions under the Americans with Disabilities Act (ADA). Mandatory Mental Health Days: Several states and localities have implemented regulations mandating paid mental health days separate from sick leave. Transparency Requirements: Companies with over a certain number of employees may soon be required to publicly disclose wellness initiatives and the mental health benefits they offer. Focus on DEI & Mental Health: Mental health programs are increasingly being tailored to reflect the diverse needs of workers from different backgrounds, with attention to trauma-informed care, cultural competence, and language access. Stay informed about your rights by reviewing updates from your state labor department or trusted workplace advocacy groups. How to Make the Most of Mental Health Services Even when resources are available, many employees don’t use them—often out of fear, stigma, or confusion. Here’s how to change that: Know What’s Offered: Request a benefits summary from HR or review your employee handbook to understand what’s available. Use EAP Services: These often include free, confidential counseling sessions for you and your family members. Take Mental Health Days: Use them before you’re overwhelmed, not after. Prioritizing your mental health proactively can prevent burnout. Be Honest with Supervisors (If Safe to Do So): If you’re struggling, consider speaking with a manager or HR about adjustments that could help, such as modified deadlines or work-from-home days. Stay Connected: Isolation worsens mental health. Participate in employee resource groups or wellness initiatives where available. Empower Yourself and Others Taking care of your mental health is not a weakness—it’s a form of strength and self-respect. If you’re in a workplace that’s falling short, you can advocate for change. Start small: suggest a mindfulness workshop, ask for a mental health training, or share anonymous feedback with HR. You deserve to work in a place where your mental well-being is valued as much as your productivity. And in 2025, that’s not just a hope—it’s becoming a standard. If you or someone you know is in crisis, confidential support is available 24/7. Call or text 988 in the U.S. to reach the Suicide & Crisis Lifeline. Related posts: Say What? Now Active Nevada’s Labor Movement Comes Together to Support Each Other The Post Office Belongs to the Public. Let’s not Give it to Wall Street.

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Preventing Workplace Violence: What the Law Requires and What Employers and Employees Should Know

Workplace violence is a growing concern across industries, with incidents ranging from verbal threats and harassment to physical assaults. In response, lawmakers at both federal and state levels have implemented regulations to help protect workers and create safer work environments. Understanding the legal framework around workplace violence prevention—and what compliance looks like—is essential for both employers and employees. What Is Workplace Violence? The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace. Key Federal Legal Frameworks OSHA’s General Duty ClauseWhile there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence. Title VII of the Civil Rights ActHarassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws. Americans with Disabilities Act (ADA)Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace. State Laws and Requirements Several states have taken more specific steps: California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees. New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs. Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings. Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work. What Employers Should Do to Stay Compliant Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents. Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies. Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially. Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required. Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources. What Employees Should Know Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA. Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation. Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness. Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior. Final Thoughts Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces. Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws. Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

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Respect, Rights, and Recognition: Navigating Sexual Identity Pronouns in Today’s Workplace

In today’s evolving workplace, the use of sexual identity pronouns has become a focal point in discussions about inclusivity and respect. Recognizing and using an individual’s preferred pronouns—such as she/her, he/him, they/them, or others—is more than a matter of etiquette; it’s a fundamental aspect of acknowledging and validating personal identity. This practice fosters a sense of belonging and psychological safety, which can lead to increased employee engagement and productivity. Moreover, organizations that prioritize inclusive practices often see benefits in talent acquisition and retention, as they appeal to a broader and more diverse candidate pool. However, the integration of pronoun usage in professional settings has not been without challenges. Recent legislative actions have introduced complexities. For instance, President Trump’s executive order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” mandates that federal agencies recognize only male and female biological sexes, potentially influencing private employers to adopt similar stances . Additionally, a federal judge in Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing guidance intended to protect transgender employees from workplace harassment, asserting that Title VII does not mandate recognition of gender identity beyond biological sex . Such developments have led to a patchwork of policies and interpretations, creating uncertainty for employers striving to balance inclusivity with compliance. Despite these challenges, the benefits of embracing pronoun inclusivity in the workplace are substantial. Studies indicate that affirming a transgender person’s pronouns can help lower depression and raise self-esteem and well-being . Furthermore, organizations that actively support LGBTQ+ inclusivity often experience enhanced creativity, better decision-making, and improved financial performance . By fostering an environment where all employees feel seen and respected, companies not only uphold ethical standards but also position themselves for greater success in a diverse and dynamic marketplace. In conclusion, while the path to integrating sexual identity pronouns in the workplace may be fraught with legal and societal hurdles, the pursuit of inclusivity remains a worthwhile endeavor. Employers are encouraged to stay informed about evolving regulations, engage in open dialogues with their teams, and implement policies that reflect a commitment to diversity and respect for all individuals. Sources LinedIn AP New Yorker Culture AMP Related posts: From New York to the Arab Gulf, Challenging Global Capitalism to Build Worker Power Apple Store Workers Share Why They Want to ‘Work Different’ Court in Costco Discrimination Case to Employers: Don’t Fight Discrimination Poll: Ohio Voters are Likely to Penalize Politicians for Issue 2 support

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Portable Benefits for Independent Contractors: National and State Legislative Initiatives

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value. Benefits for Independent Contractors Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include: Health, Dental, and Vision Insurance: Subsidized or pooled coverage options that contractors can enroll in regardless of their hiring entity. Retirement Savings: Individual accounts with contributions from both workers and contracting parties, helping contractors plan for long-term financial security. Paid Time Off and Emergency Funds: Options to accrue paid leave and set aside resources for unexpected expenses, fostering greater financial resilience. These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy. Advantages for Companies Organizations that support portable benefits gain competitive advantages in today’s talent market: Attraction and Retention: Contractors are more likely to engage long-term with companies that contribute to their well-being and financial future. Reputation and Brand: Offering benefits signals a commitment to workforce development and social responsibility, bolstering employer brand. Productivity and Quality: Financial security and health coverage can reduce burnout and turnover, leading to higher-quality work and sustained productivity. Federal Initiatives At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits. State-Level Legislation Several states have already enacted or are considering laws to pilot or formalize portable benefits: Florida House Bill 1067 (Feb 2025): Establishes voluntary portable benefits accounts for independent contractors and sole proprietors. Both workers and hiring entities can make contributions, enabling access to health and retirement benefits without changing employment classification. Tennessee Voluntary Portable Benefit Plan Act (Apr 2025): Implements a statewide benefit pool serving over 1.5 million contractors. Participants receive portable health insurance and retirement plan options that remain with the individual, ensuring continuity across contracts. Alabama Portable Benefit and Incentives Law (2025): Authorizes the creation of portable benefit accounts and provides tax deductions to hiring parties that contribute on behalf of contractors, encouraging broader participation and employer support. Maryland Pilot Program (Apr–Jun 2025): In collaboration with DoorDash, Maryland’s pilot enables eligible Dashers earning at least $1,000 in a quarter to allocate contributions to health, dental, vision, retirement, emergency funds, and paid time off. This pilot tests program design and worker engagement ahead of potential statewide rollout. Conclusion The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need. Sources Independent Women’s Voice CitizenPortal Florida Senate JD Supra Tennessee House Republican Caucus Ogletree Stride Blog Kiley House Independent Women’s Forum   Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

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Organizing in the Age of AI: How Labor, Employers, and Workers Can Shape the Future Together

As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees. The Union Perspective: Safeguarding Fairness and Dignity For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process. Labor organizations are advocating for proactive measures, including: Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions. Pushing for policies that require human oversight of AI-driven employment decisions. Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy. By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity. The Employer Perspective: Balancing Efficiency with Responsibility From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity. However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach. Responsible employers are: Consulting with employee representatives early in the AI adoption process. Auditing algorithms for bias and making results transparent. Investing in employee development to ease transitions brought by automation. Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone. The Employee Perspective: Navigating Uncertainty and Opportunity For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data. Employees are increasingly aware of both the risks and possibilities. Many are asking: “How is this technology being used to evaluate me?” “Will I lose my job to a machine?” “What training do I need to stay relevant?” There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why. Moving Forward: A Shared Responsibility AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work. To build a just and inclusive AI-driven workplace: Unions must lead in negotiating guardrails and educating members. Employers must prioritize ethical adoption and collaboration. Employees must engage in shaping policies that affect their livelihoods. As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work. Related posts: Proposed Overtime Changes: Bad News for Workers Goal of True Equality Still Challenges Us All A Wisconsin Hog Farm Would Produce 9.4 Million Gallons of Manure a Year. Nearby Residents Live in Fear.

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What Employers Need to Know: No Tax on Tips & Overtime (2025–2028)

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), bringing two landmark provisions into law—both effective retroactively for the 2025 tax year and expiring December 31, 2028: 1. ✅ No Tax on Tips (Cash/Charged) Up to $25,000 in tips per employee can now be deducted above the line, reducing taxable income Phase‑out begins at $150,000 AGI (single) / $300,000 (joint)—losing $100 of deduction per $1K over threshold . Only “qualified tips” apply: voluntary, non-negotiated, paid by the patron and customary before 2025—employer-mandated service charges don’t count Both cash and charged tips are included, but “non-cash” gratuities like gift baskets aren’t eligible Employer responsibilities: Report total tip income and employee occupation on Forms W‑2 and 1099 Update payroll/reporting systems to track qualified tips separately. Be mindful of existing tip-pooling and minimum-wage regulations—consult legal counsel before adjusting structures 2. ⏱️ No Tax on Overtime Premiums A deduction of up to $12,500 (single) or $25,000 (joint) on the overtime “premium” (i.e., the additional half-time portion) is now available—again, above the line Same AGI phase-out thresholds as tips apply Does not include Social Security or Medicare tax relief—only federal income tax Employer responsibilities: Break out qualified overtime compensation separately on employees’ W‑2s and 1099s . Maintain clear records of hours and pay rates to avoid misclassification (e.g., reducing base rate to produce premiums artificially) . Adjust payroll systems and W‑2 processes for compliance. 3. 👷 What This Means for Employers ✅ Pros: Highly visible way to boost take-home pay for tipped and overtime-eligible workers. Can enhance retention and morale in service-intensive and hourly-heavy sectors. ⚠️ Challenges: Payroll & reporting upgrades: Tools must flag, calculate, and output separate tip and overtime premium amounts. Administrative complexity: Employers must define “qualified” tips/overtime and monitor AGI thresholds. Legal compliance risk: Any misuse—like reclassifying salary as overtime—may trigger FLSA or IRS audits State/local inconsistencies: Overtime rules vary across jurisdictions—federal deduction won’t override state obligations 4. 🔄 Air on the Side of Due Diligence As these deductions will reshuffle taxable income reporting and payroll processes, it’s critical for employers to: Consult tax advisors and legal counsel to navigate definitions and compliance. Audit payroll systems now to ensure proper tracking and separate reporting by January 2026. Train payroll and HR staff on the new line-item requirements in W‑2s/1099s. Communicate with employees clearly about what qualifies and how deductions affect their withholding and take-home pay. Bottom Line The “no tax on tips and overtime” policies offer meaningful tax relief to many service and hourly workers. But employers shoulder the bulk of the implementation burden—payroll updates, compliance, training, and policy adjustments. Done right, this could translate to a powerful retention tool. Done sloppily, it could lead to compliance headaches. Related posts: McConnell blasts labor nominee Perez as a ‘crusading ideologue’ Say What You Will About France… Class Action Fairness Bill Defeated in Senate: Victory for Workers Unions Create Associate Membership Programs to Help Maintain Their Strength

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Mental Health at Work: What Employees Should Expect and How to Advocate for Support in 2025

In recent years, mental health has finally taken its rightful place in conversations about workplace wellness. In 2025, that conversation is becoming action—through policies, benefits, and even legal shifts that prioritize psychological well-being. But what does this mean for you as an employee? What should you expect from your employer, and how can you make the most of the support systems available? What You Should Expect from Your Employer Employers are increasingly recognizing that mental health is just as important as physical health. You should expect your workplace to: Offer Mental Health Benefits: This could include Employee Assistance Programs (EAPs), insurance-covered therapy, mental health days, or access to mental wellness apps. Foster a Supportive Culture: Leadership should encourage open discussions around mental health and actively work to reduce stigma. Train Managers on Mental Health Awareness: Supervisors should be trained to recognize signs of distress and know how to guide employees toward appropriate resources. Support Work-Life Balance: Flexible schedules, reasonable workloads, and remote or hybrid work options are increasingly part of mental wellness strategies. If your employer is lacking in these areas, it may be time to ask for improvements or look for opportunities elsewhere that value holistic well-being. 2025 Trends in Law and Policy A few key trends and legal shifts in 2025 are shaping the mental health landscape for workers: Expanded Legal Protections: More states are introducing laws that require employers to provide reasonable accommodations for mental health conditions under the Americans with Disabilities Act (ADA). Mandatory Mental Health Days: Several states and localities have implemented regulations mandating paid mental health days separate from sick leave. Transparency Requirements: Companies with over a certain number of employees may soon be required to publicly disclose wellness initiatives and the mental health benefits they offer. Focus on DEI & Mental Health: Mental health programs are increasingly being tailored to reflect the diverse needs of workers from different backgrounds, with attention to trauma-informed care, cultural competence, and language access. Stay informed about your rights by reviewing updates from your state labor department or trusted workplace advocacy groups. How to Make the Most of Mental Health Services Even when resources are available, many employees don’t use them—often out of fear, stigma, or confusion. Here’s how to change that: Know What’s Offered: Request a benefits summary from HR or review your employee handbook to understand what’s available. Use EAP Services: These often include free, confidential counseling sessions for you and your family members. Take Mental Health Days: Use them before you’re overwhelmed, not after. Prioritizing your mental health proactively can prevent burnout. Be Honest with Supervisors (If Safe to Do So): If you’re struggling, consider speaking with a manager or HR about adjustments that could help, such as modified deadlines or work-from-home days. Stay Connected: Isolation worsens mental health. Participate in employee resource groups or wellness initiatives where available. Empower Yourself and Others Taking care of your mental health is not a weakness—it’s a form of strength and self-respect. If you’re in a workplace that’s falling short, you can advocate for change. Start small: suggest a mindfulness workshop, ask for a mental health training, or share anonymous feedback with HR. You deserve to work in a place where your mental well-being is valued as much as your productivity. And in 2025, that’s not just a hope—it’s becoming a standard. If you or someone you know is in crisis, confidential support is available 24/7. Call or text 988 in the U.S. to reach the Suicide & Crisis Lifeline. Related posts: Say What? Now Active Nevada’s Labor Movement Comes Together to Support Each Other The Post Office Belongs to the Public. Let’s not Give it to Wall Street.

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Preventing Workplace Violence: What the Law Requires and What Employers and Employees Should Know

Workplace violence is a growing concern across industries, with incidents ranging from verbal threats and harassment to physical assaults. In response, lawmakers at both federal and state levels have implemented regulations to help protect workers and create safer work environments. Understanding the legal framework around workplace violence prevention—and what compliance looks like—is essential for both employers and employees. What Is Workplace Violence? The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace. Key Federal Legal Frameworks OSHA’s General Duty ClauseWhile there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence. Title VII of the Civil Rights ActHarassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws. Americans with Disabilities Act (ADA)Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace. State Laws and Requirements Several states have taken more specific steps: California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees. New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs. Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings. Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work. What Employers Should Do to Stay Compliant Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents. Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies. Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially. Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required. Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources. What Employees Should Know Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA. Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation. Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness. Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior. Final Thoughts Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces. Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws. Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

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Respect, Rights, and Recognition: Navigating Sexual Identity Pronouns in Today’s Workplace

In today’s evolving workplace, the use of sexual identity pronouns has become a focal point in discussions about inclusivity and respect. Recognizing and using an individual’s preferred pronouns—such as she/her, he/him, they/them, or others—is more than a matter of etiquette; it’s a fundamental aspect of acknowledging and validating personal identity. This practice fosters a sense of belonging and psychological safety, which can lead to increased employee engagement and productivity. Moreover, organizations that prioritize inclusive practices often see benefits in talent acquisition and retention, as they appeal to a broader and more diverse candidate pool. However, the integration of pronoun usage in professional settings has not been without challenges. Recent legislative actions have introduced complexities. For instance, President Trump’s executive order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” mandates that federal agencies recognize only male and female biological sexes, potentially influencing private employers to adopt similar stances . Additionally, a federal judge in Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing guidance intended to protect transgender employees from workplace harassment, asserting that Title VII does not mandate recognition of gender identity beyond biological sex . Such developments have led to a patchwork of policies and interpretations, creating uncertainty for employers striving to balance inclusivity with compliance. Despite these challenges, the benefits of embracing pronoun inclusivity in the workplace are substantial. Studies indicate that affirming a transgender person’s pronouns can help lower depression and raise self-esteem and well-being . Furthermore, organizations that actively support LGBTQ+ inclusivity often experience enhanced creativity, better decision-making, and improved financial performance . By fostering an environment where all employees feel seen and respected, companies not only uphold ethical standards but also position themselves for greater success in a diverse and dynamic marketplace. In conclusion, while the path to integrating sexual identity pronouns in the workplace may be fraught with legal and societal hurdles, the pursuit of inclusivity remains a worthwhile endeavor. Employers are encouraged to stay informed about evolving regulations, engage in open dialogues with their teams, and implement policies that reflect a commitment to diversity and respect for all individuals. Sources LinedIn AP New Yorker Culture AMP Related posts: From New York to the Arab Gulf, Challenging Global Capitalism to Build Worker Power Apple Store Workers Share Why They Want to ‘Work Different’ Court in Costco Discrimination Case to Employers: Don’t Fight Discrimination Poll: Ohio Voters are Likely to Penalize Politicians for Issue 2 support

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Portable Benefits for Independent Contractors: National and State Legislative Initiatives

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value. Benefits for Independent Contractors Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include: Health, Dental, and Vision Insurance: Subsidized or pooled coverage options that contractors can enroll in regardless of their hiring entity. Retirement Savings: Individual accounts with contributions from both workers and contracting parties, helping contractors plan for long-term financial security. Paid Time Off and Emergency Funds: Options to accrue paid leave and set aside resources for unexpected expenses, fostering greater financial resilience. These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy. Advantages for Companies Organizations that support portable benefits gain competitive advantages in today’s talent market: Attraction and Retention: Contractors are more likely to engage long-term with companies that contribute to their well-being and financial future. Reputation and Brand: Offering benefits signals a commitment to workforce development and social responsibility, bolstering employer brand. Productivity and Quality: Financial security and health coverage can reduce burnout and turnover, leading to higher-quality work and sustained productivity. Federal Initiatives At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits. State-Level Legislation Several states have already enacted or are considering laws to pilot or formalize portable benefits: Florida House Bill 1067 (Feb 2025): Establishes voluntary portable benefits accounts for independent contractors and sole proprietors. Both workers and hiring entities can make contributions, enabling access to health and retirement benefits without changing employment classification. Tennessee Voluntary Portable Benefit Plan Act (Apr 2025): Implements a statewide benefit pool serving over 1.5 million contractors. Participants receive portable health insurance and retirement plan options that remain with the individual, ensuring continuity across contracts. Alabama Portable Benefit and Incentives Law (2025): Authorizes the creation of portable benefit accounts and provides tax deductions to hiring parties that contribute on behalf of contractors, encouraging broader participation and employer support. Maryland Pilot Program (Apr–Jun 2025): In collaboration with DoorDash, Maryland’s pilot enables eligible Dashers earning at least $1,000 in a quarter to allocate contributions to health, dental, vision, retirement, emergency funds, and paid time off. This pilot tests program design and worker engagement ahead of potential statewide rollout. Conclusion The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need. Sources Independent Women’s Voice CitizenPortal Florida Senate JD Supra Tennessee House Republican Caucus Ogletree Stride Blog Kiley House Independent Women’s Forum   Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

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Organizing in the Age of AI: How Labor, Employers, and Workers Can Shape the Future Together

As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees. The Union Perspective: Safeguarding Fairness and Dignity For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process. Labor organizations are advocating for proactive measures, including: Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions. Pushing for policies that require human oversight of AI-driven employment decisions. Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy. By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity. The Employer Perspective: Balancing Efficiency with Responsibility From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity. However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach. Responsible employers are: Consulting with employee representatives early in the AI adoption process. Auditing algorithms for bias and making results transparent. Investing in employee development to ease transitions brought by automation. Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone. The Employee Perspective: Navigating Uncertainty and Opportunity For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data. Employees are increasingly aware of both the risks and possibilities. Many are asking: “How is this technology being used to evaluate me?” “Will I lose my job to a machine?” “What training do I need to stay relevant?” There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why. Moving Forward: A Shared Responsibility AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work. To build a just and inclusive AI-driven workplace: Unions must lead in negotiating guardrails and educating members. Employers must prioritize ethical adoption and collaboration. Employees must engage in shaping policies that affect their livelihoods. As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work. Related posts: Proposed Overtime Changes: Bad News for Workers Goal of True Equality Still Challenges Us All A Wisconsin Hog Farm Would Produce 9.4 Million Gallons of Manure a Year. Nearby Residents Live in Fear.

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Madeline Messa

Madeline Messa est étudiante en troisième année de licence à la faculté de droit de l'université de Syracuse. Elle est diplômée en journalisme de Penn State. Grâce à ses recherches juridiques et à ses écrits pour Workplace Fairness, elle s'efforce de fournir aux gens les informations dont ils ont besoin pour être leur meilleur défenseur.