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December 2025 Newsletter
Employment Law Bulletin
A Monthly Report On Labor Law Issues
Volume XXXXIII, Issue 12
In this issue: As legal landscapes shift, staying ahead of compliance risks is more critical than ever for the modern employer. In this edition of the Wimberly Lawson newsletter, we provide an expert breakdown of the hidden liabilities in electronic personnel files and the essential policies needed to manage business data on employees’ personal devices. We also examine the costly fallout of technical errors in COBRA notices and offer a strategic analysis of recent federal rulings on DEI training and workplace language. From optimizing the tax treatment of settlement agreements to understanding the rise of "loyalty certifications" in hiring, this update equips you with the preventative insights necessary to protect your organization's interests.
Download the Newsletter as a PDFCheck out the latest legal developments affecting employers with this informative newsletter issue. Stay informed and avoid legal missteps by subscribing to email updates here.
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Department of Homeland Security (DHS)
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Department of Justice (DOJ)
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Department of Labor (DOL)
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EEOC (Equal Employment Opportunity Commission)
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Elizabeth K. Dorminey
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Emergency Temporary Standard (ETS)
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Employee Benefits Security Administration (EBSA)
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Employee Free Speech
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Employee Handbook
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Employee Resource Groups (ERGs)
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Employee vs Contractor
Employee versus contractor classification is a significant issue because it can have major economic consequences for workers and employers. There are also two "core factors" that are considered: the nature and degree of the worker's control over the work, and the worker's opportunity for profit or loss based on initiative and/or investment. Additionally, there are three other factors that may be considered as guideposts in the analysis: the amount of skill required for the work, the degree of permanence of the working relationship between the worker and the potential employer, and whether the work is part of an integrated unit of production. Misclassification of employees as independent contractors can result in liability under the FLSA for unpaid minimum wage and/or overtime compensation.
Explore our resources on this topic using the links below.
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Employment Authorization Document (EAD)
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Expedited Funds Availability Act (EFAA)
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Fair Credit Reporting Act (FCRA)
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False Claims Act (FCA)
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