September 2025

Good News for Employers! The 9th Circuit recently confirmed that a plan’s ERISA obligation to provide plan documents upon a participant’s request is limited to those documents that “provide individual participants with information about the plan and benefits.”

The obligation does not extend to documents, such as service agreements, that govern the relationship between the

As discussed in a recent PERKS post, while the FTC has backed away from its efforts to implement its 2024 sweeping non-compete ban, the agency continues to demonstrate interest in regulating this space.

On the heels of its recent warning letters sent to healthcare and staffing companies encouraging them to carefully review their non-compete practices,

We have previously reported on the two Executive Orders “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” which require federal agencies to “remove, and cease issuing, any statements, policies, regulations, and other messages that promote or otherwise inculcate gender ideology” and

California Employers: The California legislature passed the “No Robo Bosses” bill late Friday night, which restricts AI use in employment. Specifically, the bill regulates “automated decision systems” and requires that employers provide written notice that such a system is in use at the workplace, if the system is used in making employment-related decisions and to

As you may recall, in April 2024 the Federal Trade Commission (“FTC”) attempted to implement a nationwide rule that would ban almost all non-compete agreements. In August 2024, a federal district court in Texas set aside the rule, holding that it was unconstitutional.

This year, under the new administration, the FTC withdrew an appeal of

WA Employers: As you may be aware, Washington employers with 15 or more employees (whether or not in Washington provided that one employee works in Washington) must disclose the wage scale, salary range, and benefits information in all Washington job postings.

The requirement applies if the position can be filled by a Washington-based employee, including

Many states have passed legislation that prohibits employers from requiring their employees to enter into agreements that contain confidentiality provisions that would prevent those employees from disclosing sexual harassment, sexual assault or other similar improper conduct occurring in the workplace.

Texas employers: Effective September 1, 2025, Texas joined those states by passing Senate Bill 835