The legal framework governing the American workplace is currently undergoing one of its most significant transformations in decades, driven by a combination of aggressive state-level legislating, federal regulatory shifts, and the rapid integration of emerging technologies. In response to this increasingly complex environment, Squire Patton Boggs has announced a comprehensive four-part webinar series scheduled for May, designed to provide employers, in-house counsel, and human resources leaders with the tactical insights necessary to maintain compliance and mitigate risk. This complimentary series arrives at a critical juncture as businesses grapple with a "patchwork" of state laws and a federal government that is increasingly focused on worker protections and technological oversight.
As the US Department of Labor and the Equal Employment Opportunity Commission (EEOC) sharpen their enforcement tools, the burden of staying informed has shifted heavily onto corporate compliance teams. The upcoming webinar series is structured to address four pillars of modern employment law: regional legislative trends, the future of restrictive covenants, the integration of artificial intelligence (AI), and the procedural rigors of internal investigations. Each session, offering one hour of practical guidance, is tailored to professionals who oversee employment policies and strategic business operations.
Navigating the Multi-State Compliance Patchwork
The series commences on May 6 with a deep dive into the shifting legal terrain of several "trendsetter" states. While federal law provides a baseline for employment regulation, states like California, New York, Illinois, and Colorado have moved aggressively to implement more stringent requirements that often serve as blueprints for other jurisdictions. Led by John Rainwater, Scott Held, and Semarn Kaur, this session will examine the nuances of operating across state lines in a post-pandemic economy where remote work has made local compliance a national issue.
In California, the legal landscape remains notoriously difficult for employers to navigate. Recent updates to the Private Attorneys General Act (PAGA) and the expansion of paid sick leave requirements continue to pose challenges for even the most sophisticated legal departments. Meanwhile, New York has pioneered pay transparency laws that are now being echoed in Colorado and Illinois. These laws require employers to disclose salary ranges in job postings, a shift that has profound implications for recruitment strategies and internal pay equity audits.
The session will also address the specific challenges of Colorado’s Healthy Families and Workplaces Act (HFWA) and the Protecting Opportunities and Workers’ Rights (POWR) Act, which have significantly lowered the threshold for harassment claims. By focusing on these key states, the webinar aims to help employers move from a reactive posture to a proactive strategy, ensuring that policies are scalable and defensible across multiple jurisdictions.
The Seismic Shift in Restrictive Covenants
On May 13, the focus shifts to restrictive covenants, a topic that has dominated legal headlines following the Federal Trade Commission’s (FTC) recent and controversial move to ban non-compete agreements nationwide. While the FTC’s rule faces immediate legal challenges, the momentum toward restricting such agreements has been building at the state level for years. Meghan Hill, Joe D’Andrea, and Chase Clark will guide participants through the evolving standards for non-compete, non-solicitation, and non-disclosure agreements.
The debate over restrictive covenants represents a fundamental tension between a company’s right to protect its intellectual property and trade secrets and a worker’s right to economic mobility. Several states, including Minnesota and California, have already implemented near-total bans on non-competes, forcing companies to rethink how they retain talent and safeguard proprietary information.
The webinar will provide an essential update on how the judiciary is interpreting these agreements in the current climate. With "blue-penciling"—the judicial practice of editing overbroad covenants—becoming less predictable, employers must learn to draft more narrow, focused agreements that stand a higher chance of enforcement. The speakers will offer tactical advice on alternative methods for protecting business interests, such as robust confidentiality agreements and the strategic use of trade secret litigation.
The Rise of Artificial Intelligence in the Workplace
Perhaps no development has disrupted the human resources field as rapidly as the integration of Artificial Intelligence. On May 20, Jill Kirila, Shennan Harris, and Gabrielle Martin will lead a session titled "AI in the Workplace." This webinar will explore how AI is reshaping the entire employment lifecycle, from initial recruitment and automated screening to performance management and risk mitigation.
The use of AI in hiring has drawn intense scrutiny from the EEOC, which warned in its Strategic Enforcement Plan that algorithmic bias could lead to systemic discrimination. For example, New York City’s Automated Employment Decision Tool (AEDT) law already requires employers to conduct annual bias audits of the AI tools they use for hiring and promotion. The webinar will provide a framework for employers to evaluate their third-party software vendors and ensure that their use of technology does not inadvertently violate Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA).
Beyond compliance, the session will address the practicalities of implementing AI policies. As employees increasingly turn to generative AI tools like ChatGPT for daily tasks, companies must establish clear guidelines regarding data privacy, intellectual property ownership, and the potential for "hallucinations" or inaccuracies in AI-generated work product. The goal of this session is to provide business leaders with the tools to harness the efficiency of AI while maintaining a defensible legal posture.
Best Practices in Internal Investigations
The series concludes on May 27 with a session dedicated to the "gold standard" of internal investigations. As corporate transparency becomes a central theme of modern governance, the ability to conduct fair, confidential, and legally defensible investigations is more critical than ever. Katharine Liao, Ariel Kovach, and Mike Fussell will provide a roadmap for handling sensitive allegations, ranging from workplace harassment to financial misconduct and whistleblowing.
In the wake of the "Speak Out Act," which limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses in cases of sexual assault and harassment, the stakes for internal investigations have never been higher. A flawed investigation can not only lead to costly litigation but also damage a company’s reputation and internal culture.
The speakers will discuss the "dos and don’ts" of the investigative process, including how to select an impartial investigator, how to manage witness interviews, and how to document findings in a way that minimizes legal exposure. They will also address the complexities of "privilege" in investigations and when it is appropriate to involve outside counsel to ensure that investigative reports remain protected from discovery in future litigation.
Broader Implications for the Modern Employer
The Squire Patton Boggs May series arrives at a time when the "cost of non-compliance" is at an all-time high. Recent data suggests that the average cost of defending a class-action employment lawsuit can reach into the millions, even before a settlement or judgment is reached. Furthermore, the reputational damage associated with labor disputes can hinder a company’s ability to attract top talent in a competitive labor market.
This webinar series is designed not just for legal experts, but for the entire leadership apparatus of a modern corporation. By bringing together HR leaders, in-house counsel, and business executives, the series fosters a holistic approach to employment law. The accreditation of these sessions for CLE and SHRM credits underscores their value as professional development tools, ensuring that attendees are receiving information that meets the highest standards of legal and professional education.
Timeline and Participation Details
The webinars are scheduled to take place every Monday in May at noon Eastern Time:
- May 6: Key States Update (California, New York, Illinois, Colorado)
- May 13: Restrictive Covenants Update (Non-competes and trade secrets)
- May 20: AI in the Workplace (Bias, compliance, and policy)
- May 27: Best Practices in Internal Investigations (Procedural defensibility)
Each session is pending 1.0 hour of general CLE credit in Arizona, California, New Jersey, New York, Ohio, and Texas. Squire Patton Boggs, an accredited CLE provider in New York and California, has also applied for SHRM and HRCI accreditation to serve the needs of human resources professionals.
In an era where the only constant in employment law is change, this series provides a vital anchor for organizations seeking to navigate the complexities of the 21st-century workplace. By staying ahead of regulatory shifts and technological advancements, employers can protect their assets, support their workforce, and ensure long-term operational stability. Registration for this complimentary series remains open to all business leaders looking to fortify their legal and human resources strategies for the year ahead.
