Business executives, human resources professionals and in-house counsel attended last week’s D.C. Hot Topics in Employment Law Seminar, presented by Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group. The event was an encore and updated presentation of the practice group’s Hot Topics in Employment Law Seminar held annually in February in Baltimore.

Topics included the use of AI in workplace and performance management; myriad  employment issues raised on a day-to-day basis with human resources professionals, including disability and religious accommodations and pregnancy-related issues in the workplace; the impact of changing cannabis laws; non-compete agreements on employers; and how employers are adjusting to the changing political landscape.

Here are some highlights from the three interactive sessions.

AI and HR: Transforming the Future of Workforce Management

Kristy Eriksson and Veronica Jackson discussed the ever-emerging uses of AI in the workplace. AI tools are being used for recruitment and talent acquisition, performance management, compensation and benefits and DEI. As the reliance of AI and technology grows throughout the world, the panelists cautioned attendees and offered ways to ensure transparency and fairness in the workplace.

• Remember that AI is a tool that encompasses a broad category of technology including machine learning, deep learning and generative AI.
• There are no federal laws prohibiting or restricting AI use. Many look to the EU for the laws/parameters for AI use. Employers should also consult any state or local laws as well.
• Employers should be aware of certain risks associated with AI: bias, inaccuracy and hallucinations, privacy and confidentiality violations and a lack of transparency.
• Despite some of the risks posed by AI, there are also some benefits to consider: consistency, recordkeeping and reduction of bias in compensation and benefits analysis, as well as DEI efforts.

What’s Buzzing: Navigating Challenging Workplace Issues

Suzzanne Decker and Sasha Hodge-Wren presented important updates to state and federal laws, including cannabis laws, off-duty conduct, Pregnancy Workers Fairness Act accommodation issues, paid leave regulations and non-compete agreements, among others.

• Sasha reviewed limitations on an employer’s ability to take adverse employment action against employees for off-duty consumption of marijuana. Since cannabis and drug testing requirements vary by state, employers should routinely check applicable state laws to ensure compliance in each case.
• She also provided attendees with guidance and recommendations for handling requests for accommodations under the Pregnancy Workers Fairness Act. Employers should take practical steps to fulfilling accommodation requests. The PWFA is different from the protection associated with a disability.
• Suzzanne discussed the often-complicated mix of Family Medical Leave Act and paid family leave in the DMV. Miles & Stockbridge is monitoring the situation in Maryland and will provide further updates but, for now, Maryland FAMLI contributions begin in July 2026.
• Suzzanne noted many states also have income thresholds (some of which increase annually) that determine whether an employee can validly enter a non-compete agreement. Employers have to navigate state and local laws when assessing whether a non-compete will be enforceable. While the Federal Trade Commission’s ban on non-competes was set aside in August 2024, there are some states that have banned non-competes altogether.

The Post-Election Landscape: What Has Happened and What Employers Can Expect

Gillian Santos, Paolo Pasicolan, Stephanie Baron and Tyler Duckett-Oliver presented on a variety of issues employers may face in the year ahead.

• Paolo discussed  the Department of Labor’s regulatory agenda, outsourcing HR needs and concerns with joint employer liability. He also spoke about new developments in crypto, private equity, and environment, social and governance (ESG) funds.
• Gillian covered updates on the National Labor Relations Board, namely that the NLRB currently has one board member and therefore cannot issue new decisions because it lacks a quorum. President Donald Trump has nominated two new NLRB Board members but confirmation hearings won’t be held until the spring at earliest.
• Stephanie reviewed the uptick of cases involving religious accommodation post-Groff. She noted best practices, such as evaluating the requests and any undue hardship on the organization and making sure that employers have neutral policies in place.
• Tyler spoke about how Executive Orders have changed the DEI landscape. Employers should be prepared for greater scrutiny over public-facing statements on websites and application materials. There is also the potential for investigations and litigation that employers should be mindful of.

If you were unable to attend this year’s event, we missed you! To download presentation materials and view speaker bios, contact information and more, please visit our event page. Members of the labor and employment team also are available to meet clients and potential clients to answer questions and discuss the topics covered.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.