Employment Law This Week

New NLRB Majority and Post-Loper Bright Court Deference

What employers should know about key developments this week: NLRB Shifts to Republican Majority: The Senate confirmed David Prouty and James Macey to the National Labor

States Are Regulating AI Faster Than Washington—What Employers Must Know Now

What employers should know about key developments this week: State-Led Artificial Intelligence (AI) Legislation: Illinois recently codified the disparate impact theory

Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers

What employers should know about key developments this week: DOL Opinion Letter FLSA2026-9: The U.S. Department of Labor's (DOL's) Wage and Hour Division (WHD) evaluate

Change Is Coming from the EEOC—but When?

What employers should know about key developments this week: U.S. Equal Employment Opportunity Commission (EEOC) Regulatory Agenda: The EEOC is pursuing sweeping change

New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time

What employers should know about key developments this week: Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul's signature,

Beyond the EEOC: The Widening Divide in Disparate Impact Enforcement

What employers should know about key developments this week: EEOC's New Direction: The Equal Employment Opportunity Commission (EEOC) has scrapped its two-year-old enfo

The NLRB Is No Longer Independent—What Employers Need to Know

What employers should know about key developments this week: Agencies Lose Their Independence: In Trump v. Slaughter, the U.S. Supreme Court held that federal agencies

Fertility Benefits, Medical Marijuana, and Whistleblower Protections

What employers should know about key developments this week: Federal Agencies Propose Fertility Benefit Expansion: The U.S. Departments of Labor, Health and Human Servi

States Are Now Writing the Workplace AI Rules

What employers should know about key developments this week: States Lead on Workplace AI: With federal regulators slowing new rules, individual states are setting their

Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims

What employers should know about key developments this week: Two Federal Agencies Target DEI: The U.S. Department of Labor (DOL) is urging its employees to file whistle

EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee

What employers should know about key developments this week: EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing th

State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks

What employers should know about key developments this week: Virginia and Maine Pay Transparency Laws: Both states require employers to disclose compensation ranges in

Words Matter: How to Draft Arbitration Agreements That Hold Up in Court

What employers should know about key developments this week: Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality,

DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors

What employers should know about key developments this week: DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economi

NLRB Could Soon Have a Three-Person Republican Majority

What employers should know about key developments this week: NLRB Nomination Signals Shifting Board Majority: The nomination of James Macy—packaged with the renominatio

The Administration's Focus on DEI Moves from Words to Action

What employers should know about key developments this week: ·       False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scr

401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests

What employers should know about key developments this week: DOL Proposes Opening 401(k) Investments: The U.S. Department of Labor (DOL) proposed a rule establishing a

Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans

What employers should know about key developments this week: Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner, a federal judge

Is Cemex Still Valid? Sixth Circuit Creates Uncertainty

What employers should know about key developments this week: Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to en

Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift

What employers should know about key developments this week: FTC Enforcement Shift on Non-Competes: The Federal Trade Commission (FTC) announced it will enforce non-com