On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) issued a federal sector decision in Selina S. v. Driscoll, ruling that Title VII of the Civil Rights Act of 1964 allows federal agencies to exclude...more
3/5/2026
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employee Restrooms ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employees ,
Gender Identity ,
Government Agencies ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII
From multiple proposed bills to reduce unemployment among military spouses and new changes to service member worker protections, employers can anticipate a busy 2026 for developments affecting military servicemembers,...more
3/2/2026
/ Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Hiring & Firing ,
Military Service Members ,
Proposed Legislation ,
Tax Credits ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
Veterans ,
VETS
On February 10, 2026, the Supreme Court of the State of Delaware affirmed a ruling that Delaware courts must examine the reasonableness and scope of restrictive covenants, even when the employer seeks only damages, and not...more
2/19/2026
/ Appeals ,
Breach of Contract ,
Contract Terms ,
Corporate Counsel ,
Damages ,
DE Supreme Court ,
Employment Contract ,
Employment Litigation ,
Injunctive Relief ,
Non-Compete Agreements ,
Reasonableness Factors ,
Restrictive Covenants ,
Unenforceable Contract Terms
A company selling artificial intelligence (AI)-powered applicant assessment tools has been hit with a lawsuit that may be the first of its kind to claim that such tools violate the federal Fair Credit Reporting Act (FCRA) and...more
2/13/2026
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Background Checks ,
Class Action ,
Consumer Reporting Agencies ,
Consumer Reports ,
Data Collection ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Machine Learning ,
Personal Information ,
Popular
In the first enforcement action by the Federal Trade Commission (FTC) since the Trump administration stopped defending an FTC rule that would have banned nearly all noncompete agreements in the employment context, the FTC...more
2/13/2026
/ Antitrust Violations ,
Competition ,
Competition Authorities ,
Consent Order ,
Corporate Counsel ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Settlement ,
Unfair Competition
New York Governor Kathy Hochul announced plans to launch a new office to oversee the implementation and enforcement of New York’s artificial intelligence (AI) and digital technology laws as part of a series of recent...more
2/11/2026
/ Administrative Agencies ,
Artificial Intelligence ,
Consumer Privacy Rights ,
Data Brokers ,
Deep Fake ,
Digital Platforms ,
Legislative Agendas ,
New Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
State Privacy Laws
On February 3, 2026, the Supreme Court of the State of Delaware ruled that restrictive covenants are enforceable if there is sufficient consideration at the time of contract formation, regardless of whether that consideration...more
2/11/2026
/ Appellate Courts ,
Breach of Contract ,
Consideration ,
Contract Terms ,
DE Supreme Court ,
Employment Contract ,
Employment Litigation ,
Enforceability ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Stock-Based Compensation
In January 2026, through a series of party-line votes, the U.S. Equal Employment Opportunity Commission (EEOC) continued its agency overhaul—revising internal voting procedures, restricting the general counsel’s litigation...more
2/6/2026
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Reverse Discrimination ,
Title VII ,
Trump Administration
Kansas recently became the latest state to pass legislation to restrict transgender individuals’ access to bathrooms and other private spaces in government-owned buildings. ...more
2/6/2026
/ Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Property and Administrative Services Act (FPASA) ,
Gender Identity ,
Government Property ,
New Legislation ,
Penalties ,
Private Right of Action ,
State and Local Government ,
State Legislatures ,
Title VII ,
Transgender
Employment arbitration agreements provide employers and employees with a fair and efficient way to resolve disputes outside of court litigation. The legal requirements for and best practices surrounding employment arbitration...more
1/16/2026
/ Arbitration Agreements ,
Class Action ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
New Legislation ,
NLRB ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Transportation Industry ,
Unconscionable Contracts
Just weeks after New York Governor Kathy Hochul signed a law prohibiting certain “stay or pay” agreements, state lawmakers have proposed new amendments that, if enacted, would allow employers to require reimbursement for...more
1/15/2026
/ Amended Legislation ,
Contract Terms ,
Corporate Counsel ,
Employee Misconduct ,
Employee Training ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
New Legislation ,
NYDOL ,
Penalties ,
Reimbursements ,
State Labor Laws ,
State Legislatures ,
Termination
On January 2, 2026, the U.S. District Court for the Southern District of New York ruled that the denial of an employee’s request to continue working from home as a disability accommodation was not enough to constitute...more
With the turn into the new year 2026, several state law changes affect wage and hour compliance, leave administration, onboarding practices, workplace notices, and even discrimination based on the use of artificial...more
1/5/2026
/ Artificial Intelligence ,
Crime Victims ,
Earned Sick and Safe Time Act ,
Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Hospitality Industry ,
Mini-Warn Acts ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave ,
Popular ,
State Labor Laws ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems...more
12/18/2025
/ Appellate Courts ,
Appointments Clause ,
Article II ,
Constitutional Challenges ,
NLRA ,
NLRB ,
Presidential Appointments ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Trump Administration
On December 12, 2025, New York Governor Kathy Hochul signed a bill into law that will require hospitals and nursing homes in the state to establish workplace violence prevention programs to protect healthcare workers,...more
The city of Columbus, Ohio, recently enacted an ordinance that will require most employers to provide reasonable, good-faith estimates of a position’s wages or salary in job postings. ...more
On December 11, 2025, President Donald Trump signed an executive order (EO) seeking to stop local U.S. jurisdictions from enacting laws or regulations restricting the development and implementation of artificial intelligence...more
On December 4, 2025, the New York City Council overrode a mayoral veto to enact two new pay data reporting laws, Int. 0982-2024-A and Int. 0984-2024-A, that will require large employers to submit annual reports with pay data...more
12/12/2025
/ Annual Reports ,
City of New York ,
EEO-1 ,
Employer Responsibilities ,
Equal Pay ,
Local Ordinance ,
New Legislation ,
Pay Data ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements
Two recent Fifth and Sixth Circuit appellate decisions have deepened a circuit split over the authority of the National Labor Relations Board (NLRB) to force employers to pay for the foreseeable harms stemming from unfair...more
12/5/2025
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Split of Authority ,
Statutory Interpretation ,
Unfair Labor Practices
President Donald Trump has tapped labor and employment attorney M. Carter Crow to serve as the next general counsel of the U.S. Equal Employment Opportunity Commission (EEOC) for a four-year term. ...more
11/21/2025
/ Diversity and Inclusion Standards (D&I) ,
EEOC General Counsel ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
National Origin Discrimination ,
Presidential Nominations ,
Regulatory Agenda ,
Religious Discrimination ,
Senate Confirmation Hearings ,
Title VII ,
Trump Administration
The Supreme Court of the State of Delaware is considering a case regarding whether a former executive’s noncompete and nonsolicitation agreements, which were agreed to in exchange for company shares, remain enforceable if...more
11/18/2025
/ Appeals ,
Breach of Contract ,
Contract Interpretation ,
Contract Terms ,
DE Supreme Court ,
Employment Litigation ,
Enforceability ,
Equity Compensation ,
Forfeiture ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants
The U.S. District Court for the District of New Jersey ruled that a claim by a remote employee in New Jersey over her Pennsylvania employer’s attempt to end her remote work arrangement, which allowed her to work from home in...more
An elementary school teacher shot by a six-year-old student was recently awarded $10 million in damages by a jury in Virginia, according to multiple reports. The case was brought against the former assistant principal, who...more
11/14/2025
/ Compensation ,
Damages ,
Duty of Care ,
Jury Awards ,
Jury Verdicts ,
Liability ,
Negligence ,
Public Schools ,
School Districts ,
School Safety ,
Teachers
A recent analysis indicated that October 2025 saw the most workers included in reductions-in-force (RIFs) in a single month in more than twenty years, as employers cut roles attributed largely to the rise of artificial...more
11/13/2025
/ Age Discrimination ,
Artificial Intelligence ,
Disparate Impact ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Involuntary Reduction in Force ,
Regulatory Requirements ,
Risk Management ,
Severance Agreements ,
State Labor Laws ,
WARN Act
The U.S. Court of Appeals for the Third Circuit recently ruled that violations of employers’ computer access policies do not constitute violations of the federal Computer Fraud and Abuse Act (CFAA) and that account passwords...more