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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Benesch

Supreme Court Clarifies Federal Jurisdiction In Arbitration Cases

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On May 14, 2026, the Supreme Court unanimously ruled that when a federal district court enforces an arbitration provision in an employment agreement and sends the dispute to arbitration, the court retains jurisdiction to...more

Blank Rome LLP

From Fixable to Fineable: ICE’s Quiet Overhaul of I-9 Violation Classifications

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For nearly 30 years, employers completing Form I-9s operated under a forgiving framework: make a minor administrative mistake, like a missing date, an omitted title, and you had 10 days to fix it without penalty. That safety...more

Maynard Nexsen

The Importance of Clarity in Commission Agreements

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For both startups and established companies, commission-based compensation can be a powerful tool for aligning and incentivizing performance. However, without a written agreement providing clearly defined terms and...more

DCI Consulting

EU Pay Transparency Reporting: Data Requirements & Challenges

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BLOG OVERVIEW: Directive (EU) 2023/970 requires EU employers to report on gender pay gaps using prior-year payroll data, but the Directive's broad definition of "pay", covering bonuses, allowances, benefits in kind, and other...more

Chartwell Law

Tennessee Rewrites Non-Compete Rules

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Tennessee has joined a growing list of states imposing statutory guardrails on non-compete agreements. With the passage of Public Chapter No. 934 (House Bill 1034), effective July 1, 2026, the General Assembly has introduced...more

Proskauer - California Employment Law

$103 Million “Thermonuclear” Age Discrimination Verdict Overturned In Los Angeles

In a welcome reminder that eye-popping punitive damage awards still face meaningful judicial scrutiny, a Los Angeles Superior Court judge has struck down an $83 million punitive damages award that was entered against Liberty...more

Harris Beach Murtha

State AI Regulation Continues to Tighten in Utah, Iowa, Connecticut and Colorado

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State legislatures are regulating AI through a mix of deepfake rules, provenance mandates, chatbot safeguards, employment-related disclosure requirements and broader automated decision-making frameworks. Utah, Iowa,...more

Adams & Reese

Is Your Business Prepared for Hurricane Season?

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“Squalls out on the gulf stream, big storms comin’ soon,” sang the late, great Jimmy Buffett, who knew, as a coastal resident, the power of a great storm. While summer is known for long days and family getaways, it also...more

Chambliss, Bahner & Stophel, P.C.

Tennessee’s New Rules for Noncompetes and Other Restrictive Covenants — Changes Coming July 1

Picture this: Your star sales rep jumps ship to join your primary competitor. Is your noncompete enforceable? What about other restrictive covenants? Tennessee’s new law, effective July 1, 2026, will sharpen answers to these...more

Farella Braun + Martel LLP

Appeals Court Limits Employee Rights to Remote Work Under the ADA

As more employers join the trend toward in-office attendance, the Fifth Circuit’s recent decision in Hayes v. GStek, Inc. provides further support for employers navigating disability accommodation requests in the context of...more

Moritt Hock & Hamroff LLP

Non-Competition Agreements and the Lack of a Uniform Approach Adversely Impact Employers and Employees

The Federal Trade Commission (“FTC”) and Rollins, Inc. (“Rollins”), one of the nation’s largest pest-control companies, recently issued a proposed consent order by which Rollins agreed to stop enforcing non-compete agreements...more

Akin Gump Strauss Hauer & Feld LLP

States Continue to Restrict Non-Compete Agreements: Tennessee and Virginia Enact New Laws

Non-compete agreements continue to face increased scrutiny at the state level. Following years of growing restrictions—including expanded protections for low-wage workers and heightened enforcement mechanisms—Virginia and...more

Snell & Wilmer

U.S. Supreme Court Clarifies Federal Court Jurisdiction in Post-Arbitration Proceedings

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On May 14, 2026, the United States Supreme Court issued a unanimous decision in Jules v. Andre Balazs Properties, No. 25–83. The opinion resolves a circuit split on the effect of its prior opinion in Badgerow and addresses an...more

Stokes Wagner

Workplace Investigations Conducted by Attorneys Carry Privilege Risks When Used to Support Employer Defenses

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In the recent case of Paknad v. Superior Court, the California Supreme Court affirmed and expanded on previous rulings that attorney-client communications and the attorney work product privileges may be waived where the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Same Movie, New Sequel—But the Ending Still Matters

You read enough U.S. Department of Labor / Employee Benefits Security Administration releases over the years and you start to realize something: the facts change, the villains rotate, but the plot is always the...more

Bond Schoeneck & King PLLC

EEOC Proposes To End EEO-1 Reporting

For several decades, private employers with 100 or more employees and certain federal contractors have been required to annually file the EEO-1 report. The EEO-1 report collected information about the race/ ethnicity and sex...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2026 #3

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Ending Discrimination in Government Contracting Act Proposes to Eliminate Preferences for 8(a) and WOSB Firms - On April 27, 2026, Senator Mike Lee (R-UT) and Congressman Glenn Grothman (R-WI) introduced companion bills...more

Parker Poe Adams & Bernstein LLP

Labor Department Reverts to Prior Overtime Salary Threshold

The U.S. Department of Labor (DOL) has formally rescinded its 2024 overtime rule and restored the salary thresholds for the Fair Labor Standards Act (FLSA) "white collar" exemptions to the levels established in 2019. ...more

Sheppard

Show the Harm: Sixth Circuit Narrows Path to NLRB Bargaining Injunctions, Creating Circuit Split

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On May 2, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Kerwin v. Trinity Health Grand Haven Hospital, clarifying the standard for obtaining injunctive relief under Section 10(j) of...more

Berkshire

How Workforce Analytics Enhances Organizational Success

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In today’s competitive and highly regulated business environment, organizations can no longer rely solely on instinct or outdated human resources practices to manage their workforce. Decisions related to hiring, promotions,...more

Jackson Lewis P.C.

Is a CCPA Risk Assessment Required When Using AI-Powered Hiring and Screening Tools?

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Key Takeaways Artificial intelligence has made significant inroads into the hiring process. Employers increasingly rely on AI-driven tools to screen resumes, analyze video interviews, administer automated assessments, and...more

CDF Labor Law LLP

Ninth Circuit Stops Class-Wide Abuse of Adverse Arbitration Decisions in Win for Employers

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On April 1, 2026, the Ninth Circuit in O’Dell v. Aya Healthcare Services, Inc., 171 F.4th 1173 (9th Cir. 2026) held that the Federal Arbitration Act (“FAA”) protects employers from plaintiffs’ attempts to use inconsistent...more

Baker Donelson

New Jersey Adopts Final Rule for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (NJDOL) adopted final regulations on May 5, 2026, codifying its long-standing statutory "ABC test" under N.J.A.C. 12:11. These rules will be published in the New...more

Ropes & Gray LLP

[Podcast] Culture & Compliance Chronicles: Sleep, Science & Success—Unlocking Chronoleadership

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On this episode of Culture & Compliance Chronicles, Amanda Raad and Nitish Upadhyaya from Ropes & Gray’s Insights Lab, and Richard Bistrong of Front-Line Anti-Bribery, are joined by Camilla Kring, founder of Super Navigators....more

Oberheiden P.C.

Healthcare Whistleblower Cases & Rewards

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The United States Department of Health and Human Services (DHHS), Department of Justice (DOJ), and other government entities rely heavily on whistleblowers to expose fraud, waste, and abuse within the healthcare sector. This...more

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