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

EEOC rescinds transgender workplace guidance: What employers need to know

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In an unsurprising move, the Equal Employment Opportunity Commission voted 2–1 to formally scrap its 2024 guidance on workplace harassment on January 22, 2026. This action officially withdraws the Biden-era framework that...more

Mandelbaum Barrett PC

Immigration Enforcement in 2026: What Construction Lawyers Need to Know

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In early 2026, immigration enforcement has quietly but materially begun reshaping labor dynamics in the U.S. construction industry.  What started out as immigration policy shifts, has morphed into high-profile raids by...more

Weber Gallagher Simpson Stapleton Fires &...

Assaults at the Workplace – The Defenses May Not Be What You Think

For some odd reason, we have had several workplace assault claims come to us recently. As a result, we have had to dust off and update our research into the compensability of the claims and the injuries sustained. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mexico’s Labor Law in 2026: Key Developments Include Workplace Violence Prevention and 40-Hour Workweek

The first two months of 2026 have already delivered significant developments in Mexican labor law. From new workplace violence prevention obligations to the long-awaited forty-hour workweek amendment to the Federal Labor Law...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida and Texas AGs Issue Sweeping Anti-DEI Opinions on MLK Day

On January 19, 2026, the federal holiday celebrating Martin Luther King Jr., Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity, and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Disabled Plaintiff Not Qualified if Unable to Perform Job Functions

When faced with a disabled employee’s request for accommodation, employers sometimes base their response to the request on whether the worker’s proposed accommodation presents an undue hardship to the business in terms of...more

Fisher Phillips

México Propone la Semana Laboral de 40 Horas: 6 Acciones Clave para que las Empresas se Preparen

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El marco legal laboral en México podría experimentar un cambio significativo este año, por lo que los patrones deben elaborar un plan de acción mientras los legisladores trabajan en la aprobación definitiva de esta reforma....more

Fisher Phillips

Employers Should Prepare for Mexico’s Proposed 40-Hour Workweek: 6 Steps to Take Now

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The labor law framework in Mexico could undergo a significant shift this year, and employers should create an action plan while lawmakers work to finalize this big change. Specifically, Mexico may reduce the standard workweek...more

CDF Labor Law LLP

[Webinar] Through the Looking Glass: H-1B in 2026 - February 26th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The H-1B program remains one of the most important—and most operationally complex—tools for U.S. employers seeking to hire and retain foreign national talent. Between cap-season timing, heightened documentation expectations,...more

Fisher Phillips

What Responsible AI Use Means for Employers: 4 Takeaways from FP’s Recent Capitol Hill Testimony

Fisher Phillips on

Efforts on Capitol Hill to rein in artificial intelligence technology would be like taking a wiffle ball bat to a tidal wave. That’s the message Dave Walton, partner at Fisher Phillips and Co-Chair of the firm’s AI, Data, and...more

Mitratech Holdings, Inc

[Webinar] Predictive Compliance: Using Hotline Data to Anticipate Risk - February 26th, 12:00 pm - 1:00 pm ET

A hotline is only as good as the trust behind it. In 2026, the stakes for whistleblowing have never been higher. Global regulatory trends and increased reporting pressures are in the spotlight. We’ve analyzed thousands of...more

Fisher Phillips

Your Workforce Data Will Go Public in the Next 2 Weeks: Federal Contractors Face February 25 Deadline for EEO-1 Release

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The long-running legal battle over public access to federal contractors’ EEO-1 reports is coming to a close and thousands of contractors will soon see their workforce demographic data become available to the public. Late last...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Committee Minutes That Save You in a Lawsuit

When a 401(k) lawsuit is filed, the first thing plaintiffs’ counsel asks for isn’t your investment returns. It’s your committee minutes....more

Parker Poe Adams & Bernstein LLP

EEOC Sues Nike Over Potential Reverse Discrimination in DEI Programs

Last week, the federal Equal Employment Opportunity Commission filed suit in federal court against Nike, seeking information indicating whether the company discriminated against white applicants and employees in a range of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Nevada Enacts New Workplace Protections for Employees Exposed to Wildfire Smoke

Nevada’s Senate Bill (SB) 260, which took effect January 1, 2026, mandates comprehensive requirements for employers to protect outdoor workers from wildfire smoke hazards. ...more

BakerHostetler

NYC Proposes Rules for Implementing Recent Amendments to the NYC Earned Safe and Sick Time Act

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The New York City Department of Consumer and Worker Protection (DCWP), the agency responsible for enforcing the New York City Earned Safe and Sick Time Act (ESSTA), has released proposed rules in advance of the February 22...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Transitioning Remote Employees Back to the Office: 7 Key Insights for Global Employers

Many companies have been reconsidering their work-from-home policies in the years since the COVID-19 pandemic forced office closures. While reversing these policies may be straightforward in the United States, the process is...more

Jackson Lewis P.C.

New Mandated Reporter Requirements for the Entertainment Industry in California

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Effective January 1, 2026, California Assembly Bill (AB) 653, dubbed the California Abuse Mandated Entertainment Reporter Act (“CAMERA”), expanded the list of “mandated reporters” under California’s Child Abuse and Neglect...more

Parker Poe Adams & Bernstein LLP

Labor Department Sets New Minimum Wage for Federal Contractors

Last year, President Donald Trump withdrew a Biden-era executive order setting the minimum wage for workers employed by federal contractors at $17.75....more

Epstein Becker & Green

NJ Family Leave Act Expands Coverage Starting July 2026

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On January 16, 2026, outgoing New Jersey Governor Phil Murphy signed into law Assembly Bill 3451 (A3451), which significantly expands the coverage of the New Jersey Family Leave Act (NJFLA) by bringing many more employers and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

From Fax Machines to Phishing: Why Cybersecurity Is Now a 401(k) Fiduciary Duty

When I started back in the 401(k) business in 1998, everything was done by paper and telephone. Distribution requests were mailed or faxed. Investment changes were taken over the phone. Beneficiary designations were signed in...more

Troutman Pepper Locke

Independent Contractors and Joint Employment Doctrine: January 2026 IC Legal News Update

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We report on four key legal developments last month involving independent contractor (IC) misclassification, the most important of which was a decision involving the joint employment doctrine. Class action lawyers alleging IC...more

Holland & Hart - The Benefits Dial

‘Til You Can’t … What’s An Employer To Do When Court Gives 401(k) To Ex-Wife

A recent decision by the Seventh Circuit highlights why employers may want to consider including a provision in their 401(k) plan that revokes a beneficiary designation to an ex-spouse if the plan does not already provide for...more

Proskauer - Labor Relations Update

NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle

On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The...more

Snell & Wilmer

H-1B Visa Lottery Registration Opens March 4th, 2026

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Many employers rely on the popular H-1B visa to hire foreign nationals to work in professional level positions. This year’s lottery promises to produce a much different outcome based on significant changes to the lottery...more

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