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

The Importance of “Merit” and Other People Data in Workforce Analytics

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Data has become central to modern HR decision-making—from hiring and pay to promotions and separations. A data-driven approach reduces reliance on gut instinct, helps reveal meaningful patterns, and allows employers to...more

Dorsey & Whitney LLP

DOJ Sues Minnesota Over Affirmative Action, Certifies Case for Early SCOTUS Fight on Title VII Precedent

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On January 14, 2026, the United States Department of Justice’s (“DOJ”) Civil Rights Division filed a federal suit seeking to strike down the State of Minnesota’s affirmative-action program in a challenge that could have...more

Constangy, Brooks, Smith & Prophete, LLP

Texas Attorney General issues anti-DEI opinion

Texas Attorney General Ken Paxton (R) issued an Opinion titled “‘Diversity, Equity, and Inclusion’ in Texas” on the Martin Luther King, Jr. holiday. In the 74-page Opinion, AG Paxton takes aim at DEI policies and initiatives...more

Morgan Lewis

DOL Updates FY 2026 Health Plan Enforcement Priorities: What Employers Need to Know

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The US Department of Labor’s Employee Benefits Security Administration (EBSA) has announced updated enforcement priorities for fiscal year 2026. These changes signal where EBSA will focus its investigative and enforcement...more

Warner Norcross + Judd

ICE at the Door? A Practical (and Calm) Refresher for Employers

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Recent headlines about heightened immigration enforcement activity — particularly across Minnesota, Illinois and Michigan — have prompted a familiar question from HR and leadership teams: Are we actually ready if ICE shows...more

Ice Miller

Is This the End of Stay-or-Pay Clauses? States Move to Restrict Repayment Clauses

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Recent legislative developments in multiple states have targeted “stay-or-pay” clauses—contract terms that obligate employees to repay certain bonuses and educational or training expenses if the employee does not stay for a...more

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

DOL Clarifies FLSA Section 7(i) Exemption for Tipped Employees

Recently the U.S. Department of Labor (DOL) responded to a request for an opinion clarifying how tipped employees can meet the 7(i) exemption. ...more

Blank Rome LLP

California’s AB 692 Reins in “Stay or Pay” Provisions in California Employment Agreements

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California’s Assembly Bill (“AB”) 692 took effect on January 1, 2026, significantly limiting the use of commonplace “stay-or-pay” clauses in offer letters and agreements, which require employees or prospective employees to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Technology Doesn’t Replace Fiduciary Judgment — It Exposes It

Every retirement plan provider now talks about AI, personalization, and “smart” tools. Plan sponsors should listen — but they shouldn’t be dazzled. Technology does not replace fiduciary responsibility. It magnifies it....more

Cranfill Sumner LLP

Who Employs Police Officers Directing Traffic? Why a New North Carolina Supreme Court Decision Matters for Your Business

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On December 12, 2025, the North Carolina Supreme Court issued a decision in Lassiter v. Robeson County Sheriff’s Department, Synergy Coverage Solutions, Truesdell Corporation, and The Phoenix Insurance Company, No. 54PA24....more

Ervin Cohen & Jessup LLP

Understanding the Broad Reach of the EFAA in California

The First District Court of Appeal’s decision in Quilala v. Securitas Security Services USA, Inc. underscores the significant reach of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021...more

Husch Blackwell LLP

MSHA Announces Shift Towards Online Filing of Form 7000-2

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On January 8, 2026, the Mine Safety and Health Administration (MSHA) issued a communication encouraging electronic filing of the Quarterly Mine Employment and Coal Production Report (MSHA Form 7000-2). This transition to...more

Seyfarth Shaw LLP

Wage and Hour Issues for New York Employers in 2026

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[New York employers should expect heightened scrutiny of their wage-and-hour policies in 2026.] As we kick off 2026, it is an important reminder for employers that New York is a hotbed for wage-hour issues. The Eastern...more

Bennett Jones LLP

Dishonesty at the Top: Alberta Court Confirms After-Acquired Cause Can Justify Termination for Cause - Sobolewski v Advanced...

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The Alberta Court of King’s Bench has released a detailed and instructive decision on after-acquired cause, employee dishonesty and proportionality in termination for cause, particularly in the context of a closely held...more

Proskauer - Labor Relations Update

The Board is Back: NLRB Resumes Decisions, Affirms Regional Directors’ Authority Without a Quorum

On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors...more

Proskauer - Employee Benefits & Executive...

Planning for Your Next DOL Investigation Just Got Easier

Spoiler alert. We are about to reveal the secret to learning what the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) will be focused on the next time it investigates your employee benefit...more

Proskauer - Law and the Workplace

Congress Proposes Major Overhaul of WARN: What Employers Need to Know About the Fair Warning Act

Spikes in large-scale layoffs and anxiety over AI-driven job losses have put renewed focus on the federal Worker Adjustment and Retraining Notification (WARN) Act. Recent months have seen unusually high levels of WARN notices...more

Foley & Lardner LLP

Illegal DEI? Understanding Compliance, Risk, and the Real Focus of Enforcement

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In the past year, workplace diversity, equity, and inclusion (DEI) programs have attracted heightened attention from federal agencies. For some employers, this scrutiny has sparked confusion. As the Equal Employment...more

Foley & Lardner LLP

New Year, New Massachusetts Paid Family and Medical Leave?

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The new year brings some changes to the Massachusetts Paid Family and Medical Leave (PFML) program....more

Harris Beach Murtha

New York City Implements Two Notable Employment Law Changes

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As we move into 2026, employers with staff in New York City should be mindful of two significant regulatory changes that may affect their workforce practices. These updates introduce new compliance obligations and reinforce...more

Mintz - Employment Viewpoints

Banning Credit Checks in the Workplace: New York’s Latest Compliance Challenge

New York has amended its Fair Credit Reporting Act to tighten restrictions on the use of consumer credit history in employment decisions. These amendments become effective April 18, 2026, at which point employers will no...more

Amundsen Davis LLC

[Webinar] 2026 OSHA Updates Impacting Construction - January 27th, 10:00 am PT

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Today’s construction employers continue to face increased scrutiny and evolving enforcement priorities from OSHA. Understanding recent regulatory developments and enforcement trends is critical to managing compliance risk and...more

Littler

Project Labor Agreements Expanded to More Public Construction in New Jersey

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In one of his final official acts, on January 20, 2026, New Jersey Governor Phil Murphy signed legislation amending the state’s Project Labor Agreement (PLA) statute, N.J.S.A. 52:38‑1 et seq. The amendment allows...more

Mayer Brown

Restrictions on “Stay-or-Pay” Provisions in US Employment Agreements Gain Momentum

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New York, California, and other states have recently enacted legislation that curtails or abolishes so-called “stay-or-pay” provisions in employment agreements. “Stay-or-pay” agreements—sometimes referred to as training...more

Oberheiden P.C.

Healthcare & the Whistleblower Protection Act: Answers to FAQs

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Healthcare fraud is a major issue. According to federal government estimates, it costs taxpayers in the realm of $100 billion every year. While the U.S. Department of Justice (DOJ) and U.S. Department of Health and Human...more

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