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Littler

Policy Week in Review – May 15, 2026

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DOL Rescinds Biden-Era Overtime Rule - On May 14, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a technical amendment designed to unwind the Biden-era regulation and restore the 2019 Trump-era...more

Akerman LLP

When Refusal Isn’t Enough: The Sixth Circuit Slams the Brakes on 10(j) Relief

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In a significant post‑Starbucks ruling, the Sixth Circuit held that failure to bargain alone is not enough to justify an NLRB injunction absent specific evidence of immediate harm. The court vacated an injunction requiring...more

Ius Laboris

Getting Ready for the Pay Transparency Directive: EU Guidance Published

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The European Commission and the European Institute for Gender Equality (EIGE) have issued updated EU-wide guidelines and practical toolkits on the EU Pay Transparency Directive. They are designed to help employers ensure...more

FordHarrison

DOL Restores 2019 Salary Thresholds for White-Collar Overtime Exemptions

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The U.S. Department of Labor (DOL) has announced a technical amendment to the Code of Federal Regulations (CFR) restoring the salary thresholds that govern the white-collar overtime exemptions under the Fair Labor Standards...more

Littler

Colorado Amends its Artificial Intelligence Law, Substantially Reducing Obligations on Employers

Littler on

Colorado’s governor has signed an amendment (S.B. 26-189) to Colorado’s artificial intelligence law, substantially reducing the compliance burden on employers. The Colorado General Assembly passed the bill one day before the...more

Cadwalader, Wickersham & Taft LLP

Court of Chancery Opens the Door for Expanded Caremark Liability Based on Workplace Misconduct Oversight Failures

Recently, the Delaware Court of Chancery held in Los Angeles City Employees’ Retirement System v. Glenn Sanford, et al. (“eXp”) that officers’ and directors’ fiduciary oversight obligations may extend to the investigation and...more

Fisher Phillips

DOL Rescinds Biden-Era Overtime Rule: Cementing $35k Salary Threshold

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The Biden-era Labor Department rule that aimed to dramatically expand overtime pay eligibility is officially wiped off the books. Yesterday, the agency issued a technical amendment to remove the rule, which had already been...more

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

SCOTUS Settles Federal Jurisdiction Question When Claims Are Stayed Under the FAA

On May 14, 2026, the Supreme Court of the United States held that federal courts that have previously stayed claims in pending actions under Section 3 of the Federal Arbitration Act (FAA) “have jurisdiction to confirm or...more

Clark Hill PLC

Colorado Arbitration Reform: What Employers and Businesses Need to Know

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When the Colorado General Assembly gaveled out its 2026 session on May 13, Colorado House Bill 26-1236 was one of the more consequential measures to clear both chambers. Branded simply as “arbitration reform,” it reshapes how...more

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

Trump Administration Rescinds 2024 DOL White Collar Overtime Expansion

On May 14, 2026, the U.S. Department of Labor (DOL) announced that it is formally rescinding the 2024 overtime rule that would have made potentially millions more white-collar workers eligible for overtime premium pay under...more

Venable LLP

Thomas v. EOTech, LLC: Employers Cannot Shorten EEOC Filing Deadlines Under Title VII or ADEA

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The Fourth Circuit recently held that agreements with employees may not prospectively shorten the time for employees to bring claims under Title VII of the Civil Rights Act of 1964 (Title VII) or the Age Discrimination in...more

Venable LLP

Can Employers Host Women-Only Workplace Events? EEOC Sues Coca-Cola Over Alleged Title VII Violation

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Picture this: Hundreds of your female employees are descending on sunny San Francisco for a two-day company-sponsored networking and professional development retreat. The itinerary is packed: keynote speakers, team-building...more

Parker Poe Adams & Bernstein LLP

Repeat OSHA Citations Can Be Based on Distinct Factual Situations

When first reviewing a workplace safety citation issued by the Occupational Safety and Health Administration, employers dread receiving violations categorized as "repeat serious." As noted in last week’s EmployNews, fines for...more

Sheppard

Maryland Prohibits Tipping in Earned Wage Access Programs

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On April 28, Maryland enacted SB 94, which revises the state’s earned wage access (EWA) framework and amends tipping provisions under Maryland’s Consumer Loan Law and Secondary Mortgage Loan Law. The law prohibits lenders and...more

Seyfarth Shaw LLP

Cal/OSHA’s Draft Workplace Violence Standard: What Employers Should Know

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Cal/OSHA recently issued a revised draft of its general industry workplace violence prevention standard, offering the clearest indication yet of how the Division intends to build on SB 553. Although the rule is not final, the...more

Parker Poe Adams & Bernstein LLP

COVID Era Premium Pay Must Be Included in FLSA Regular Rate

When determining overtime pay for non-exempt employees under the Fair Labor Standards Act, the employer must first determine the employees' regular rate and then calculate the time and one-half overtime premium using this...more

Fisher Phillips

Employer Guide to the Aging Workforce: 4 Key Compliance Considerations

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Workers 55 and older now make up nearly a quarter of the US workforce and represent the labor force’s fastest growing age group. Further, while the Bureau of Labor Statistics projects that the overall labor force...more

Fisher Phillips

The Visa Bulletin for June: Final Action Chart and an Employer’s Immigration Action Plan

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Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Stark & Stark

New Jersey Codifies the “ABC Test” for Independent Contractors: What Businesses Need to Know

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New Jersey has formally adopted regulations codifying the state’s “ABC test” for determining whether a worker is properly classified as an independent contractor or must instead be treated as an employee. ...more

Gibney Anthony & Flaherty, LLP

USCIS Issues Interim Final Rule to Increase Scrutiny of Signature Requirements for Immigration Benefit Requests Starting July 10

The Department of Homeland Security (DHS) published an interim final rule which authorizes adjudicating officers to reject or deny benefit requests for invalid signatures. The rule applies to benefit requests submitted on or...more

Dorsey & Whitney LLP

The Supreme Court Update - May 14, 2026

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On May 14, 2026, the Supreme Court of the United States issued two decisions: Montgomery v. Caribe Transport II, LLC, No. 24-1238: This case addresses the Federal Aviation Administration Authorization Act’s (“FAAAA”)...more

Constangy, Brooks, Smith & Prophete, LLP

Remote work isn’t always a “reasonable” accommodation: 4 tips for employers

When you may be able to say no. Generally, I favor letting employees work from home whenever possible and practical. My favorable disposition toward remote work goes double for an employee who needs to work from home as a...more

Constangy, Brooks, Smith & Prophete, LLP

"New" FLSA white-collar exemption amendment will conform to court decisions

Today the Wage and Hour Division of the U.S. Department of Labor will publish a technical regulatory amendment to rescind a Biden-era rule on the white-collar exemptions from the minimum wage and overtime requirements of the...more

Berkshire

What Employers Need to Know: New Pay Transparency Laws in Maine and Virginia

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Pay transparency requirements are expanding rapidly across the United States, pushing compensation strategy out of the back office and into the earliest stages of recruiting. In 2026, both Maine and Virginia enacted new laws...more

Conn Maciel Carey LLP

California DIR Issues $4.4 Million in Citations for Caregiver Misclassification

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Just last month, the Department of Industrial Relations (DIR) fined a mother-son duo $4.4 million – $4,423,450 specifically – for violations of the Labor Code on behalf of 144 workers. This business operated as a staffing...more

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