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

Policy Week in Review – March 13, 2026

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Industry Groups Petition NLRB for Rulemakings - Several industry groups submitted rulemaking petitions to the National Labor Relations Board (NLRB) this week. A Petition filed on March 12 requests that the Board commence a...more

Arnall Golden Gregory LLP

DEI Enforcement Update: EEOC Investigations, Title VII Litigation, and Risks for Employers

Key Takeaways - Recent actions against companies including Nike and Coca-Cola indicate that the EEOC is actively applying its 2025 guidance on DEI-related discrimination under Title VII....more

Nossaman LLP

Liberty Northwest Ins. Corp. v. Atlantic Specialty Ins. Co., No. 24-7353 (9th Cir. Feb. 20, 2026) (Unpublished)

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The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a duty to defend an employee’s suit against his employer, a semiconductor manufacturer. In the underlying...more

Franczek P.C.

Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework

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On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s...more

UB Greensfelder LLP

Washington Poised to Enact Sweeping Ban on Non-competition Agreements

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The Washington Legislature has approved Engrossed Substitute House Bill 1155 (ESHB 1155), a sweeping measure that would eliminate nearly all non-competition covenants for employees and independent contractors. The bill,...more

DCI Consulting

EU Pay Transparency Directive: A 4-Stage Readiness Plan for Employer Compliance by June 2026

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BLOG OVERVIEW: The EU Pay Transparency Directive (Directive (EU) 2023/970) requires all EU member states to transpose binding pay transparency and pay equity obligations into national law by June 7, 2026, with gender pay gap...more

Amundsen Davis LLC

Federal Court Blocks NLRB Rule That Made Union Recognition Easier

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A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its...more

Bradley Arant Boult Cummings LLP

Selling Shareholder Trusts Subject to ESOP Arbitration Award

The plaintiffs in this case filed a lawsuit in 2021 alleging that the trustee of the company’s ESOP and certain individuals breached their fiduciary duties by overpaying for the company's stock. Originally Published by...more

BakerHostetler

Lies, Wages and the NLRA: How Employee Dishonesty Can Still Be Protected

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As the newly reconstituted National Labor Relations Board (NLRB or the Board) begins clearing its backlog of cases, employers are watching closely to see how far it may go in reshaping long‑standing Board precedent. One issue...more

Bradley Arant Boult Cummings LLP

The Delta-8 Dilemma: What Mississippi Employers (and Maybe Those in Other States) Need to Know About Drug Testing Policies and THC...

Walk into many convenience stores across the country, and you’ll likely see gummies, vapes, and tinctures labeled “Delta-8.” These THC-infused products are quickly becoming more and more accessible, and this accessibility is...more

Troutman Pepper Locke

Massachusetts Trial Court Holds Quarterly Bonuses May Be ‘Wages’ Under Wage Act

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On January 22, 2026, in Pres v. Sensys Gatso USA, Inc., a Massachusetts trial court ruled that the Massachusetts Wage Act (the Wage Act) encompasses quarterly bonuses not conditioned on defined contingencies. This decision...more

Ballard Spahr LLP

The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor Classification

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On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to...more

Conn Maciel Carey LLP

NLRB’s General Counsel Signals New Priorities

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The National Labor Relations Board (NLRB) General Counsel, Crystal S. Carey, recently signaled important shifts in labor policy under the second Trump administration. On February 27, 2026, Carey issued Memorandum GC 26-03,...more

Parker Poe Adams & Bernstein LLP

Alleged Lack of Understanding Insufficient Grounds to Void Release Agreement

This week, the Sixth Circuit Court of Appeals (which includes Tennessee) rejected an attempt by a terminated employee to evade the terms of a waiver and settlement agreement she signed in conjunction with her departure. In...more

Amundsen Davis LLC

State Laws Impacting Employers in 2026

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In our latest national state law update, we review state laws that have gone into effect or were enacted in 2026. Below is a non-exhaustive summary of major state laws that have gone into effect so far in 2026. Employers...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Nixes Agreement With Employee to Limit Time for Filing Legal Actions

Title VII and other federal labor laws contain specific deadlines by which an aggrieved person must file an administrative complaint or lawsuit. What happens when the employer and employee agree to shorten those periods in an...more

Parker Poe Adams & Bernstein LLP

Virginia Bill Limits Employee Noncompetes

The Virginia General Assembly has sent Governor Abigail Spanberger a bill that substantially restricts the use of noncompetition agreements with employees. The governor is expected to sign the legislation, which would impact...more

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

SJC Affirms Whistleblower Protection for Employees Involved in the Wrongdoing They Report

In its recent decision, Galvin v. Roxbury Community College, No. SJC-13754 (January 27, 2026), the Massachusetts Supreme Judicial Court (SJC) unanimously affirmed that the Massachusetts Whistleblower Act (MWA) affords...more

Fisher Phillips

Do Your Executive Compensation Arrangements Expose Your Tax-Exempt Organization to Possible IRS Sanctions?

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You have finally reached agreement on your new Executive Director’s contract. After much internal deliberation, the Compensation Committee ultimately approves a compensation package that significantly exceeds the...more

Fisher Phillips

EEOC’s New Telework Guidance for Federal Agencies Offers Roadmap for Private Employers: Key Takeaways on Accommodation Compliance

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As employers increasingly require remote workers to return to the office, many aren’t sure how to handle telework accommodation requests – but new federal guidance could start providing welcome clarity for employers. The...more

Fisher Phillips

Federal Appeals Court Rejects Biden-Era Bargaining-Order Framework, But Employers Should Not Relax During Organizing Drives

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A new 6th Circuit decision gives employers an important appellate win on one of the most consequential labor law developments of the past several years. The court’s March 6 ruling refused to enforce a bargaining order issued...more

Fisher Phillips

Key Measures Take Effect Under UK Employment Rights Act: Practical Steps for Employers to Take Now

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Employers should be prepared to comply with a new law that overhauls workplace rights in the United Kingdom. The first provisions took effect when the act received Royal Assent in December, and additional requirements are...more

Lathrop GPM

[Webinar] Trump 2.0: One Year In – A Business Critical Look at Executive Orders and Actions - March 26th, 12:00 pm - 1:00 pm CT

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President Trump’s second term has produced a wave of administrative actions—more than 250 Executive Orders alone have been issued since January 20, 2025. These directives cover a wide range of business critical issues,...more

Fisher Phillips

The Road to $30 by 2030: 7 Things You Need to Know as NYC Council Introduces Sweeping Minimum Wage Proposal

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City lawmakers just introduced proposed legislation in the New York City Council that would create a phased increase in the city’s minimum wage over the next several years to top out at $30 per hour by 2030. If enacted, the...more

Constangy, Brooks, Smith & Prophete, LLP

Age law saves employer in lawsuit having zero to do with age

Older Workers Benefit Protection Act to the rescue! In a race-sex-retaliation case. Years ago, I used to whine about the federal Older Workers Benefit Protection Act, which imposes specific requirements on employers...more

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