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

Maine Joins Three Northeastern States in Regulating Workplace Electronic Monitoring

Littler on

Maine Governor Janet Mills recently allowed LD 61 – An Act to Regulate Employer Surveillance to Protect Workers – to become law without her signature. This law, which takes effect this summer, applies to all Maine employers,...more

Polsinelli

OIG Reels in the Employment Safe Harbor: Recent Advisory Opinion Signals Risks for Sign-On Bonuses in Home Care

Polsinelli on

Key Takeaways: In a rare unfavorable advisory opinion, OIG concluded that certain sign-on bonuses for home care workers are a risk under the federal Anti-Kickback Statute, despite historical reliance on the Employment...more

Littler

EEOC Rescinds Enforcement Guidance on Harassment

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On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to rescind the guidance was approved two-to-one, with Chair Andrea...more

Haynes Boone

DOL Expands Its Delinquent Filer Voluntary Correction Program

Haynes Boone on

The DOL recently issued a notification (the “DOL Notice”) regarding the modification of its Delinquent Filer Voluntary Correction Program (the “DFVCP”) under ERISA for the first time since its last revision in 2013. As...more

Arnall Golden Gregory LLP

Landmark $8.75M AGG Class Action Settlement Against UnitedHealthcare Receives Final Approval

Key Takeaways - Court approves landmark settlement expanding access to proton beam radiation therapy (PBRT). Final approval of an $8.75 million ERISA class action settlement requires UnitedHealthcare to revise its PBRT...more

Hogan Lovells

HL UK Pensions Law Digest 22 January 2026

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Pension Schemes Bill: release of surplus Comments from the Minister of State on the new power to release surplus; Pensions Commission and further lifetime allowance regulations...more

Littler

DOJ's False Claims Act Report for FY 2025 Shows Biggest Total Monetary Recoveries Yet, Provides Insight on FY 2026 Priorities

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According to the Department of Justice’s (DOJ) January 16, 2026 press release, the DOJ reported a record $6.8 billion in settlements and judgments under the False Claims Act (FCA) for the fiscal year ending September 30,...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s 10 must-read articles of 2025

Even if you read them at the time, you’ll want to read them again. In 2025, organizations faced significant developments in the areas of immigration, workplace policies, federal enforcement, and data privacy. ...more

Jackson Lewis P.C.

OBBBA in 2026: Immediate Action Required for Employers

Jackson Lewis P.C. on

H.R. 1 became law as Public Law 119-21, the “One Big Beautiful Bill Act” or “OBBBA,” on July 4, 2025. Although several of the most significant employer-facing provisions affected operations in 2025, the focus shifts to full...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC votes to revoke Biden-era transgender guidance

Bloomberg Law has just reported that the U.S. Equal Employment Opportunity Commission voted to rescind guidance on transgender discrimination that was issued during the Biden Administration. As I reported on Friday, the EEOC...more

Constangy, Brooks, Smith & Prophete, LLP

Narcan in the workplace? New York says yes!

According to the U.S. Bureau of Labor Statistics, unintentional drug overdoses led to 525 occupational deaths in 2022. In New York, opioid overdose deaths have increased more than 360 percent—from 1,074 deaths in 2010 to...more

Constangy, Brooks, Smith & Prophete, LLP

EEO reporting deadline for Massachusetts employers is approaching

Deadline is February 2 this year. Covered employers are required to file their federal EEO-1 Reports with the Secretary of the Commonwealth of Massachusetts. Employers are subject to this requirement if they - • Have...more

Jackson Lewis P.C.

New NJ Family Leave Act Broadens Employee Access and Benefits, Complicates Employer Compliance

Jackson Lewis P.C. on

New Jersey Gov. Murphy signed into law A3451/S2950 to greatly expand employer coverage and employee eligibility under the New Jersey Family Leave Act (NJFLA) on Jan. 18, 2026, as one of his last acts before leaving office....more

Perkins Coie

DOL Confirms Nondiscretionary Incentive Bonuses Must Be Included in the Regular Rate for Overtime

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The U.S. Department of Labor’s Wage and Hour Division (DOL) recently issued Opinion Letter FLSA2026-2 confirming that incentive bonuses earned under a predetermined plan must be included in an employee’s “regular rate” when...more

Perkins Coie

DOL Confirms FMLA Coverage for Travel Time to Medical Appointments

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On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-2, confirming that eligible employees may use Family Medical Leave Act (FMLA) leave for time spent traveling to...more

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

The Year Ahead in UK Employment Law: An Overview of Changes Scheduled in 2026

This year is set to be incredibly busy for HR professionals and in-house employment lawyers. With the Employment Rights Act receiving Royal Assent in 2025, as well as the routine changes that accompany the new tax year in...more

Payne & Fears

New Law Requires All California Employers Provide their Employees with a New Notice of Rights and an Opportunity to Name an...

Payne & Fears on

Employers should be aware that there are two new requirements that they must comply with under the newly enacted SB 294, also known as the “Workplace Know Your Rights Act.” First, employers must provide their employees a new...more

Phelps Dunbar

Independent Contractor or Employee? Eleventh Circuit Says Real-World Facts – Not Contracts – Decide

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The Eleventh Circuit Court of Appeals gave more guidance to employers on the “economic reality test” used to distinguish employees from independent contractors under the Fair Labor Standards Act (FLSA). ...more

Vorys, Sater, Seymour and Pease LLP

Payback Policies Pivot: New York’s Trapped at Work Act and Pending Amendments

On December 19, 2025, New York Governor Kathy Hochul signed S. 4070, the “Trapped at Work Act,” creating Article 37 of the New York Labor Law (Labor Law §§ 1050–1055)....more

Bradley Arant Boult Cummings LLP

Change Ahead? EEOC May Rescind 2024 Harassment Guidance

While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why Fred Reish’s Move to Prime Capital Matters to Plan Sponsors and Providers

Today’s industry news isn’t just another personnel announcement. When Fred Reish, a lawyer whose name has been synonymous with ERISA’s most complex fiduciary and regulatory issues for decades, changes teams, the whole...more

Vorys, Sater, Seymour and Pease LLP

New Year, New California “Workplace Know Your Rights Act”

California’s Workplace Know Your Rights Act (SB 294) creates new annual notice and emergency-contact obligations for employers starting in 2026. Effective February 1, 2026, employers must give every current employee, new...more

Perkins Coie

DOL Affirms Employer Discretion To Classify Learned Professionals as Nonexempt

Perkins Coie on

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FLSA2026-1, addressing whether a licensed clinical social worker (LCSW) may be treated as nonexempt following an internal...more

Perkins Coie

DOL Clarifies FMLA Leave Calculation for School Employees During Short-Term Closures

Perkins Coie on

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-1, providing important guidance on how short-term school closures, such as snow days, affect a school employee’s...more

Woods Rogers

FMLA and Travel Time: What the New DOL Guidance Means for Employers: What's the Tea in L&E?

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In this episode of What’s the Tea in L&E?, Labor & Employment attorneys Leah Stiegler and Fred Schutt break down the Department of Labor’s latest opinion letter addressing whether time spent traveling to and from medical...more

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