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Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

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In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

CDF Labor Law LLP

California Legislature Fails to Pass Bill for Private Right of Action for Penalties for Untimely Wage Payments

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On February 2, 2026, the California Legislature declined to pass Senate Bill (SB) 310, which would have created a private right of action for employees to sue employers to recover penalties for untimely wage payments (e.g.,...more

Akerman LLP - HR Defense

EEOC Rescinds Harassment Guidance on Gender Identity: What Employers Need to Know

Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

Littler

Policy Week in Review – February 6, 2026

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DOL Announces Minimum Wage Rate Change for Federal Contractors The Department of Labor’s Wage and Hour Division issued a notice setting a new minimum wage rate of $13.65 per hour for workers performing work on or in...more

Littler

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration

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The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more

Holland & Knight LLP

DOL Continues to Back Plan Sponsors and Fiduciaries in ERISA Forfeiture Litigation

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The Employee Retirement Income Security Act of 1974 (ERISA) forfeiture litigation landscape continues to evolve as courts continue to weigh in on the viability of this novel theory of ERISA liability. As explained in a...more

Fisher Phillips

Employers Turn to AI to Screen Candidates’ Social Media: Best Practices to Minimize Legal Threats

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Roughly 70% of employers now screen social media profiles as part of the applicant screening process – but manually scrolling through Facebook posts, X feeds, and Instagram photos is time-consuming and inconsistent. Enter...more

Jackson Lewis P.C.

DOL to Release EEO-1 Reports Following Ninth Circuit Ruling

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On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep’t of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has...more

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

Crypto Payrolls: Opportunities and Compliance Considerations for Global Employers

In today’s rapidly evolving global workforce, innovative companies are exploring compensation models that incorporate cryptocurrency, such as Bitcoin, Ethereum, and stablecoins like USDC, EURC, or emerging euro-pegged options...more

Seyfarth Shaw LLP

Almost 20 Years of Section 409A: Is Your Documentation Still in Sync?

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It has been nearly 20 years since Internal Revenue Code Section 409A transformed the rules governing nonqualified deferred compensation (NQDC). Many employers updated written plan documents by the 2008 deadline—and haven’t...more

Warner Norcross + Judd

MIOSHA’s FY 2025 Top 10 Citations Signal Strict Scrutiny of Employers’ Control of Hazardous Energy

Last week the Michigan Occupational Safety and Health Administration (MIOSHA) released its Top 10 citations issued during fiscal year 2025. The list shows hazardous energy control remains a top enforcement focus of the...more

Vorys, Sater, Seymour and Pease LLP

The Rise of Trade Secret Litigation: Are You Prepared to Stop Your Trade Secrets from Walking Out the Door? (Part One)

Recent reports show that trade secret litigation hit a historic high in 2025 with more than 1,550 cases filed in federal courts across the United States. Experts may attempt to sift through this data and explain the what and...more

The Volkov Law Group

UFLPA Enforcement: When a “Red Light” Turns Yellow

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The Uyghur Forced Labor Prevention Act (UFLPA) was designed to be one of the toughest trade enforcement statutes ever enacted by Congress....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK’s FCA Issues Final Guidance on Non-Financial Misconduct: How Firms Can Prepare

In December 2025, the FCA published its final Policy Statement and guidance (Final Guidance) on the treatment of non-financial misconduct (NFM) under the Code of Conduct (COCON) and the Fit and Proper (FIT) regime, with...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

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In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Conn Maciel Carey LLP

State Plan Signals 2025-2026

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While Federal OSHA establishes the baseline for OSHA standards, it is increasingly no longer the full story for employers. Indeed, the real compliance challenge today is keeping up with state plans as rules, guidance, and...more

Seyfarth Shaw LLP

California High Court Says Contract Illegibility Warrants Increased Substantive Scrutiny

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The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and...more

Vedder

Delaware High Court “Course Corrects” Restrictive Covenant Consideration in Equity Grant Setting

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In a decision issued earlier this week, North American Fire Ultimate Holdings, LP v. Doorly, the Delaware Supreme Court held that consideration for restrictive covenants is measured at the time of contracting and not at the...more

Dinsmore & Shohl LLP

The NCAA Needs a Framework for the Future

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Since 2021, college sports have charted a new course, one in which participants can enjoy the spoils of the billion-dollar industry that college sports have become. This journey was born of individual states granting student...more

Carlton Fields

Florida Appeals Court Decisions Week of February 2 - 6, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Melton v. I-10 Truck Cntr - employment, Title VII, racial hostility - Castro-Reyes v. Bosque - § 1983, excessive force, qualified immunity, state agent - Doe v. USA - FTCA,...more

Fisher Phillips

Thinking About Gamified AI Hiring Assessments? 6 Legal Risks and 6 Mitigation Steps to Consider

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Your talent acquisition team just pitched an exciting idea: replace your boring personality tests with AI-powered games that measure soft skills like creativity, resilience, and teamwork. The vendor promises better candidate...more

Miller Nash LLP

Ninth Circuit Court of Appeals Weighs in on Washington School District Employee’s First Amendment Free Speech Protections

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A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that...more

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

ADA Meets FMLA: Where They Overlap and Where They Diverge

An employee’s medical condition may implicate both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) at the same time, but the two laws use distinct eligibility frameworks and impose...more

Constangy, Brooks, Smith & Prophete, LLP

Release of contractors’ EEO-1 Reports is imminent

After years of wrangling, the end is nigh. The U.S. Department of Labor has agreed to release EEO-1 Report data by February 25. How did we get here? As we previously reported, the Center for Investigative Reporting...more

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