Student Athletes or Employees? The Constantly Changing State of Play
We get AI for work™: Preparing Real-World Healthcare Environments for an AI-Driven Future
DOL Compliance Tools & PBM Regulation, NLRB Intake Updates - #WorkforceWednesday® - Employment Law This Week®
California Employment News: California AB 692 Cuts Back “Stay or Pay” Contracts with Workers
Valentine's Day Insights on Office Romance
Clarifying Bonuses, Overtime, and Exempt Status in DOL’s Opinion Letters: What's the Tea in L&E?
Pay Transparency + the Power of Preventive Strategies: Episode 3 — Pivoting Toward Preparation in the Life Sciences
International Series Episode 1: Mastering Workforce Reductions and Restructuring for Global Companies
Pay Transparency + the Power of Preventive Strategies: Episode 2 — Healthcare Compliance Crossroads
We get AI for work™: Analyzing "Brewer v. Otter.ai" — A Case Study of the Legal Risks of AI Note Takers
The “Disparate” Dilemma in Employment Discrimination Litigation
We get Privacy for work — Episode 13: Demystifying Data Mining
Four Legal Trends Impacting Higher Education Institutions
We get AI for work™: New Efforts to Ensure a National AI Policy
Designing the Organisation Structure in Professional Services with Panalitix
Work This Way: A Labor & Employment Law Podcast | Love and Liability: Navigating Workplace Romance with Bridget Blinn-Spears of Maynard Nexsen
Remote Work and Disability Discrimination: What Employers Need to Know - #WorkforceWednesday® - Employment Law This Week®
You’re Hired! Restrictions on Hiring Former Government Employees for Government Contractors
Cuts, Choreography, and Coaching: What America's Sweethearts Teach Us About Performance Management — Hiring to Firing Podcast
Strategies for Business Resilience in Weather Crises
The “No Tax on Overtime” rules that rolled out nationwide last year have a limited impact on the agricultural industry but can create challenging compliance issues for employers. We’ll explain why most on the farm ag workers...more
As U.S. immigration adjudications increasingly intersect with emerging technology, founders developing high-impact artificial intelligence products face a persistent disconnect between innovation and evidentiary standards. AI...more
2025 was an eventful year for whistleblower laws in Australia and APAC, with significant judicial decisions, and renewed efforts for reform in the corporate and public sector whistleblower space. Overall, these trends...more
The California Labor and Workforce Development Agency (LWDA) has issued a Notice of Proposed Rulemaking to adopt new Private Attorneys General Act (PAGA) regulations. These proposed rules are intended to implement and...more
During the Federal Trade Commission’s (FTC’s) January 27 workshop, “Moving Forward: Protecting Workers from Anticompetitive Non-compete Agreements,” Chairman Andrew Ferguson delivered a clear and consequential message:...more
2026 will see significant developments in United Kingdom employment rights, as well as new pay reporting measures in Europe. In this article, we look at what this means in practice and how employers can stay ahead of the...more
Modern slavery remains a critical issue for boards and executives. The past year has seen increased scrutiny from investors, regulators and civil society, with several high-profile supply chain incidents reinforcing the...more
Our Labor & Employment Group discusses a Delaware Supreme Court decision to enforce a restrictive covenant that required forfeiture of equity stock....more
Blog Overview: Finland has released a draft proposal to implement the European Union (EU) Pay Transparency Directive. Employers with employees in Finland should be prepared for the legislation to take effect in May of 2026...more
The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua,...more
A company selling artificial intelligence (AI)-powered applicant assessment tools has been hit with a lawsuit that may be the first of its kind to claim that such tools violate the federal Fair Credit Reporting Act (FCRA) and...more
Last month, the Ninth Circuit Court of Appeals furthered a trend of ruling favorably for religious organization employers in Union Gospel Mission of Yakima v. Brown. In a case specific to Washington, the Ninth Circuit...more
This update summarizes key recent developments regarding legislative, regulatory, litigation, and enforcement updates related to environmental, social, and governance (ESG), with a particular focus on federal agency...more
Ramadan is coming up soon, so now is a good time to understand an employer’s religious accommodation obligations and legal protections for Muslim employees. This year—depending on the exact timing of lunar events on which the...more
In the first enforcement action by the Federal Trade Commission (FTC) since the Trump administration stopped defending an FTC rule that would have banned nearly all noncompete agreements in the employment context, the FTC...more
Recently the United States Department of Labor (“DOL”) issued a slew of Opinion Letters as 2026 gets underway. FMLA2026-2 is particularly topical as millions of Americans battle winter illnesses....more
Navigating today’s constantly evolving compliance landscape can be challenging. To help simplify the process, Berkshire has compiled an overview of key federal and state EEO reporting deadlines and thresholds, giving you the...more
The U.S. Court of Appeals for the Fifth Circuit recently reaffirmed that employers are not liable for unpaid overtime under the Fair Labor Standards Act unless they have actual or constructive knowledge that an employee...more
Oregon’s 2026 short legislative session is underway, and a few proposed bills could affect employers of all shapes and sizes. Although short sessions move quickly, they often include important policy changes, particularly in...more
But, then, don't we make our own luck? Happy Friday the 13th, aka Valentine’s Day Eve. I don't love what this employer did, so I'm going with Friday the 13th. A legal assistant in Santa Fe, New Mexico, who was...more
On February 9, 2026, the U.S. District Court for the Northern District of California approved the parties’ stipulation in Center for Investigative Reporting v. U.S. Dep’t of Labor and lifted the temporary stay that had paused...more
It has long been established that, to be enforceable, a release of a FLSA claim must be approved by either the Department of Labor or a court. While courts in the Second and Eleventh Circuits have consistently adhered to this...more
On Thursday, February 4, 2026, the Equal Employment Opportunity Commission (EEOC) filed a subpoena enforcement action against Nike in the U.S. District Court for the Eastern District of Missouri seeking to compel the footwear...more
For years, forfeitures were treated like found money in 401(k) plans. Someone leaves before vesting, the plan keeps the unvested employer contribution, and no one loses sleep....more
The Trump Administration has fundamentally reshaped the US immigration landscape for employers, institutions, and organizations across sectors, with higher education squarely in the crosshairs. Universities and colleges are...more