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Labor & Employment Business Organization

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

FTC Officials Vow To Root Out Anticompetitive Noncompete Agreements

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During the Jan. 27 workshop, Federal Trade Commission (FTC or the Commission) officials emphasized that they are committed to using all “lawful tools at [their] disposal” to go after “anticompetitive” noncompete agreements....more

Clark Hill PLC

January 2026 Global Immigration Recap | APAC

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Below is an overview of the major updates from January 2026 in the Asia-Pacific region....more

Morgan Lewis - Shifting Sands Of Labor Law

ADGM Court’s Judgment Serves as a Warning Regarding Proper Use of AI

The Abu Dhabi Global Market (ADGM) Court has issued a detailed costs judgment that doubles as a practical guide for lawyers on the responsible use of artificial intelligence (AI) in litigation....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects First Amendment Claims From Teacher Who Declined to Use Students' Preferred Pronouns

Unlike private sector workers, government employees enjoy certain constitutional protections while at work, including free speech rights under the First Amendment. The extent of those rights has been the subject of countless...more

Clark Hill PLC

January 2026 Global Immigration Recap | EMEA

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Below is an overview of the major updates from January 2026 in the Europe, Middle East, and Africa region....more

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

UK Employment Rights Act 2025 Lifts Cap on Unfair Dismissal Compensation Claims

The UK government recently released guidance clarifying that from January 1, 2027, employment tribunals will no longer be subject to a statutory cap when reaching judgments on unfair dismissal compensation claims. ...more

Miller Canfield

UPDATE on the H-1B Selection System for FY 2027 Registration Season

Miller Canfield on

The following information updates the initial alert distributed on January 13, 2026. USCIS has provided additional information regarding the timing of the H-1B cap lottery for the FY 2027 registration season....more

Parker Poe Adams & Bernstein LLP

Full Fifth Circuit To Review Constitutional Challenge to Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act was a bipartisan measure passed by Congress in 2023 as part of a broader consolidated appropriations bill. The House of Representatives adopted the legislation despite the fact that less than...more

Warner Norcross + Judd

Enforcement Anxiety is Not a Compliance Strategy: TPS Updates and I-9 Pitfalls Employers Should Avoid

In recent weeks, many employers have found themselves in unfamiliar territory: TPS litigation is moving quickly, headlines suggest increased ICE enforcement and HR teams are being asked to “double-check everything.” That...more

Parker Poe Adams & Bernstein LLP

OSHA Says Workplace Burns From E-Cigarette Batteries Are Recordable Injuries

Occupational Safety and Health Administration regulations require employers to record work related injuries and illnesses on the OSHA 300 log. ...more

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

German Federal Labor Court: No Works Councils for Mere Delivery Zones

The German quadrennial works council elections in spring 2026 are approaching. The modern workplace—with matrix structures, platform work, and home office arrangements—raises questions of who is entitled to vote, and where...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Changes in 2026: What Every Saver and Sponsor Needs to Understand

Every year brings incremental changes to retirement plans, but 2026 is different. This isn’t just about higher contribution limits. It’s about a fundamental shift in how catch-up contributions are taxed — one that will...more

Vedder

U.S. DOL’s Wage and Hour Division Rings in the New Year With New FLSA Guidance

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In accordance with its promise to provide additional guidance regarding wage and hour issues, which we previously reported, on January 5, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a...more

Proskauer - Labor Relations Update

NLRB Refrain From Overturning Biden-Era Precedent – For Now

As reported, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely...more

Cozen O'Connor

FTC Warns Law Firms of Antitrust Risk with DEI Certification Program

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The Federal Trade Commission issued warning letters to 42 law firms regarding potential antitrust concerns tied to participation in Diversity Lab’s “Mansfield Certification” program, citing risks of competitor coordination in...more

Ballard Spahr LLP

New Year’s Resolution for Oregon Employers: Compliance with Newly Updated Paid Leave Oregon Regulations

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Oregon rang in the New Year with changes to regulations governing Paid Leave Oregon (PLO). The Oregon Employment Department (OED) issued modestly revised regulations (Rules) addressing a wide range of issues, including notice...more

Fisher Phillips

The Expanded New York Healthy Terminals Act Is Here: What Employers Must Know About the New Rules and Latest Guidance

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Now that the expanded New York Healthy Terminals Act (HTA) has officially kicked in, employers must make sure they understand their obligations and which workers are covered. Just before the updated rules took effect January...more

Woods Rogers

Clarifying Bonuses, Overtime, and Exempt Status in DOL’s Opinion Letters: What's the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E?, Labor & Employment attorneys Leah Stiegler and Fred Schutt unpack two Wage and Hour opinion letters issued by the Department of Labor earlier this year. They break down the DOL’s...more

Proskauer - California Employment Law

Another “Nuclear” Verdict Against A California Employer — $52 Million!

Barely a month into 2026, and a California jury has delivered another massive verdict in an employment case, awarding $52 million to five former employees following a whistleblower retaliation trial in Los Angeles. (Williams...more

Seward & Kissel LLP

Employment Litigation Roundup: January 2026

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The Delaware Court of Chancery recently recommended dismissal of an employer’s motion to enforce a two-year noncompete contained in a profits interest award against a former employee. The restriction prohibited the employee,...more

Constangy, Brooks, Smith & Prophete, LLP

An employer's harassment to-do list for our times

Easiest to-do list ever! As I reported recently, the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers...more

Holtzman Vogel Baran Torchinsky & Josefiak

New Federal Rule Removes Civil Service Protections for High-Ranking Career Employees in Policy Roles

The US Office of Personnel Management (OPM) announced that it finalized a new rule establishing a new category of federal employee, designated “Schedule Policy/Career,” for high-ranking career employees in confidential,...more

Littler

Dear Littler: Are There Any Concerns About Letting Our Employees Post Videos About Our Products?

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Dear Littler, I’m a marketing manager at a nationwide retailer. One of our sales associates is an aspiring “influencer” who asked if she could film a short video showcasing our new products for social media. This could be...more

Polsinelli

FTC Emphasizes Case-By-Case Approach in Workshop on Noncompete Agreements

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Key Takeaways - The FTC indicated it is not pursuing a national rule to ban noncompetition agreements but will continue bringing targeted enforcement actions against agreements it deems overly broad or unjustified....more

CDF Labor Law LLP

California Supreme Court “Clarifies” Standard for Enforcement of Illegible Arbitration Agreements

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In employment cases, Plaintiff’s claim that arbitration agreements with small or blurry print should not be enforced as substantively and procedurally unconscionable due to the difficulty in reading the words in the contract....more

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