News & Analysis as of

Employer Liability Issues

Freeman Mathis & Gary

New Jersey Family Medical Leave Act expands in July 2026: what employers need to know

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The New Jersey Family Leave Act (“NJFLA”) is expanding in July 2026, imposing major ramifications for small business in NJ. More employers than ever will be covered under The Act. Far more employees will be eligible for...more

Jackson Lewis P.C.

Virginia General Contractors to Face Expanded Responsibility for Unpaid Wages

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Beginning July 1, 2026, potential liability of general contractors in Virginia for unpaid wages will greatly expand under newly enacted House Bill 238. This represents a major shift in risk allocation in the construction...more

Lathrop GPM

South Dakota Federal Court Allows Race Discrimination Suit to Proceed Against Denny’s Entities Despite Arguments that Separate...

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A federal court in South Dakota denied Denny’s Corporation and Denny’s Inc.’s motion to dismiss a Section 1981 claim after rejecting their argument that the plaintiffs, Damon Whitfield and Hector Madera, had named the wrong...more

Littler

Oregon Expands Protections for Immigration Status in the Workplace

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Oregon House Bill 4111, effective June 5, 2026, reflects Oregon’s continued shift toward protecting immigrant workers by limiting how a change in immigration status can be used in the workplace and how undocumented status can...more

Littler

New Jersey Appellate Division Recognizes Private Right of Action Under CREAMMA

Littler on

In a significant development for New Jersey employers, the state appeals court has held that the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) permits individuals, including...more

Fisher Phillips

New York Poised to Require Employee Access to Personnel Files: 7 Things Employers Need to Know

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New York employers should prepare for significant new obligations concerning employee access to personnel files. The New York Legislature just passed a bill that could soon grant current and former employees broad rights to...more

Miles & Stockbridge P.C.

You Can’t Make Them Stay: Understanding Maryland’s Worker Freedom Act

Gov. Wes Moore signed the Maryland Worker Freedom Act (SB 417) into law earlier this spring, making Maryland the 14th state to enact what is commonly referred to as a “captive audience” meeting ban....more

Constangy, Brooks, Smith & Prophete, LLP

Does an employer have to "accommodate" an employee who fails a drug test?

WHAT'S THE WORLD COMING TO? A probation and parole officer (we’ll call her “Suzie”) employed by the Oklahoma state Department of Corrections was diagnosed with attention deficit and hyperactivity disorder and had been on...more

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

Proposed California Pilot Program Would Expand DA Role in Workplace Safety

Legislation in the California Legislature would create a pilot program directing district attorneys in Alameda and Santa Clara counties to investigate workplace accident investigations and prosecute cases of workplace...more

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

FLSA Does Not Recognize Overtime ‘Gap Time’ Claims, 3rd Circuit Says

On June 3, 2026, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (FLSA) does not recognize overtime gap time claims, handing a partial win to a nursing and rehabilitation facility...more

Parker Poe Adams & Bernstein LLP

The ADA Interactive Process: Best Practices for Employers

Most employers know that the Americans with Disabilities Act (ADA) requires a covered employer to provide "reasonable accommodations" for qualified employees with disabilities. What gets less attention is the process the law...more

Morgan Lewis - Shifting Sands Of Labor Law

Navigating Employment Law in the Middle East: Termination of Employment in the ADGM

Morgan Lewis recently hosted the latest session in its Navigating Employment Law in the Middle East webinar series, focusing on the legal framework governing termination of employment in the Abu Dhabi Global Market (ADGM)....more

Seyfarth Shaw LLP

Florida Supreme Court Clarifies Standard for Private-Sector Whistleblower Claims

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On May 28, 2026, the Florida Supreme Court issued a significant decision in Gessner v. Southern Company, clarifying the standard for retaliation claims under Florida’s Private Sector Whistle‑Blower’s Act (“FWA”). The Court...more

Fisher Phillips

What Retailers Need To Know About The NLRB’s Joint Employer Standard + 4 Compliance Steps To Take Now

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Retail employers frequently operate through complex business arrangements – ranging from franchising models to staffing partnerships and in-store concessions. But, these relationships can unwittingly create potential legal...more

Houston Harbaugh, P.C.

Mobley v. Workday: The AI Vendor as AI Agent. Creating Potential New Liabilities

Welcome back to Defending the Algorithm™ - a LinkedIn newsletter from Pittsburgh law firm, Houston Harbaugh, PC, helping defense attorneys, insurance professionals, employment lawyers, corporate counsel and clients to...more

Morgan Lewis

Florida Supreme Court Clarifies Standard for Private Sector Whistleblower’s Act Claims

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Resolving a longstanding split among Florida appellate courts, the Florida Supreme Court has held that employees bringing retaliation claims under the private sector Whistleblower’s Act must prove that the challenged...more

Troutman Pepper Locke

Supreme Court Expands Flexibility for Multiemployer Plans in Setting Withdrawal Liability Assumptions

Troutman Pepper Locke on

“Prediction is easy — being right is hard.” The Supreme Court’s May 21, 2026, decision in the multiemployer withdrawal liability space affirmed this principle. In M & K Employee Solutions, LLC v. Trustees of the IAM National...more

Haynes Boone

U.S. Supreme Court Sides with Pension Fund on Timing of Actuarial Assumptions Used for Withdrawal Liability Calculations

Haynes Boone on

The United States Supreme Court recently ruled unanimously that the actuary for a multiemployer pension plan (“MPP”) may select actuarial assumptions used to calculate withdrawal liability after the measurement date, provided...more

Littler

From Beach Days to Final Paychecks: When Unused Vacation Time Must Be Paid Out in Connecticut

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As summer arrives and employees across Connecticut head out on vacation, paid time off (PTO) and vacation time can take on different meanings depending on who you ask. For employees, days they haven’t used yet can feel like...more

Offit Kurman

The NFL and the Limits of Arbitration Agreements: What Employers Need to Know

Offit Kurman on

Brian Flores, an NFL coach, recently made headlines after the U.S. Supreme Court declined to intervene in a dispute over whether his claims must be arbitrated. Flores asserted race discrimination claims against the NFL and...more

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

New Jersey Issues Controversial Final Regulations on ‘ABC Test’ for Independent Contractor Status

On May 5, 2026, following a yearlong rulemaking process, the New Jersey Department of Labor and Workforce Development (NJDOL) issued its final “ABC test” regulations, which become effective on October 1, 2026....more

Jackson Lewis P.C.

Understanding Employer Obligations under Chicago’s Updated Paid Leave and Paid Sick and Safe Leave Rules

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Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance requires employers to provide covered employees with up to 40 hours of Paid Leave that can be used for any reason and up to 40 hours of Paid Sick Leave annually. The...more

Tucker Arensberg, P.C.

Supreme Court Clarifies Timing of Actuarial Assumptions in ERISA Withdrawal Liability Calculations

Withdrawal liability is an exit price that an employer must pay when it stops contributing to a multiemployer pension plan that is underfunded (i.e., a plan that does not have enough assets to pay 100% of the retirement...more

Epstein Becker & Green

Chicago Paid Leave Rules Clarified and Now in Effect

Employers in Chicago: new rules that may require adjustments are now in effect. The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (OLS) adopted new rules for...more

Fisher Phillips

Florida Supreme Court Gives Employers Stronger Defense Against Whistleblower Claims: Your 6-Step Action Plan

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Does a fired employee who believes your company broke the law have a viable claim for retaliation under Florida’s whistleblower statute? Not without proving the conduct actually violated a law, rule, or regulation. The...more

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