News & Analysis as of

Employer Liability Issues

Herbert Smith Freehills Kramer

Whistleblower laws: Developments and trends across Australia and the Asia Pacific

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

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

Groundbreaking Lawsuit Tests Whether AI Hiring Tools Trigger FCRA Compliance

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

Miller Nash LLP

Ninth Circuit Again Affirms Employer’s Religious Freedom Rights

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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

Berkshire

Regulatory News 2026 EEO Compliance Calendar

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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

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit clarifies overtime liability: Employer knowledge is still required

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

Constangy, Brooks, Smith & Prophete, LLP

Bad luck for this employer with separation agreement

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

Seyfarth Shaw LLP

FLSA Releases: When Employers Might Get the Benefit of Their Bargain

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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

Herbert Smith Freehills Kramer

Employment & Workplace Relations In Australia Legal Guide

Introduction - The Australian Herbert Smith Freehills Kramer Employment, Industrial Relations and Safety team help our clients achieve success across the full range of workplace issues. In truth, the legal and social...more

Bergeson & Campbell, P.C.

Austrian Academy of Sciences Publishes NanoTrust Dossier on OELs for Nanomaterials

In January 2026, the Institute of Technology Assessment of the Austrian Academy of Sciences published a NanoTrust Dossier entitled “Occupational Exposure Limits for Nanomaterials.” ...more

Bradley Arant Boult Cummings LLP

Love Was Not in the Air — and the EEOC and a Jury Took Notice

On January 16, 2026, a federal jury in Atlanta awarded $5.5 million to a security guard who alleged that her security company’s vice president of operations sexually harassed her....more

Weber Gallagher Simpson Stapleton Fires &...

Assaults at the Workplace – The Defenses May Not Be What You Think

For some odd reason, we have had several workplace assault claims come to us recently. As a result, we have had to dust off and update our research into the compensability of the claims and the injuries sustained. The...more

Troutman Pepper Locke

Independent Contractors and Joint Employment Doctrine: January 2026 IC Legal News Update

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We report on four key legal developments last month involving independent contractor (IC) misclassification, the most important of which was a decision involving the joint employment doctrine. Class action lawyers alleging IC...more

Amundsen Davis LLC

Employers Beware: Uptick in BIPA Lawsuits Targeting AI Note-Taking Software

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A new wave of litigation under the Illinois Biometric Information Privacy Act (BIPA) has emerged, zeroing in on a technology many employers now routinely use: AI-powered meeting transcription and note-taking tools. In...more

Loeb & Loeb LLP

2026 Key Employment Law Changes in New York, Illinois and California

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The past year brought a number of changes impacting private employers, the government and the legal industry. If the first month of 2026 is any indicator, this year will be just as busy. The start of the year serves as an...more

Phelps Dunbar

Texas Orders a Halt to New H-1B Petitions By State Agencies and Public Universities

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Texas Gov. Greg Abbott told Texas state agencies and public universities in late January that they must stop filing new H‑1B visa petitions unless they secure a written exception from the Texas Workforce Commission (TWC). The...more

Pullman & Comley - Labor, Employment and...

Connecticut Final Pay Laws: Employer Obligations and the Cost of Non-Compliance

Connecticut maintains some of the strictest final pay requirements in the nation. When employment ends, employers face rigid statutory deadlines. Miss them, and the potential consequences multiply quickly: Double damages....more

K&L Gates LLP

New Jersey Expands Rights Under the New Jersey Family Leave Act

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On 17 January 2026, outgoing New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3451 (AB 3451), expanding the category of employers covered by the New Jersey Family Leave Act (NJFLA) and the employees eligible...more

Morgan Lewis - Shifting Sands Of Labor Law

Ramadan in the Arab Gulf Cooperation Countries: What Employers Need to Know

Ramadan is anticipated to start on February 19, 2026, subject to the sighting of the new crescent moon. It is the ninth month in the Islamic lunar calendar and a period of fasting, worship, and spiritual development....more

Venable LLP

Workplace Recordings in the Digital Age: Balancing Employee Rights and Employer Protections

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From virtual meetings to security cameras and smartphones, or even AI glasses and recordings, employees are finding new and novel ways to capture workplace discussions and settings more easily....more

Miller Nash LLP

[Webinar] Workplace Investigations on the Rise in the Construction Industry: What to Look For, Why It Matters, and How to Get It...

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Construction employers face unique challenges when responding to workplace complaints. Rotating crews, multiple employers and unions operating on the same jobsite, and informal, fast-paced communication styles can increase...more

Partridge Snow & Hahn LLP

W-4 “Exempt” Claims: What Employers Need to Know Before Accepting Revised Forms

At the start of every year my social media algorithms are often inundated with ads for “tax strategists” and ways to decrease your taxes. New this year (at least to me) are posts providing “advice” on how to minimize income...more

K&L Gates LLP

New York Employment-Law Update: 2026 Brings a Wave of New State and Local Laws for New York Employers

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New York state and New York City (NYC) continue to advance an extensive and evolving framework of workplace regulations. Several new statutory and regulatory developments will impact employers across industries in 2026. These...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment for Lack of Causation Granted in Asbestos Case

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Court: United States District Court for the Central District of California - Plaintiffs filed suit against multiple Defendants, including Lockheed Martin Corporation, due to decedent Alice Faulk’s asbestos exposure,...more

DLA Piper

Preparing For The Workplace Fairness Act: Dispute Resolution, Risks And Next Steps For Employers

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At a glance - On 4 November 2025, Singapore's Parliament passed the Workplace Fairness (Dispute Resolution) Bill, which establishes a dispute resolution framework for workplace discrimination claims. With this second...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

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