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Another Blow to Mandatory Arbitration: Supreme Court Further Expands Transportation Worker Exemption Under the Federal Arbitration Act to “Last-Mile” Drivers (US)

Squire Patton Boggs’ Summer Associate Addyson Fry discusses a recent United States Supreme Court decision addressing the exemption under the Federal Arbitration Act applicable to transportation workers engaged in interstate commerce. For decades, employers have relied on arbitration agreements to manage workplace disputes efficiently and predictably. But recent United States Supreme Court decisions have steadily … Continue Reading

Key Legal Updates for Employers: Join Us for Our May Webinar Series

This May, join us for a four‑part webinar series focused on timely US labor and employment law developments affecting employers. Each session offers one hour of practical insights. Choose the sessions most relevant to your needs, or join us for the full series. This complimentary series is designed for HR leaders, in‑house counsel, compliance teams … Continue Reading

Washington State Tells Employers Not to Get Under Their Employees’ Skin: New Law Limits Ability to Microchip Employees (US)

On March 11, 2026, Washington state Governor Bob Ferguson signed a law prohibiting employers from requiring employees to have tracking chips implanted beneath their skin as condition of employment. Washington now joins Arkansas, California, Missouri and ten other states which have passed similar laws, all addressing advances in workplace surveillance technology.… Continue Reading

Rethinking Summary Judgment in Employment Discrimination Litigation (US)

When Congress passed Title VII of the Civil Rights Act of 1964, it failed to address how a plaintiff is required to prove employment discrimination in the absence of direct evidence. Since then, a series of tests have evolved articulating how a plaintiff can defeat a defendant-employer’s motion for summary judgment relying on circumstantial evidence. … Continue Reading

Trump v. Slaughter and the Potential Impact on Agency Independence (US)

The United States Supreme Court recently heard oral argument in Trump v. Slaughter, a case centering on the March 2025 removal of Rebecca Kelly Slaughter as Commissioner of the Federal Trade Commission (“FTC”). As the court deliberates, a decision in favor of the government could limit or overturn Humphrey’s Executor v. United States (“Humphrey’s Executor”) … Continue Reading

Rule Abandoned, Crackdown Continues: The Federal Trade Commission’s New Non-compete Strategy

We’ve been updating on developments involving the Federal Trade Commission’s (FTC) proposed rule banning nearly all employee non-competition agreements since it was first announced in January 2023 (see here), thereafter enjoined on a limited basis by a Texas federal court in July 2024 (see here), and then enjoined on a nationwide basis in August 2024 … Continue Reading

With the NLRB Unable To Decide Cases, States Move to Fill the Void (US)

Squire Patton Boggs Summer Associate Akshey Mulpuri discusses legislative developments in several states attempting to address the current incapacity of the National Labor Relations Board due to lack of a quorum. Since January 27, 2025, when National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox was removed from that position, the NLRB – the … Continue Reading

Florida’s Employer-Friendly “CHOICE” Act Establishes New Protections for Garden Leave and Noncompete Agreements (US)

Squire Patton Boggs Summer Associate Daniel Doherty details how new legislation in Florida will impact employers’ use of garden leave and noncompete agreements in the Sunshine State. On April 24, 2025, Florida lawmakers passed business-friendly legislation that impacts Florida’s regulation of noncompete and garden leave agreements and expands employer enforcement power for such agreements. The … Continue Reading

SECURE Act 2.0 Mandatory Automatic Enrollment Requirements for New Retirement Plans Guidance Released (US)

One of the hallmarks of the SECURE 2.0 Act of 2022 (SECURE Act 2.0) legislation was to increase participation in retirement plans. On January 10, 2025, the Treasury Department and the IRS came one step closer when they announced the issuance of proposed regulations requiring automatic enrollment for new Code Section 401(k) and 403(b) retirement … Continue Reading

The Department of Labor Adopts Self-Correction for Common Retirement Plan Fiduciary Breaches

In a timely blog post on our firm’s Pensions and Benefits blog, Squire Patton Boggs’ Stacey Grundman of our Tax Strategy & Benefits practice discussed recent changes to the Department of Labor’s Voluntary Fiduciary Correction Program. The changes added a Self-Correction Component for fiduciary failures and finalized an amendment to an existing prohibited transaction exemption … Continue Reading

Federal Court Vacates U.S. Department of Labor Rule Increasing Salary Threshold for White Collar Exempt Employees (US)

Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to … Continue Reading

Mental Health Parity and Addiction Equity Act Final Rules (“Final Rules”) Are Released: Plans and Issuers Must Prepare for January 1, 2025 Effective Date (US)

Members of our Labor & Employment practice and Healthcare industry group discuss the long-awaited Final Rules amending the Mental Health Parity and Addiction Equity Act (“MHPAEA”) that were released on September 9, 2024. The full post is available on our sister blog, Triage Health Law.… Continue Reading

“Captive Audience” Meetings Banned By New California Law (US)

California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.… Continue Reading

US Labor & Employment Webinar Series

Join us for our October US Labor & Employment Webinar Series where we will highlight some of the key issues employers are facing today and explore where the employment law landscape is headed. Approval for CLE and HRCI credit is anticipated for all three events. Continue reading this post for more detail on the events … Continue Reading

California Supreme Court Says Even a Single Slur by a Coworker Can Give Rise to Employer Liability for Hostile Work Environment and Retaliation (US)

The California Supreme Court in Bailey v. San Francisco District Attorney’s Office (S265223, July 29, 2024) clarified the circumstances under which a single racial slur by a coworker can lead to employer liability and further expounded on the type of conduct that can constitute an adverse employment action giving rise to a claim of retaliation. … Continue Reading

Four year series of fixed-term contracts doesn’t automatically result in permanent employment (UK).

So you employ an individual on a series of fixed term contracts and after four years they seek a declaration that they should have been given a permanent employee job doing basically the same thing. Does that sound fair? Well, in Lobo v University College London Hospitals NHS Foundation Trust, the Employment Appeal Tribunal said, … Continue Reading

Religious Relief: Eighth Circuit Decides Employees’ Failure-to-Accommodate Claims Can be Heard Under Minnesota Law (US)

Squire Patton Boggs’ Summer Associate Sam Triplett discusses a recent federal appeals court decision addressing the scope of Minnesota’s employment discrimination statute. Competing Beliefs The tensions between science and religion started long before the COVID-19 pandemic. Just ask Galileo. However, the pandemic brought this struggle to the forefront, especially in the workplace. At a time … Continue Reading

The New Jersey Law Against Discrimination: New Guidance Clarifies How State Anti-Discrimination Protections Apply to Remote Workers (US)

Squire Patton Boggs’ Summer Associate Luis Ayala Gutierrez discusses recent guidance relating to the application of New Jersey’s employment discrimination law to remote workers. Although the pandemic is (mercifully) mostly behind us, many employers who implemented remote work arrangements as a pandemic measure have retained hybrid in-office/remote or fully remote workforce arrangements, providing employees with … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge Lite

Do you need to understand the essential provisions of global employment laws? Introducing Global Edge Lite (GE Lite), the compact version of our award-winning subscription-based tool, Global Edge. Covering up to 30 key jurisdictions, GE Lite is entirely free-to-use and allows you to access commercial and pragmatic information on some of the issues we most … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge – Helping Businesses Save Time and Reduce Costs

Global Edge, our award-winning product developed exclusively by our global network of leading employment lawyers, gives instant access to the latest employment law developments. The tool provides clear, reliable, up-to-date answers on key employment law topics around the world, and maps out future legislative change. It is one of a suite of products and services … Continue Reading

Labour and Employment Technology Week: Spotlight on Global HR Audit – Updated for 2024!

Innovation is at our core. We are attuned to the fast-paced changes taking place around the world and are constantly looking to provide cost-efficient solutions. We continually seek to innovate to support and make effective use of technology to help deliver a consistent and streamlined service when managing complex multijurisdictional mandates. Over the years, our … Continue Reading

Employee sent packing after empty bag theft — mitigation in dishonesty dismissals (UK)

Last month the BBC reported the Employment Tribunal’s decision that it was fair to dismiss a Mr Doffou for gross misconduct because he had not paid for a handful of bags he packed his shopping in after his shift. Mr Doffou had been happily employed at Sainsbury’s in Romford for nearly 20 years when given … Continue Reading
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