California employers that seek to enforce arbitration agreements with their employees may feel like they are playing the game of “Whack-A-Mole.” For those unfamiliar, the game of “Whack-A-Mole” is played on a machine with a table-like play area top, an elevated display screen and a large, soft mallet. Five to eight holes in the play … Continue Reading
When workplace investigations hit the headlines, the risks can escalate quickly. Suddenly, employers are dealing with media attention, social media commentary, employee concerns and potentially serious reputational risk – all while trying to conduct a fair and effective investigation. We were recently privileged to host the International Employment Lawyer’s Workplace Investigations Masterclass, which included three … Continue Reading
The U.S. Supreme Court’s June 29 decision in Trump v. Slaughter may significantly reshape how independent federal agencies, such as the National Labor Relations Board (NLRB), operate. Although the case arose from President Donald Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, the Court used the dispute to overrule Humphrey’s Executor v. United … Continue Reading
When workplace investigations hit the headlines, the risks can escalate quickly. Suddenly, employers are dealing with media attention, social media commentary, employee concerns and potentially serious reputational risk – all while trying to conduct a fair and effective investigation. We were recently privileged to host the International Employment Lawyer’s Workplace Investigations Masterclass, which included three … Continue Reading
When workplace investigations hit the headlines, the risks can escalate quickly. Suddenly, employers are dealing with media attention, social media commentary, employee concerns and potentially serious reputational risk – all while trying to conduct a fair and effective investigation. We were recently privileged to host the International Employment Lawyer’s Workplace Investigations Masterclass, which included three … Continue Reading
As we previously reported here, the Virginia legislature enacted a number of recent employment law updates. The most recent addition to this roster is Virginia’s expanded paid sick leave statute. On May 20, 2026, Virginia Governor Abigail Spanberger signed into law House Bill 5/Senate Bill 199, which mandates that all private employers and nearly all … Continue Reading
Many employers collect biometric data like retina or iris scans, voiceprints, hand scans, fingerprints, facial scans and DNA from their employees to track working hours, allow employee admittance to secure areas or provide access to pay stubs, among other reasons. The Illinois Biometric Information Privacy Act (BIPA) was enacted in 2008 to regulate and safeguard … Continue Reading
Italy recently introduced Decree-Law No.62/2026 which seeks to address three key areas: (i) the definition of “fair wages”; (ii) the restructuring of social security contribution exemptions as part of efforts to boost employment levels; and (iii) the protection of workers engaged through digital platforms. The most significant change is the introduction of a new concept … Continue Reading
Effective performance management is not only a business necessity, but also one of the most important tools for reducing employment litigation risk. Few workplace decisions create more potential legal exposure than disciplining or terminating an employee for subjective performance-related reasons. In many cases, a lawsuit is not driven solely by the termination itself, but by … Continue Reading
Recently we were catching up with some clients in our London office and discussing the potential implications of the Employment Rights Act (ERA) 2025. What became clear from our conversations was that many businesses are grappling with similar issues as they prepare for implementation of this very significant new piece of employment legislation. Below is … Continue Reading
State and local legislatures were active throughout the first quarter of 2026 in passing employment laws and ordinances concerning topics such as youth employment, workplace electronic monitoring, and noncompete agreements, to name a few. As always, our team will continue to monitor these and other state employment law developments. If you have questions or need … Continue Reading
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
On February 6, 2026, the California Labor and Workforce Development Agency (LWDA) issued a Notice of Proposed Rulemaking to implement and further address the 2024 amendments to California’s Private Attorneys General Act (PAGA). These proposed regulations represent the next phase of reform and are intended, as the LWDA explains, to “make more transparent and effective … Continue Reading
In recent years workplace leave policies and related legal frameworks have expanded to address a broader range of employee needs, including bereavement, pregnancy loss and paid family leave. Against this backdrop, legislators also are increasingly recognizing the personal and emotional significance of companion animals. As that recognition continues to expand, employers may be seeing early … Continue Reading
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
Although rare, from time to time an employer may sue a current or former employee who makes negative public comments about the employer. In such cases, the employer may allege that the employee’s comments constitute defamation or tortiously interfered with the employer’s business relationships. Not surprisingly, the threat of litigation can have a substantial deterrent … Continue Reading
On March 6, 2026, Argentina enacted its sweeping Labor Modernization Law, a reform that reshapes the country’s employment framework and introduces the most significant changes to labor relations in decades. With 196 articles, the law goes far beyond amending the Employment Contract Law (LCT), touching collective bargaining, labor procedures, severance systems and employer costs. Below … Continue Reading
On March 6, 2026, the United States Court of Appeals for the Sixth Circuit became the first federal appeals court to reject the National Labor Relations Board’s (NLRB or Board) 2023 decision in Cemex Construction Materials Pacific, LLC, in which the NLRB changed the standard for issuing affirmative bargaining orders requiring employers to recognize and … Continue Reading
As we previously reported here and here, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act (“FAA”) by invalidating clauses in employment agreements mandating arbitration of sexual harassment and sexual assault cases. The EFAA permits a claimant in a sexual assault or sexual harassment case … Continue Reading
From Albany to Manhattan, employers in some of the nation’s largest jurisdictions are facing significant legal changes. Staying ahead of these developments is essential to maintaining compliance and minimizing risk. This update highlights several key employment law changes in New York state and New York City that employers should be aware of now.… Continue Reading
In enforcing the National Labor Relations Act (Act), the National Labor Relations Board (NLRB or Board) exercises two principal functions: it supervises and conducts union representation elections through which employees decide whether be represented by a union, as well as decides cases involving alleged violations of the Act, referred to as unfair labor practice charges … Continue Reading
Today, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) proposing to rescind the 2024 independent contractor rule and reinstate—largely—the 2021 rule’s analytical framework for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposal would also expressly apply that framework to the Family and Medical … Continue Reading
Marijuana has been and is presently classified as a Schedule I drug under the federal Controlled Substances Act (CSA), defined as having high abuse potential with no accepted medical use (Schedule I also includes heroin, LSD and MDMA (commonly known as “ecstasy”)). First recommended by the Biden Administration in 2023, on December 18, 2025, President … Continue Reading
Job applicants often worry about what sorts of things may prevent them from obtaining a position. Although applicants may understand that a lack of qualifications or experience can work against them, they might not be as aware that recruitment and hiring tools used by employers may be working against them as well. The processes employers … Continue Reading
