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
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that materially reshapes the agency’s approach to adjustment of status (AOS), the process by which many foreign nationals apply for a green card from within the United States. Although presented as a reaffirmation of existing law, the memorandum directs immigration officers … Continue Reading
Since 1966, employers with more than 100 employees and certain federal contractors with more than 50 employees have been required by the Equal Employment Opportunity Commission (“EEOC”) to annually report data about the demographics of their workforce, specifically disclosing statistics reflecting the racial, ethnic and gender composition of their workforce. Receiving this information directly from … Continue Reading
Since the COVID-19 pandemic forced many employees to temporarily work from home, employers have struggled to bring those remote employees back to the office. Since the return to business as (almost) usual, many employees have asked to extend their flexible teleworking arrangements, sometimes by requesting remote work as a disability accommodation. Those employees would do … 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, 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
USCIS has announced that the FY 2027 H‑1B cap registration window will run from March 4 to March 19, 2026. During this period, employers seeking to sponsor H‑1B workers for this year’s lottery (covering employment beginning October 1, 2026) must use a USCIS online account to electronically register each beneficiary for the selection process and … Continue Reading
Records of criminal convictions can last a lifetime, and thus can bring a lifetime of difficulty for employees with a criminal conviction history in finding employment, leaving them significantly disadvantaged before they even make it into the interview room. Lack of employment or difficulty assimilating after spending time in the criminal justice system can further … Continue Reading
The Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) started out 2026 by announcing several new procedural protocols and updated guidance and policy goals.… Continue Reading
For a variety of reasons, including confidentiality and protection of trade secrets, many employers maintain policies that prohibit or limit employees from making audio or visual recordings in the workplace. These policies were targeted by the National Labor Relations Board (NLRB) under the previous Administration, which found them unlawful under the employee and union-friendly standard … Continue Reading
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
Some Ohio construction businesses may need to prepare now for upcoming changes to state law imposing new requirements related to verifying worker eligibility.… Continue Reading
For nearly a year, the National Labor Relations Board has lacked a quorum of at least three confirmed members, and thus it has been unable to decide cases arising under the National Labor Relations Act, including unfair labor practice disputes and contested union representation cases. That ended on January 7, 2026, when two President Trump … Continue Reading
