It is a common practice across employers of all sizes and industries to pay employees on a biweekly (every two weeks) payroll cycle. With 52 weeks in a year, that means 26 pay periods in a year. But every decade or so, an unusual circumstance arises in which employees who are paid biweekly will have … Continue Reading
On November 12, 2025, the federal government finally reopened after a 43-day shutdown – the longest in U.S. history. During the period of a government shutdown, federal employees cannot be paid and can only be paid when Congress reaches a deal and the lapse in appropriations ends. While this means that hundreds of thousands of … Continue Reading
One month after issuing a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposed a $100,000 fee for certain H-1B visa petitions, United States Citizenship and Immigration Services (USCIS) published clarifying updates that echo similar updates from other agencies. The USCIS update is available HERE under the drop-down “Presidential Proclamation on Restriction on … Continue Reading
On November 5, 2025, the United States Court of Appeals for the Sixth Circuit issued an opinion in NLRB v. Starbucks Corp., joining with the Third and Fifth Circuits in finding the National Labor Relations Board (NLRB or Board) exceeded its authority under the National Labor Relations Act (NLRA) by ordering an employer to compensate … Continue Reading
Throughout October 2025, California Governor Gavin Newsom signed multiple employment-related Bills into law. These new measures address a wide range of workplace-related matters, including regulations aimed at the use of artificial intelligence, updates on paid leave, and amendments to mediation procedures. While some of these Bills will be subject to legal challenges that delay or … Continue Reading
Update (10/27/2025) – On October 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of California and its Public Employment Relations Board in a California federal court seeking a declaratory judgment and an injunction against California’s recently-passed law regulating private sector labor relations when the NLRB lacks a quorum. The lawsuit … Continue Reading
As part of the U.S. Department of Labor’s opinion letter program, the Department’s Wage and Hour Division recently issued four opinion letters aimed at bringing clarity, uniformity, and transparency to the application of federal labor standards.… Continue Reading
On September 19, 2025, President Trump issued an Executive Order (EO) establishing the “Gold Card” program, designed to facilitate and expedite the immigrant visa (“green card”) process for individuals who make a $1 million donation (or $2 million if made by a corporation on behalf of the individual) to the United States. Unlike the traditional … Continue Reading
On Friday, September 19, 2025, President Trump issued a Proclamation entitled “Restrictions on Entry of Certain Nonimmigrant Workers” that imposes a $100,000 fee for most new H-1B visa petitions and restricts the ability of certain H-1B visa holders to enter the United States. The H-1B visa is the workhorse of the U.S. immigration system, currently used … Continue Reading
Remote work has become significantly more prevalent in recent years. What began as a necessity during the pandemic has evolved into a mainstream practice, with many organizations embracing hybrid or fully remote workforces to attract and retain talent. However, this trend also creates uncertainty for employers around wage-and-hour compliance, such as tracking hours worked and … Continue Reading
Update (9/15/2025 4 p.m. ET) – On September 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of New York and its Public Employment Review Board in a New York federal court seeking a declaratory judgment and an injunction against New York’s recently-passed law regulating private sector labor relations when the … Continue Reading
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
Social media influencers are everywhere – TikTok, Instagram, even LinkedIn – and employers are taking notice. And it’s not just professional content creators and celebrities – everyday employees are also building followings and shaping opinions online, including in ways that directly implicate their employers’ brands. … Continue Reading
On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96 into law. Although that law generally relates to setting Ohio’s operating budget for the 2026-2027 fiscal year, it also includes a “mini-WARN” provision which will require covered employers to provide notice to certain employees affected by plant closings and mass layoffs in … Continue Reading
The Sixth Circuit’s recent decision in Bivens v. Zep, Inc. set forth a significant departure from circuit precedent regarding employer liability for third-party harassment and signaled a potential opening for other courts to challenge the authority of the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance in this area. On August 8, 2025, the Sixth Circuit … Continue Reading
Since its enactment in 2023, the Pregnant Workers Fairness Act (PWFA) and its 2024 implementing regulations have drawn a firestorm of criticism from religious and faith-based employers over its employment-related protections for employees seeking or obtaining an abortion. If the recent spate of decisions from within the Fifth Circuit is any indication, the legal tempest … Continue Reading
In Hohenshelt v. Superior Court, No. S284498, the Supreme Court of California addressed whether the Federal Arbitration Act (“FAA”) preempts California Code of Civil Procedure section 1281.98, a provision within the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations. In 2019, the California Legislature enacted section 1281.98, which seemed … Continue Reading
A New York federal court recently ruled in Cecilia Prichard v. Long Island University that the U.S. Equal Employment Opportunity Commission (“EEOC”) must conduct a fulsome investigation of an employee’s allegations of discrimination before authorizing the employee to file a lawsuit in federal court. The decision directly conflicts with decisions issued in the Second, Ninth, … Continue Reading
The first half of 2025 is off and running with U.S. state and local jurisdiction employment law developments concerning topics such as paid sick leave, family leave, restrictive covenants, anti‑discrimination and AI, pay stub requirements, gender identity protections, and meal and rest breaks, to name a few. As always, minimum wages continue to increase in … Continue Reading
On July 29, 2025, United States Attorney General Pam Bondi issued new guidance that significantly changes how the government interprets federal antidiscrimination laws to apply to entities receiving federal funds – including private and public employers, state and local governments, and educational institutions – particularly with respect to entities that maintain Diversity, Equity, and Inclusion … Continue Reading
The United States Department of Labor (DOL) recently expanded opportunities for employers to self-audit and correct violations of various wage/hour and leave laws it administers. These self-audit programs are intended to assist employers in complying with the law while advancing worker protections. Some of these programs – some of which are new and others expansions … Continue Reading
On July 4, 2025 President Trump signed into law The One, Big, Beautiful Bill Act, whichcontains key employee benefit changes relating to fringe benefits, executive compensation and health and welfare plan benefits. We look at the key employee benefit changes that you should be aware of in this Insight.… Continue Reading
The White House has nominated two additional members to the National Labor Relations Board, in a move that should help the Board operate in full capacity soon after it has lacked a quorum for most of this year.… Continue Reading
As readers of this blog know, on January 1, 2025, New York became the first state in the country to require a separate bank of paid leave specifically for prenatal healthcare services. The Paid Prenatal Leave (“PPL”) law guarantees 20 hours per year of paid leave for eligible employees to attend pregnancy-related healthcare appointments such … Continue Reading
