On August 7, 2026, the Senate confirmed current National Labor Relations Board (NLRB or Board) Member David Prouty to a second term – Member Prouty was first appointed to the Board in 2021 by President Biden – and confirmed James Macy to fill one of two vacant Board seats. Mr. Macy’s appointment marks an important … Continue Reading
State and local legislatures were active throughout the last quarter in passing employment laws and ordinances concerning topics such as arbitration agreements, wage transparency requirements, and drug testing laws to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. As always, our team will continue … Continue Reading
On May 21, 2026, we predicted that employers’ longstanding obligations to maintain and report workforce demographic data, as required by the Equal Employment Opportunity Commission (“EEOC”), may be eliminated. That prediction has moved one step closer to becoming reality.… Continue Reading
A major new court decision could remake federal labor law for years to come. This decision – issued on July 21 by the U.S. Court of Appeals for the D.C. Circuit – signals that courts may soon revisit many longstanding legal standards governing labor law issues. The decision also highlights a new route for parties … Continue Reading
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
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
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
The United States Equal Employment Opportunity Commission (“EEOC”) is the nation’s primary workplace discrimination authority. Since its establishment as part of the Civil Rights Act of 1964, the federal agency has maintained jurisdiction over the investigation, mediation, and, in some instances, litigation of employment-based complaints.… Continue Reading
Two recent developments in Congress signal potentially significant changes affecting labor law as we move further into 2026. First, the House of Representatives passed the Faster Labor Contracts Act (H.R. 5408) on June 9, 2026. This bill would create a new process for negotiating collective bargaining agreements, in a way that significantly benefits unions. It … 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
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
