Joining the party: Virginia’s new Don’t Ask Me What I Made law
5/21/26
By: Kendal Ashman and Joshua Ferguson
Virginia has enacted a pay transparency law that prohibits employers from requesting or relying on a job applicant’s wage or salary history during hiring or compensation decisions.
The bill, which was signed by the …
New Jersey Department of Labor codifies ABC test for independent contractors
5/18/26
By: Andrew Sheppard
On May 5, 2026, the New Jersey Department of Labor enacted final regulations that codify the “ABC test” for determining whether a worker is an employee or an independent contractor under the New Jersey Unemployment Compensation Act, …
AI in employment decisions: New compliance considerations for California employers
5/15/26
By: Torre DiGiovanni
Artificial intelligence has been part of the employment landscape for several years, particularly in recruiting, screening, and evaluation processes. What many employers are only now beginning to appreciate, however, is the extent to which regulators expect those …
Fourth Circuit bars contractual shortening of Title VII and ADEA filing deadlines
5/1/26
By: Grace Crapps
A recent decision from the Fourth Circuit significantly limits employers’ ability to contractually shorten the time employees have to bring federal employment discrimination claims. See Thomas v. EOTech, 169 F.4th 259 (4th Cir., Mar. 4, …
ADA or FMLA? Why conflating the two creates serious legal risk
4/21/26
By: Paty A. Elizondo
Employees who request to work remotely or seek time away from work for medical reasons may implicate multiple employment statutes, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and, in …
Delaware’s new Pay Transparency Law: What employers need to know before 2027
4/15/26
By: Kaela Colyar
Delaware has joined a growing list of jurisdictions mandating pay transparency in job postings, adopting legislation that will take effect on September 26, 2027. The law imposes new disclosure and recordkeeping obligations on employers and reflects a …
DEI crackdown: New executive order reshapes compliance obligations for federal contractors
4/10/26
On March 26, 2026, President Trump issued an Executive Order titled “Addressing DEI Discrimination by Federal Contractors,” signaling a meaningful shift in how the federal government views and regulates diversity, equity, and inclusion (DEI) practices. The Order …
EEOC’s first major DEI enforcement action signals new litigation risk
4/2/26
By: Kendal Ashman
In a significant development reflecting heightened federal scrutiny of diversity, equity, and inclusion (DEI) initiatives, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $500,000 settlement with Planned Parenthood of Illinois. This resolution stems from an …
Sixth Circuit expands reach of EFAA: Sexual harassment claim may keep entire case in court
3/26/26
By: Madison Alvarez
The Sixth Circuit recently issued a decision with significant implications for employers relying on arbitration agreements. In Bruce v. Adams & Reese LLP, the court held that when a lawsuit includes a sexual harassment allegation covered …
Third Circuit shifts New Jersey anti-discrimination law post-Ames
3/17/26
By: Nicholas Franos
In Massey v. Borough of Bergenfield, the Third Circuit revived a white police officer’s suit of racial discrimination in hiring, reversing the district court’s grant of summary judgment and relying on the United States Supreme Court’s …
Sixth Circuit pushes back on NLRB’s Cemex strategy: Key limits on bargaining orders
3/12/26
By: Lyndsey Almeida
A recent decision from the U.S. Court of Appeals for the Sixth Circuit significantly limits the National Labor Relations Board’s effort to expand the circumstances under which employers can be forced to recognize and bargain with a …
The EEOC’s new DEI enforcement posture: What employers need to know (and do now)
3/11/26
By: Sunshine Fellows
In the last few weeks, the EEOC has sent a message that employers should not miss: DEI programs and initiatives that differentiate by protected class, or that are perceived to do so in design or effect, are …