New York’s AI transparency push: What employers need to know about AB 3411B and AB 9581B
7/14/26
By: Kyle Hogan
New York employers using or considering the use of artificial intelligence (“AI”) should monitor two pending state bills. AB 3411B would amend New York’s General Business Law to require notices on “generative artificial intelligence systems,” …
Trump v. Slaughter: What employers need to know about the Supreme Court’s latest agency-power decision
7/10/26
By: Sunshine Fellows
The Supreme Court’s decision in Trump v. Slaughter is not an employment law case. It does not change employers’ obligations under federal employment laws. What it may change is how federal agencies enforce those laws.
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EEOC pulls the plug on decades-old affirmative action guidance: What employers should do now
7/6/26
By: Sunshine Fellows
In another significant shift in federal employment policy, the U.S. Equal Employment Opportunity Commission (EEOC) has moved to rescind its longstanding guidance on voluntary affirmative action under Title VII. The guidance, dating back to 1979, …
The Workday AI litigation moves forward: What employers should learn before the courts decide vendor liability
7/2/26
By: Sunshine Fellows
The landmark AI hiring case against Workday continues to gain momentum and is rapidly becoming one of the most closely watched employment-law challenges involving artificial intelligence. Earlier this month, Judge Rita Lin of the U.S. …
Massachusetts SJC affirms $1.4 million retaliation verdict despite acknowledged jury instruction errors
7/2/26
By: Alexandra Held
A recent decision from the Massachusetts Supreme Judicial Court (SJC) offers important guidance for employers defending retaliation claims under G.L. c. 151B. Although the Court affirmed a $1.4 million jury verdict despite acknowledging that the …
Title IX at the crossroads: Supreme Court to decide whether employees can sue under Title IX
6/26/26
By: Sunshine Fellows
The U.S. Supreme Court has agreed to hear Crowther v. Board of Regents of the University System of Georgia, a closely watched case that could significantly affect employment litigation involving educational institutions. The case presents …
A five-year plan that lasted two years: Lessons for employers from the EEOC’s enforcement reset
6/24/26
By: Sunshine Fellows
The U.S. Equal Employment Opportunity Commission (EEOC) recently took the unusual step of rescinding its Strategic Enforcement Plan for Fiscal Years 2024-2028 and replacing it with a new National Enforcement Plan (NEP) for Fiscal Years …
DOJ opinion signals potential shift in EEOC disparate impact framework
6/23/26
By: Katie Graham
Background and DOJ opinion
The U.S. Department of Justice recently issued an opinion challenging the constitutionality of how the Equal Employment Opportunity Commission (“EEOC”) currently interprets disparate impact liability under Title VII. On June 9, …
California’s Assembly Bill 692 prohibits “stay-or-pay” provisions within employment contracts
6/10/26
By: Mariam Grace and Daniel Parker Jett
Assembly Bill No. 692 (“Bill”) went into effect on January 1, 2026. The new Bill adds Section 16608 to the Business and Professions Code and Section 926 to the Labor …
Third Circuit delivers employer-friendly FLSA ruling: No federal recovery for “overtime gap time” claims
6/9/26
By: Sunshine Fellows and Joseph McGuire
In a closely watched wage-and-hour decision, the U.S. Court of Appeals for the Third Circuit narrowed the scope of potential liability under the Fair Labor Standards Act (FLSA), holding that …
New Jersey Family Leave Act expands in July 2026: what employers need to know
6/5/26
By: Emily Drennan
The New Jersey Family Leave Act (“NJFLA”) is expanding in July 2026, imposing major ramifications for small business in NJ. More employers than ever will be covered under The Act. Far more employees will be …
Supreme Court expands FAA exemption for last-mile drivers, raising new arbitration risks for employers
6/4/26
By: Sunshine Fellows
On May 28, 2026, the United States Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock, No. 24-935, clarifying that certain “last-mile” delivery drivers may fall within the Federal Arbitration Act’s (FAA) …