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 Code. The new …
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 employees cannot pursue federal …
New Jersey Family Medical 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 eligible for …
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) …
EEOC signals a potential retreat from EEO‑1 reporting: What employers should really be watching
5/29/26
By: Sunshine Fellows
The U.S. Equal Employment Opportunity Commission (EEOC) has taken a notable step that could reshape how workplace demographic data is collected at the federal level. A recent proposal would eliminate or significantly scale back long-standing reporting frameworks, …
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
By: Josette Brooksbank
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 …