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 …
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 …
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 …
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 …
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 …
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 …
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, …