May 2026

Employers navigating accommodation requests to work remotely, take note:

A federal appeals court has ruled that full time telework is “rarely a reasonable accommodation,” affirming the dismissal of ADA claims brought by a former IT systems administrator who was denied full-time telework as a reasonable accommodation.

After being diagnosed with Autism, Major Depressive Disorder, and

Today, the Second Circuit heard oral arguments in a significant case about interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) — the 2022 law that allows individuals alleging sexual harassment to opt out of pre-dispute arbitration agreements.

This is only the second time the Second Circuit has considered the

Under SECURE 2.0, for plan years beginning after December 31, 2025, employer-sponsored retirement must provide a minimum number of statements on paper (for defined contribution plans at least 1 annually and for defined benefit plans at least once every 3 years).

On May 12, 2026, the Department of Labor (DOL) issued guidance stating that, because

Colorado Employers: A Highly Anticipated Update for You:

Colorado’s comprehensive AI law (the “CO AI Law”), originally set to take effect June 30, 2026, has been stayed by a federal magistrate judge following a constitutional challenge brought by xAI and supported by the DOJ, and the Colorado Attorney General has agreed not to enforce it.

What matters more when selecting 401(k) investments: results or process? A new proposal from the U.S. Department of Labor suggests the answer may be clearer than ever.

In a newly issued Benefits + Compensation alert, Mark Bokert, Alan Hahn, AliceRose Sherman, and William Szanzer break down the DOL’s proposed fiduciary “safe harbor” for investment selection

New Jersey employers:

On May 5, 2026, the New Jersey Department of Labor and Workforce Development adopted new regulations clarifying the state’s statutory “ABC test” for determining whether a worker is an independent contractor or an employee. These regulations apply the ABC test—which the state has applied in some contexts for nearly a century—to the

New York, Connecticut and Vermont employers, take note!

On May 4, 2026, the Second Circuit issued a ruling that affects FLSA collective actions. In Provencher v. Bimbo Foods Bakeries Distribution LLC, the court rules that a federal district court may not authorize notice to out-of-state potential opt-in plaintiffs in an FLSA collective action unless

Subscription businesses beware: the compliance landscape is shifting quickly, and regulators are paying close attention.

Even with uncertainty around the FTC’s “click to cancel” rule, enforcement isn’t slowing down. Federal and state authorities continue to prioritize automatic renewal practices, with new laws and actions shaping expectations in 2026.

What should your business focus on now?