On July 8, 2026, in a case of first impression, the Ninth Circuit (which includes California) interpreted the effective date of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). As previously discussed in PERKS, the EFAA enables employees asserting sexual harassment or sexual assault claims to proceed in court to litigate certain claims despite the existence of a pre-dispute arbitration agreement with their employer.
New Illinois Law Requires Accommodations for Menopause-Related Conditions
By Davis+Gilbert PERKS on
Governor Pritzker has signed the Illinois Menopause Equity and Care Act. In doing so, Illinois has followed Rhode Island and Philadelphia, in including menopause-related conditions as a protected status under the state’s anti-discrimination laws.…
California Minimum Wage Set to Increase to $17.40 Per Hour in 2027
By Davis+Gilbert PERKS on
On July 31 Governor Newsom announced that California’s statewide minimum wage will increase to $17.40 per hour, effective January 1, 2027.
This will impact both exempt and non-exempt employees in California, as the minimum salary threshold for exempt employees is tied to the minimum wage. Accordingly, as of January 1, 2027, the minimum annual salary…
EEOC Proposes Eliminating Annual EEO-1 Race and Sex Reporting Requirement
By Davis+Gilbert PERKS on
On July 21, the U.S. Equal Employment Opportunity Commission (EEOC) voted to issue a Notice of Proposed Rulemaking that would rescind the requirement for most private employers with 100 or more employees to file annual reports with information about the race and sex of their employee populations. Members of the public will have 30 days…
Louisiana Amends Non-Compete Law to Protect Interns and Apprentices
By Davis+Gilbert PERKS on
Louisiana recently amended its non-compete statute to prohibit employers from entering into agreements with interns (whether paid or unpaid) and apprentices that “restrain [] the intern or apprentice from engaging in a business or an employment similar to that of the employer.”
Furthermore, an employer may not enter into any agreement with an intern or…
Second Circuit Emphasizes Importance of Accommodation Analysis in Remote Work Cases
By Davis+Gilbert PERKS on
The Second Circuit (which covers New York, Connecticut and Vermont) recently revived an employee’s ADA and NYC Human Rights Law (NYCHRL) failure-to-accommodate claims, which were based on his employer’s denial of his requests to work from home full-time, and then – when that request was denied – to work from home 3 days a week…
Recent Court Decision Underscores Need for Consistency in 401(k) Stable Value Fund Documentation
By Davis+Gilbert PERKS on
Many 401(k) plans allow participants to invest in a number of funds, including a “stable value” fund.
A recent court case, involving Maersk’s 401(k) plan, just decided last week, focused on their stable value fund.
On July 15, 2026, the U.S. District Court for the District of Massachusetts largely dismissed a proposed class action against…
$5 Million EEOC Settlement Highlights Importance of Disability Accommodation Compliance
By Davis+Gilbert PERKS on
$5 Million EEOC Settlement Puts Disability Accommodation Practices in the Spotlight
The U.S. Equal Employment Opportunity Commission (EEOC) announced earlier this week that it reached a $5 million settlement with Battelle Energy Alliance resolving allegations that the company denied disability accommodation requests under its COVID-19 vaccine policy, made unlawful disability-related medical inquiries, and, in some…
NYC Sick Leave Update: New Rules Affect Terminations and Rehires
By Davis+Gilbert PERKS on
Are your sick leave practices ready for upcoming compliance changes?
New York City has adopted amended final rules regarding paid and unpaid sick/safe time requirements. The new rules take effect July 23, 2026.
Most of the changes reflect the requirements that became effective earlier this year and the guidance previously issued by the City. However…
AI-Driven Layoff Decisions Face Legal Scrutiny in New Lawsuit
By Davis+Gilbert PERKS on
Employers: A Cautionary Tale about Using AI Tools in Decision-making
Twenty-six current and former employees have sued a major technology company in California federal court, alleging it used biased artificial intelligence systems to select workers for a May 2026 layoff affecting roughly 10 percent of its workforce.
The plaintiffs claim the tools measured productivity and…