Federal

The NLRB’s new General Counsel, Crystal S. Carey, just released Memo GC 26-04 and it’s a significant signal of where labor law enforcement is headed.

The Memo identifies some key positions she’s already taken, including seeking to overturn Biden-era precedents on severance agreements (McLaren Macomb), work rules (Stericycle), and captive audience meetings (Amazon). In the Memo, GC Carey signaled anticipated future challenges to Cemex bargaining orders, duty-to-bargain standards, and protections for employee conduct under Lion Elastomers.…

$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…

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…

The U.S. Equal Employment Opportunity Commission (“EEOC”) announced today that it is rescinding its interpretive guidelines regarding affirmative action under Title VII and the affirmative action section of its compliance manual.

These guidelines had been in effect for approximately 40 years. The EEOC press release states that while the original purpose of the guidelines was…

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…

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.…

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?