Business, Management, Marketing, Money, Tax, Law, People

Quick Hits The Supreme Court ruled that the removal provision for Federal Trade Commission members violates the Constitution’s separation of powers. The Court’s overruling of a nearly ninety-year-old precedent could impact the president’s authority to remove leaders of other agencies, such as the NLRB and MSPB. The Trump v. Slaughter Decision In Trump v. Slaughter, No. 25-332, the Supreme Court ruled 6–3 against a legal challenge by former FTC commissioner…

Quick Hits The DOJ issued an opinion finding that the EEOC’s guidelines on disparate impact liability under Title VII are unconstitutional, reasoning that they impose liability on employers based on disparate effects alone without regard to intent. The DOJ’s opinion emphasizes that the burden of proof regarding the unreasonableness of an employment practice and its causation of disparities lies with plaintiffs, rather than employers. The DOJ also found the EEOC’s…

Quick Hits The Ninth Circuit ruled the arbitration agreement was enforceable because it was limited to employment-related claims. The court clarified that the broad language of “including but not limited to” in the agreement did not render it overly expansive, as other language in the agreement indicated it was limited to employment contexts. The court distinguished the case from recent California court decisions that have declined to enforce agreements based…

Quick Hits By a 6–3 vote, the Supreme Court in Lau held that border officers may “parole” a returning LPR based on suspected “commission” of an inadmissibility offense—not based on a conviction or on “clear and convincing” evidence of the commission of an inadmissibility offense—at reentry. Paroled LPRs can be physically present in the United States but are not legally admitted, which can disrupt employment authorization and other benefits tied…

Quick Hits On June 25, 2026, GSA published a notice confirming that Executive Order 14398, applies to “all non-FAR based-contracts,” with GSA, including real property leases, concession contracts, and outleases. The clause turns on race- or ethnicity-based actions across five domains, not on whether a program carries a “DEI” label, so a review limited to programs branded as DEI may miss what the clause actually prohibits. The notice is a…

Quick Hits Side gigs supported by digital apps are becoming more common. State laws may regulate whether an employer can fire a worker for moonlighting. Most employees are considered at will, but some have job protections from a union contract or individual employment contract. It is becoming more common for employees to have side gigs, particularly in roles like food delivery, ridesharing, online tutoring, social media management, creating content as…

Quick Hits The updated pilot program bill’s requirements would apply only to accidents occurring within Alameda County and Santa Clara County. The bill would require the BOI to “immediately notify” the district attorneys’ offices in Alameda or Santa Clara counties upon learning of a fatal accident or an “incident in which there is a serious injury to five or more employees.” If enacted as proposed, AB 2321’s provisions would remain…

Quick Hits The Rhode Island General Assembly wrapped up its 2026 legislative session on June 11, 2026, after passing several bills impacting employers. New enactments address grocery store self-service checkouts and employee monitors, provide warehouse worker protections, and expand Rhode Island’s Fair Employment Practices Act to cover domestic workers. Lawmakers failed to pass some notable proposals, including bills that would have regulated AI use and electronic monitoring in workplaces, provided…

Quick Hits The South Carolina Supreme Court recently held that an employer was not liable on theories of negligent hiring, supervision, or retention regarding an employee who had already been granted criminal immunity under the state’s “castle doctrine” after fatally shooting a customer during a workplace confrontation. The court’s reasoning centered on a critical distinction: when an employee’s use of force is determined to be lawful and justified, there is…

The changes—part of a broader EU simplification push following a provisional agreement reached between the Parliament, Council, and Commission on 7 May 2026—push back key compliance deadlines, introduce an outright ban on artificial intelligence (AI) tools used to generate nonconsensual intimate imagery, and resolve a long-standing overlap in the rules governing AI used in industrial machinery. The EU Council still needs to sign off before any of this takes legal…

Quick Hits Regulatory inspections and investigations under Ontario’s Occupational Health and Safety Act (OHSA) take several forms, including proactive and reactive visits by Ministry of Labour, Immigration, Training and Skills Development (MOL) inspectors who are empowered to enforce compliance with the OHSA and protect worker health and safety. MOL inspectors have broad enforcement powers, including entering a workplace without a warrant or prior notice. Beyond the obligations established by the…

Quick Hits A nonprofit has sued DOL under FOIA to compel disclosure of federal contractors’ 2021 and 2022 Type 2 EEO-1 data, the most recent reporting years targeted by such a request. The suit mirrors an earlier case in California, Center for Investigative Reporting v. U.S. Department of Labor, where the same type of FOIA request for contractor EEO-1 data led to disclosure of the 2016 through 2020 reports. The…

Quick Hits A number of states passed new laws in 2026 related to paid and unpaid leave, employment discrimination, child labor, noncompete clauses, and pay transparency, among other things. These new state laws will take effect on July 1, 2026, unless otherwise noted. See our article, “2026 Midyear State and Local Minimum Wage Increases,” for a roundup of changes to state minimum wage rates taking effect in mid-2026. Arkansas In…