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Probably not. The clause’s flow-down requirement contains an exception for subcontracts where the place of “delivery or performance” is outside the United States. Because the exception is written in the disjunctive (i.e., “expressed by mutually exclusive alternatives joined by or”), a subcontract performed outside the United States may qualify for the exception even when the finished goods are delivered in the United States. That relatively straightforward example, however, raises harder…

Quick Hits On October 6, 2026, Washington DOSH proposed updates to construction PPE rules to align with federal OSHA requirements, including requiring employers to ensure PPE properly fits each affected employee. The proposal also includes minor clarifications and housekeeping revisions, with public hearings in November 2026, comments due November 23, 2026, and intended adoption on March 2, 2027. DOSH’s primary purpose for this proposed rulemaking is to bring Washington’s construction PPE…

Quick Hits Germany’s Federal Labor Court held in a recent decision that if the body with authority to represent the company authorizes individual members to represent the company alone, the termination notice may be rejected if proof of that authorization is not attached. A rejection within one week is generally still considered prompt. The Case—Termination by Two of Three Supervisory Board Members The parties disputed the validity of two termination…

Quick Hits DHS is proposing a $70,000 fee for the first OPT recommendation for an F-1 student and a $30,000 fee for any subsequent OPT recommendation, including a STEM OPT extension. The SEVP-certified school would be responsible for paying the applicable fee before the designated school official could enter the OPT recommendation in the Student and Exchange Visitor Information System, but DHS acknowledges that schools may pass the cost on…

Quick Hits The DEA’s chief administrative law judge stayed marijuana rescheduling proceedings to consider adding a new GAO drug scheduling report to the hearing record and permit supplemental briefings concerning rescheduling all marijuana products, not just those approved by the FDA. Federal agencies must respond by October 13, 2026. After that, the judge will decide whether to admit the GAO report. Forty states and Washington, D.C., have legalized medical marijuana,…

Quick Hits A dental assistant for the California Department of Corrections and Rehabilitation (CDCR) alleged she faced whistleblower retaliation and constructive discharge after reporting safety concerns. The Court of Appeal affirmed a lower court’s decision that individual supervisors cannot be liable for retaliation under state law. The Court of Appeal overturned the lower court’s dismissal of the retaliation claim against the state and the CDCR. Farzana Chaudhry, a dental assistant…

Quick Hits Employers need to keep track of two diverging regulatory tracks: the EU AI Act, with transparency obligations enforceable as of August 2, 2026, and further high-risk AI restrictions from 2 December 2027; and the UK’s Data (Use and Access) Act 2025. The EU AI Act is a floor, not a ceiling: individual member states layer their own obligations on top. U.S. state-by-state AI related employment laws in Illinois,…

Quick Hits The obligations included in Mexico’s NOM-035 are contingent on the number of employees in the workplace; however, in all cases, employers must ensure the prevention of psychosocial risks through a policy. Employers that fail to comply with NOM-035 may be subject to fines ranging from $29,327.50 Mexican pesos ($1,623.06 USD) to $586,550.00 Mexican pesos ($32,464.37 USD). Employers’ Main Obligations Under NOM-035, employers must comply with, and keep evidence…

Quick Hits A California law taking effect on January 1, 2027, will allow employers to obtain TROs covering conduct directed against a workplace or employees generally, broadening the existing law that only allowed employers to apply on behalf of specific employees who suffered a credible threat of violence. The new law allows employers to seek TROs on behalf of a “reasonably identifiable group or class of employees” without being required…

Quick Hits Dismissals following an employee’s refusal to accept a unilateral, far-reaching relocation of the workplace may count toward the thresholds for mass dismissals, the European Court of Justice held in a June 2026 decision. Whether a workplace relocation is equivalent to a dismissal depends on the circumstances of the individual case, in particular the distance involved, the permanence of the change, and any compensatory measures offered. In the event…

Quick Hits Federal contractors encounter agency guidance at nearly every stage of contract performance. DOJ’s revised policy distinguishes between agency guidance that tracks binding regulations and guidance that is purely advisory. Under DOJ’s revised policy, noncompliance with agency guidance, standing alone, cannot establish an FCA violation. A contract that requires compliance with agency guidance can make that guidance enforceable or “material,” so the source of the obligation matters. DOJ may…