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Quick Hits The WHD issued two companion opinion letters, FLSA2026-9 and FLSA2026-10, that together explain how it analyzes whether commute and pre-commute time is compensable under the FLSA. The unifying test is the “primary beneficiary” analysis—time predominantly for the employer’s benefit is work, time predominantly for the employee’s benefit is not—applied to the totality of the circumstances. FLSA2026-9 recognizes the ordinary commute as a third category of noncompensable time that…

Quick Hits The D.C. Circuit ruled that the NLRB’s “successor bar” rule violates the NLRA when it forces employers to recognize unions despite evidence of lack of majority support. The ruling reinforces employees’ rights to choose their representatives or to be union-free and challenges the NLRB’s authority to create additional barriers to change or remove union representation. This decision signals increased judicial scrutiny of NLRB decision-making, following the Supreme Court’s…

Quick Hits Employers must comply with obligations related to: (i) the prevention of discrimination and violence against women, (ii) NOM-035-STPS-2018 Psychosocial Risk Factors, and (iii) the Chair Law (“Ley Silla”). The government has increased workplace investigations, raising the importance of ensuring that employers are in compliance with employment-related laws.  Key Obligations Prevention of discrimination and violence against women. As a result of several amendments to guarantee an environment free of…

After the employment termination, employers may wish to continue monitoring for potential workplace safety threats and have strategic communication and crisis-response plans in place to address them. Quick Hits A pre-termination risk assessment and a carefully planned employment termination meeting can protect the safety and dignity of everyone involved. Prompt revocation of a departing employee’s system and building access, along with a coordinated return of company property, can help prevent…

Quick Hits The NJDOL has issued long-awaited guidance/FAQs on recent NJFLA amendments, which became effective on July 17, 2026. The guidance clarifies that employees receiving TDI or FLI benefits, whether through the state or a private insurance plan, are entitled to job protection for as long as they receive those benefits while on an otherwise unpaid leave of absence. The job protection is separate from reinstatement rights already provided under…

Quick Hits As of July 1, 2026, employers in Washington State with fifteen or more employees anywhere that inquire about or consider criminal history in employment decisions have significant new requirements under the Washington Fair Chance Act. The law applies to all sources of criminal history information. The amended law expands protections to current employees. The amendments also expand employer obligations to notify employees of their rights. The WFCA amendments…

Quick Hits The EEOC has proposed rescinding federal EEO reporting requirements, including mandatory annual EEO-1 filings. As of the publication date of this article, the proposed rule has not yet been formally published in the Federal Register and remains subject to public comment. Current reporting obligations remain in effect unless and until the EEOC issues a final rule; the EEOC would retain authority to seek relevant records during investigations. The…

Quick Hits On July 20, 2026, DHS rescinded the 2022 public charge framework and restored broad discretion for officers to weigh all pertinent factors when assessing whether an applicant is likely at any time to become a public charge. The rule takes effect September 18, 2026. Under the Immigration and Nationality Act (INA), an applicant for a visa, admission, or adjustment of status is inadmissible if, in the reviewing officer’s…

Quick Hits New York City’s final rules for the amended ESSTA align with new requirements that employers provide an additional thirty-two hours of unpaid protected time off immediately upon hire and at the beginning of each calendar year. The final rules clarify that “protected time off” includes both paid and unpaid time for various circumstances, such as caring for a disabled household member or attending legal proceedings related to benefits.…

In Decloedt v. Radnet Management, Inc., the California Second Appellate District affirmed the denial of an employer’s motion to compel arbitration, concluding that the plaintiff-respondent’s allegations of severe or pervasive sexual orientation harassment by a coworker fell squarely within the EFAA’s exemption from the Federal Arbitration Act (FAA). Quick Hits In Decloedt v. Radnet Management, Inc., the California Court of Appeal, Second Appellate District, held that harassment on the basis…