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Quick Hits On August 11, 2026, the Missouri Court of Appeals for the Western District granted mandamus relief in State of Missouri ex rel. Waddell v. Atkins and ordered a trial court to vacate an order compelling arbitration. The court held that a case relates to a sexual misconduct dispute when the asserted causes of action arise from alleged sexual assault or harassment, and that the EFAA invalidates a predispute…

Quick Hits Noncompliance with the DEI anti-discrimination clause at FAR 52.222-90 can result in debarment or suspension, a sanction on par with fraud, bribery, and antitrust violations as grounds for a governmentwide exclusion from federal contracting. The FAR Council proposed a rule on September 18, 2026, that would stamp the three-tier enforcement structure of the DEI clause into the FAR: contract-level remedies (cancellation, termination, or ineligibility), governmentwide exclusion (debarment or…

Quick Hits The executive order directs the secretaries of state, labor, and homeland security to consider whether an employer conducted layoffs within the prior year or plans future layoffs affecting similarly situated U.S. workers when adjudicating H-1B-related filings. Employers could see additional scrutiny at multiple points in the H-1B process, including DOL Labor Condition Application (LCA) review, U.S. Citizenship and Immigration Services (USCIS) petition adjudication, consular visa issuance, and admission…

Quick Hits The Second Circuit amended its July 2026 decision, clarifying that the decision was not meant to establish that a heightened motive requirement exists for failure-to-accommodate cases. The court clarified that employees need not prove discriminatory animus against religion to substantiate their claims, but they must show that the denial was motivated by a desire to avoid the accommodation. The case, Bergin v. New York State Unified Court System,…

Quick Hits On 8 September 2026, the Court of Appeal held that TUPE Regulation 4(2)(a) must be read in light of the EU Acquired Rights Directive, whose purpose is to protect and ensure the continuity of employee rights upon a change of employer. TUPE is legislation that exists to benefit employees. It does not enable third parties to pursue transferees (in this case, Active Young People Limited) for the transferors’…

Quick Hits The average UK employment tribunal claim now takes nearly sixty weeks from receipt to disposal, with some hearings listed for 2029. Explosion of AI useage is likely a key factor. Even though hearings may be delayed for a year or more, employers may want to gather and preserve key documents and other evidence up front. The AI Effect Many commentators in the United Kingdom cite the recent widespread…

Quick Hits On September 14, 2026, Cal/OSHA released a discussion draft of a proposed rule that would require covered hospitals to screen individuals and their personal items at all unrestricted entrances, not just the specific entrances identified in AB 2975, with an exception for the ambulance entrance. Screening personnel would need at least eight hours of initial training covering an expanded curriculum, annual refresher training, and additional training when specified…

A “quiet promotion” typically involves an employee performing higher-level duties, such as leading projects, supervising others, making budget decisions, or handling strategic work, without an official promotion or pay adjustment. The gap can persist for months or even years, becoming normalized with hiring stalls or shifting staffing plans. While stretch roles can be positive when intentionally designed and limited in duration, they may become problematic when an employer derives ongoing…

Quick Hits In Ding v. Structure Therapeutics, Inc., the Ninth Circuit held that a plaintiff’s right to proceed in court under the EFAA is not categorically foreclosed by the earlier filing of an arbitration demand asserting non–sexual-harassment claims. The court held that where a plaintiff discovers a basis to pursue claims covered by the EFAA during arbitration, the plaintiff may elect to end arbitration and proceed in court. The court…

Quick Hits On July 17, 2026, DHS published a final rule—scheduled to take effect on September 15, 2026—that would end the longstanding duration of status framework for F, J, and I visa holders. A U.S. district court found that the government’s national security justification for the rule was arbitrary and capricious. The duration of status framework remains in effect as litigation continues. On July 17, 2026, DHS published a final…

Quick Hits New York Governor Kathy Hochul signed Senate Bill S3460 on September 9, 2026, adding new Section 210-b to the New York Labor Law. The law takes effect sixty days after signing, or November 8, 2026. Employers must provide employees with a copy of their personnel record, at no cost, within five business days of a written request. Employers must notify employees within ten days of placing negative information…