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Quick Hits The Supreme Court declined to hear former NLRB member Gwynne Wilcox’s challenge regarding the president’s authority to remove NLRB members, effectively ending her case for reinstatement. This decision leaves in place a D.C. Circuit decision holding that the president’s power to remove NLRB members could not be restricted by Congress. The decision aligns with Trump v. Slaughter, in which the Court upheld the president’s authority to remove a…

Quick Hits On October 14, 2026, the U.S. District Court for the District of Maryland denied a preliminary injunction sought by five organizations whose members include government contractors, leaving Executive Order (EO) 14398 in effect while the case proceeds. The court found the groups were unlikely to succeed on their First Amendment and Fifth Amendment claims because the EO defines the prohibited activities as “disparate treatment based on race or…

Quick Hits Governor Matt Meyer signed amendments to the Delaware Personal Data Privacy Act on September 2, 2026, that further limit profiling and automated decision-making based on the personal data of job applicants, employees, and independent contractors. Violations of the law can result in civil penalties up to $10,000 per violation. The amendments will take effect on January 1, 2027. The Delaware Personal Data Privacy Act (DPDPA) took effect on…

Quick Hits A Massachusetts federal judge enforced Fresenius’s noncompete agreement against a former supply chain executive who accepted employment with Vantive, a direct competitor, finding that the agreement adequately identified his employer and was properly executed. The court held that the restrictions were no broader than necessary under the Massachusetts Noncompetition Agreement Act because the executive had access to confidential companywide information and competitive strategies, and the restrictions applied only…

Quick Hits AI-enabled smart glasses create workplace compliance risks by enabling discreet recording, data capture, transcription, and AI analysis in settings where traditional smartphone policies may not apply. Employers may want to update recording and confidentiality rules to address wearable devices while accounting for consent laws, biometric privacy, trade secrets, investigations, and third-party data handling. Employers may want to ensure that restrictions are narrowly tailored to comply with labor laws…

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…