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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…

Quick Hits The European Commission issued guidance in August 2026 that clarifies some aspects of the EU Pay Transparency Directive, but leaves many questions unanswered. The guidance confirms that the directive applies to public- and private-sector employers, and that pay information does not have to be provided in job advertisements, but must be provided before a job interview. The guidance outlines the four key characteristics to determine equal value, and…

Quick Hits Washington State’s Immigrant Worker Protection Act requires employers to provide workers with notice of federal Form I-9 inspections and inspection results and to post a workplace rights notice. All Washington employers with at least one worker, including state and local government entities, are covered and must provide each notice within five business days of receiving the relevant federal notice and post the attorney general’s workplace poster. The rules…

Quick Hits Massachusetts’s PROTECT Act, effective August 5, 2026, requires employers that receive an I-9 notice of inspection from DHS/ICE to deliver written notice in each affected employee’s primary language within forty-eight hours of receipt. Employers in Massachusetts may want to prepare now by assigning responsibility for the notice process, pre-translating notice templates, mapping individual distribution methods for all employees, and proactively auditing I-9 files. Beyond the I-9 notice requirement,…

Quick Hits Female retail employees in the UK sued Next Retail Limited for paying them less than male warehouse workers for work of equal value. The Employment Appeal Tribunal (EAT) determined that recruiting and retention needs at warehouses were legitimate reasons for the pay differential. The EAT found the pay differential was a proportionate response to a legitimate aim. The UK’s Equality Act 2010 prohibits employment discrimination based on sex,…

Quick Hits SkillBridge provides employers with access to talented military members who are in the process of becoming civilians. These individuals continue to be paid by the military while placed with SkillBridge employers. To participate, employers can either register to serve as SkillBridge employers or work through approved intermediaries. For employers, human resource (HR) leaders, and talent acquisition teams, SkillBridge can be a practical way to connect with military talent…

Quick Hits The 9/11 Notice Act and regulations require employers to notify “where practicable” current and former employees who worked in affected areas of Lower Manhattan and Brooklyn of potential eligibility for federal compensation funds. The funds are not limited to first responders but apply to those helped with the clean-up and construction or lived, worked, or went to school in the affected areas during and after the attacks. A…

Quick Hits On September 8, 2026, the Mexican Institute of Social Security (IMSS) published an agreement in the Official Gazette of the Federation that approved the mandatory generation of the digital employers registration identification card (Digital TIP), which will supersede any previously issued physical TIPs. The agreement enters into force on September 23, 2026, and employers must enable access to the IMSS electronic notification portal, called Buzón IMSS, to generate…

Quick Hits The NLRB upheld an arbitration confidentiality provision to the extent it protected the confidentiality of the proceedings and the outcome, while found that the provision’s blanket prohibition on disclosing the existence of arbitration was unlawful. The NLRB also upheld an arbitration provision covering “any and all” employment-related claims, finding a prominent savings clause reasonably informed employees of their rights to file a charge with the NLRB. On August…

Quick Hits The Home Office is introducing mandatory Multi-Factor Authentication for all Sponsor Management System (SMS) users beginning 3 September 2026, requiring a one-time passcode in addition to existing login credentials to protect against unauthorised access. The Level 2 user role will be discontinued from 9 September 2026, and sponsors must upgrade eligible Level 2 users to Level 1 status or deactivate their accounts by 8 March 2027. Because sponsors…

Quick Hits Whether live, in-person teaching was an “essential function” was a fact question for the jury, particularly given that the job description did not distinguish live from virtual instruction and the college had used virtual classrooms during COVID-19 and inclement weather. Failing to communicate a decision on a requested accommodation, even while considering it internally, may constitute a denial sufficient to establish a prima facie failure-to-accommodate claim. Both parties…

Quick Hits NOM-035, published in 2018, established Mexico’s first explicit regulatory framework addressing psychosocial risk factors and employer obligations related to employees’ physical and mental well-being in the workplace. The standard catalyzed a series of labor reforms including expanded vacation entitlements, remote work regulations, recognition of mental health disorders as occupational diseases, the Chair Law requiring workplace seating, and the gradual reduction of the workweek to forty hours by 2030.…