On September 1, 2026, the United States Court of Appeals for the Tenth Circuit ruled that a lower court should not have denied a motion to compel arbitration in a class-action brought by airline employees who alleged a series of violations of Colorado state wage laws....
2026 Mid-Year Employment Law Updates
Throughout the first half of 2026, numerous state and local governments enacted or implemented new employment laws affecting employers nationwide. Click here for a non-exhaustive summary of key employment law updates effective in the middle of 2026. © Polsinelli PC,...
Proceed with Caution: Using AI to Set Wages
Recently, the Colorado legislature sent a bill, HB 26-1210, to Governor Jared Polis’ desk that would place limitations on the use of artificial intelligence to either 1) set prices for consumers; or 2) set wages for employees. Governor Polis vetoed the bill, citing...
When Does a Political Protest Lose Workplace Protection? New NLRB Advice Memo Says: When Improving Working Conditions Isn’t a Goal
When employees organize a workplace demonstration around a political or social cause, employers often face the same threshold question: does it matter that the protest touches, even loosely, on some workplace issue? A newly released National Labor Relations Board...
New DOL Opinion Letter Limits Tip-Pooling for Supervisor-Bartenders
The Department of Labor (DOL) has issued a new opinion letter addressing tip-pooling rules for supervisors who also perform tipped work under the Fair Labor Standards Act (FLSA). The issue: Whether the FLSA allows a restaurant supervisor who also bartends to keep any...
Federal Court Strikes Down Mass Termination of Education Grants Tied to DEI
On September 17, 2026, the U.S. District Court for the District of Massachusetts vacated the U.S. Department of Education’s February 2025 internal directive ordering the review and termination of Teacher Quality Partnership (TQP) and Supporting Effective Educator...
$40 Million Trade Secrets Award Vacated Due To Trial Court Error
Comet Technologies USA, Inc. v. XP Power, LLC, 181 F.4th 988 (9th Cir. 2026) Three senior engineers left Comet Technologies for competitor XP Power and allegedly misappropriated thousands of confidential files concerning Comet’s products, research strategy, and...
Teen’s ‘therapeutic’ DJ classes did not entitle mother to FMLA leave, court finds
While the mother, a Mattress Firm manager, said the classes were related to her son’s mental health, the court noted they had not been prescribed.
Religious bias requires more than knowledge of employee’s accommodation need, court says
Federal courts have been asked in recent months to decide what counts as sufficient disclosure of an employees’ religious beliefs, particularly in the COVID-19 vaccination context.
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