On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a divided panel...
NJDOL Issues FAQs Making Clear That TDI/FLI Recipients Have Job Protection Under the NJFLA
Amendments to the New Jersey Family Leave Act (NJFLA) took effect on July 17, 2026, and the New Jersey Department of Labor and Workforce Development (NJDOL) issued new guidance with two sets of frequently asked questions (FAQs). The key takeaway: Employees who receive...
Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for Employers
A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights an important distinction for public employers defending challenges to DEI-related initiatives. That is, opposition to DEI does not automatically establish a viable Title VII claim, but...
When Key Personnel Leave: The Federal Contractor’s Disclosure Dilemma
Federal contractors that build proposals around named “key personnel” face a difficult choice when a proposed key person becomes unavailable before award due to resignation or accepting another position during typically lengthy evaluation periods: notify the agency...
Colorado’s New Identity Document Law Adds Employer Compliance Obligations
Takeaways Colorado’s new HB26-1283 prohibits employers from confiscating or improperly retaining government-issued identification documents, subject to limited statutory exceptions. The law does not change employers’ federal Form I-9 obligations, but it does require...
Title VI Shift: DOL Rescinds Disparate Impact Rules for Funding Recipients
The Department of Labor (DOL) has issued a final rule rescinding portions of its Title VI regulations that addressed disparate impact liability for recipients of federal financial assistance. The rule took effect July 2, 2026. Title VI of the Civil Rights Act of 1964...
NLRB Advice Memo Concludes Noncompete Agreements Do Not Violate the National Labor Relations Act
Under the National Labor Relations Act (“the Act”), specifically Section 8(a)(1), it is considered an unfair labor practice (“ULP”) for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act....
Supreme Court Overrules Humphrey’s Executor, Expanding Presidential Removal Power
On June 29, 2026, the Supreme Court of the United States issued a landmark decision overruling a 90-year-old Supreme Court precedent and significantly expanding presidential power to remove members of independent agencies. In Trump v. Slaughter, No. 25-332, the...
Interagency Guidance on Lending to Unauthorized Workers Raises New Fair Lending Compliance Concerns
Key Takeaways New OCC, FDIC and NCUA guidance states that lending to individuals not authorized to work in the United States may present elevated credit risk and should be addressed through prudent underwriting. The guidance follows recent Trump administration actions...
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