Takeaways DOL withdrew its proposal to remove more than 450 long-standing FLSA interpretations from the Code of Federal Regulations. Employers may continue relying on familiar guidance addressing key coverage, exemption, and industry-specific issues, including to...
California Court of Appeal Clarifies Liability Standard for Supervisor Harassment (US)
On October 5, 2026, the Second Appellate District of the California Court of Appeal held in Doe v. Wells Fargo Bank, N.A., No. B344642, that an employer was not strictly liable under the California Fair Employment and Housing Act (FEHA) for harassment perpetrated by...
Washington State DOSH Proposes Update to Construction PPE Rules
On October 6, 2026, the Washington State Department of Labor & Industries (L&I) Division of Occupational Safety and Health (DOSH) filed a proposed rulemaking seeking to update Washington’s construction personal protective equipment (PPE) rules. Quick Hits On...
Security-Clearance Decisions and Employment Claims in the Space and Defense Sectors: Where Courts Draw the Line
Many space and defense jobs require a federal security clearance. If the government denies, delays, or revokes a clearance, an employee may be unable to continue in that role; the employer may reassign or terminate the employee. If the cleared individual is an officer...
Supreme Court Signals Support for ‘Meaningful Benchmark’ Requirement in ERISA Plan Underperformance Cases
Summary The U.S. Supreme Court heard oral argument this week in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498, which asks whether a plaintiff alleging that an ERISA plan acted imprudently in selecting an underperforming retirement plan must plead a...
Labor Law at a Crossroads: Regulatory Expansion and Judicial Scrutiny Reshape Employer Obligations in Israel
Introduction Israeli labor law continued to evolve significantly throughout 2025, shaped by legislative amendments, extension orders, and increasingly assertive Labor Court jurisprudence. These developments further narrowed managerial discretion in areas traditionally...
No Proof of Authority, No Termination, Germany’s Federal Labor Court Rules
Rejecting a termination notice for lack of proof of authority can be a practical pitfall when the notice is issued not by the statutory representative body itself, but by individual members of a corporate body without sole authority of representation...
EEOC Moves to Revoke Long-Standing Guidance on Criminal Background Checks
On October 6, 2026, the U.S. Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) received a draft final rule from the U.S. Equal Employment Opportunity Commission (EEOC) that would rescind the EEOC’s previous 2012 guidance regarding...
California’s Latest Employment Laws: AI, Surveillance and Compliance Changes Employers Should Know
On Sept. 30, 2026, Gov. Gavin Newsom signed several new employment laws affecting artificial intelligence, workplace surveillance, pay data reporting, workplace safety and employment agreements. Most take effect Jan. 1, 2027, with important exceptions noted below. Key...
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