In late July, the Department of Labor proposed new regulations that would extend the “notice-and-access” electronic disclosure model that the DOL finalized in 2020 for retirement plans to group health plans. The proposed rule closely tracks the current...
Second Circuit Rejects Application of NLRB’s Tesla Framework to Workplace Dress Code and Uniform Policies (US)
On September 2, 2026, the U.S. Court of Appeals for the Second Circuit issued a decision that could make it easier for employers to defend workplace dress code and uniform policies against unfair labor practice challenges. In Siren Retail Corporation, d/b/a Starbucks...
IRS Sheds Light on Taxation for Tips and Overtime
On August 6, 2026, the Internal Revenue Service (IRS) released a fact sheet with updated guidance in the form of frequently asked questions (FAQs) on federal taxation for tips and overtime pay as provided under 2025’s comprehensive omnibus spending bill. Quick Hits...
Registration for Maryland’s Family and Medical Leave Insurance Program is Now Live
Registration for Maryland’s Family and Medical Leave Insurance (“FAMLI”) program is officially open, and Governor Wes Moore is encouraging employers to register as soon as possible. Employers with at least one Maryland-based employee are required to register....
EEOC’s Updated Strategic Plan for 2026-2030- Discrimination Prevention + Remedy Aligned with Current NEP Priorities
Takeaways The EEOC’s updated Strategic Plan for fiscal years 2026-2030 establishes operational goals for implementation of the new National Enforcement Plan priorities. The EEOC plans to focus enforcement resources on stated priorities, including those identified in...
U.S. Court of Appeals Decision Highlights Retaliation Risks During Employee Separations
A recent decision from the U.S. Court of Appeals for the First Circuit provides an important reminder that an employer’s exposure to a retaliation claim can arise even after it has already made a lawful decision to terminate an employee. In Russo v. New Hampshire...
NLRB General Counsel Issues Memorandum Outlining Top Priorities
The National Labor Relations Board’s (“NLRB”) General Counsel, Crystal Carey, drew applause, as well as some criticism, earlier this year when she departed from her predecessors by declining to issue a “Mandatory Advice Memo”—a memorandum that would have outlined her...
A New NLRB Roadmap for Reversing McLaren Macomb and Other Biden-Era Labor Precedent
On August 26, 2026, the General Counsel (GC) of the National Labor Relations Board (NLRB or the Board), Crystal Carey, issued Memorandum GC 26-04 to Regional Directors, Officers-in-Charge, and Resident Officers, identifying a list of Biden-era NLRB precedents that she...
Motive Matters Most: The Second Circuit Confirms a New Standard for Title VII Religious Accommodation Claims
In a recent decision in the case Bergin v. New York State Unified Court System, the Second Circuit Court of Appeals explicitly confirmed a new three-part test for determining whether a plaintiff has stated a prima facie case for failure to accommodate a religious...
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