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...
Texas Business Court Draws a Line: Employment Discrimination Claims Stay in District Court
On May 29, 2026, the Texas Business Court held in Brown v. Exxon Mobil Corporation, 2026 Tex. Bus. 35 (11th Div.), Cause No. 25-BC11B-0099, that an employment race discrimination claim brought under Section 21.051 of the Texas Commission on Human Rights Act (TCHRA)...
Sixth Circuit: Title VII Does Not Protect Workplace Misconduct Merely Because It Accompanies a Harassment Complaint
The Sixth Circuit recently issued an opinion concerning Title VII’s anti-retaliation protections: an employee who engaged in protected conduct but also violations of workplace policy cannot use the protected activity to excuse her unrelated workplace misconduct....
California Court of Appeal Holds Sexual Orientation Harassment Triggers the EFAA
The California Court of Appeal has held for the first time that harassment based on sexual orientation constitutes sexual harassment under California’s Fair Employment and Housing Act (FEHA), thereby triggering the Ending Forced Arbitration of Sexual Assault and...
AI in the Empire State, Two Bills Could Create New Compliance Obligations
New York organizations using artificial intelligence should keep a close eye on two pending state bills that could create new notice and reporting obligations. Both bills have passed the Senate and Assembly, but as of June 25, 2026, neither appears to have been signed...
DOL’s Wage and Hour Division Includes 8 Proposed Rules on 2026 Agency Rules List
The U.S. Department of Labor’s (DOL) 2026 agency rule list (which is normally semiannual) was released in early July 2026, and includes eight Wage and Hour Division new and previously proposed rules, including proposals related to tipped employees, young workers...
What Does the Box Say? 6th Circuit Looks to the Boundaries of the EEOC Charge in Barnett-Morgan v. Inverness
Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at all. A recent 6th U.S. Circuit Court of Appeals...
Washington Arbitration Agreements Are Failing Employers in Wage and Hour Cases
Many employers rely on arbitration agreements with class action waivers, provisions that prevent employees from filing or joining collective lawsuits, to manage wage and hour litigation risk. That strategy works reliably in states like California where courts...
Third Circuit Says Internal Transfer, BLM Statement Not Enough for Race Discrimination
On July 6, 2026, the U.S. Court of Appeals for the Third Circuit held that a Black male employee who alleged he was pushed to transfer teams after his manager expressed disagreement with the “Black Lives Matter” movement and then later had his position eliminated...
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