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Quick Hits The executive order directs the secretaries of state, labor, and homeland security to consider whether an employer conducted layoffs within the prior year or plans future layoffs affecting similarly situated U.S. workers when adjudicating H-1B-related filings. Employers could see additional scrutiny at multiple points in the H-1B process, including DOL Labor Condition Application (LCA) review, U.S. Citizenship and Immigration Services (USCIS) petition adjudication, consular visa issuance, and admission…

Quick Hits The Second Circuit amended its July 2026 decision, clarifying that the decision was not meant to establish that a heightened motive requirement exists for failure-to-accommodate cases. The court clarified that employees need not prove discriminatory animus against religion to substantiate their claims, but they must show that the denial was motivated by a desire to avoid the accommodation. The case, Bergin v. New York State Unified Court System,…

Quick Hits On 8 September 2026, the Court of Appeal held that TUPE Regulation 4(2)(a) must be read in light of the EU Acquired Rights Directive, whose purpose is to protect and ensure the continuity of employee rights upon a change of employer. TUPE is legislation that exists to benefit employees. It does not enable third parties to pursue transferees (in this case, Active Young People Limited) for the transferors’…

Quick Hits The average UK employment tribunal claim now takes nearly sixty weeks from receipt to disposal, with some hearings listed for 2029. Explosion of AI useage is likely a key factor. Even though hearings may be delayed for a year or more, employers may want to gather and preserve key documents and other evidence up front. The AI Effect Many commentators in the United Kingdom cite the recent widespread…

Quick Hits On September 14, 2026, Cal/OSHA released a discussion draft of a proposed rule that would require covered hospitals to screen individuals and their personal items at all unrestricted entrances, not just the specific entrances identified in AB 2975, with an exception for the ambulance entrance. Screening personnel would need at least eight hours of initial training covering an expanded curriculum, annual refresher training, and additional training when specified…

A “quiet promotion” typically involves an employee performing higher-level duties, such as leading projects, supervising others, making budget decisions, or handling strategic work, without an official promotion or pay adjustment. The gap can persist for months or even years, becoming normalized with hiring stalls or shifting staffing plans. While stretch roles can be positive when intentionally designed and limited in duration, they may become problematic when an employer derives ongoing…

Quick Hits In Ding v. Structure Therapeutics, Inc., the Ninth Circuit held that a plaintiff’s right to proceed in court under the EFAA is not categorically foreclosed by the earlier filing of an arbitration demand asserting non–sexual-harassment claims. The court held that where a plaintiff discovers a basis to pursue claims covered by the EFAA during arbitration, the plaintiff may elect to end arbitration and proceed in court. The court…

Quick Hits On July 17, 2026, DHS published a final rule—scheduled to take effect on September 15, 2026—that would end the longstanding duration of status framework for F, J, and I visa holders. A U.S. district court found that the government’s national security justification for the rule was arbitrary and capricious. The duration of status framework remains in effect as litigation continues. On July 17, 2026, DHS published a final…

Quick Hits New York Governor Kathy Hochul signed Senate Bill S3460 on September 9, 2026, adding new Section 210-b to the New York Labor Law. The law takes effect sixty days after signing, or November 8, 2026. Employers must provide employees with a copy of their personnel record, at no cost, within five business days of a written request. Employers must notify employees within ten days of placing negative information…

Quick Hits The European Commission issued guidance in August 2026 that clarifies some aspects of the EU Pay Transparency Directive, but leaves many questions unanswered. The guidance confirms that the directive applies to public- and private-sector employers, and that pay information does not have to be provided in job advertisements, but must be provided before a job interview. The guidance outlines the four key characteristics to determine equal value, and…

Quick Hits Washington State’s Immigrant Worker Protection Act requires employers to provide workers with notice of federal Form I-9 inspections and inspection results and to post a workplace rights notice. All Washington employers with at least one worker, including state and local government entities, are covered and must provide each notice within five business days of receiving the relevant federal notice and post the attorney general’s workplace poster. The rules…

Quick Hits Massachusetts’s PROTECT Act, effective August 5, 2026, requires employers that receive an I-9 notice of inspection from DHS/ICE to deliver written notice in each affected employee’s primary language within forty-eight hours of receipt. Employers in Massachusetts may want to prepare now by assigning responsibility for the notice process, pre-translating notice templates, mapping individual distribution methods for all employees, and proactively auditing I-9 files. Beyond the I-9 notice requirement,…

Quick Hits Female retail employees in the UK sued Next Retail Limited for paying them less than male warehouse workers for work of equal value. The Employment Appeal Tribunal (EAT) determined that recruiting and retention needs at warehouses were legitimate reasons for the pay differential. The EAT found the pay differential was a proportionate response to a legitimate aim. The UK’s Equality Act 2010 prohibits employment discrimination based on sex,…

Quick Hits SkillBridge provides employers with access to talented military members who are in the process of becoming civilians. These individuals continue to be paid by the military while placed with SkillBridge employers. To participate, employers can either register to serve as SkillBridge employers or work through approved intermediaries. For employers, human resource (HR) leaders, and talent acquisition teams, SkillBridge can be a practical way to connect with military talent…