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Quick Hits The NJDOL has issued long-awaited guidance/FAQs on recent NJFLA amendments, which became effective on July 17, 2026. The guidance clarifies that employees receiving TDI or FLI benefits, whether through the state or a private insurance plan, are entitled to job protection for as long as they receive those benefits while on an otherwise unpaid leave of absence. The job protection is separate from reinstatement rights already provided under…

Quick Hits As of July 1, 2026, employers in Washington State with fifteen or more employees anywhere that inquire about or consider criminal history in employment decisions have significant new requirements under the Washington Fair Chance Act. The law applies to all sources of criminal history information. The amended law expands protections to current employees. The amendments also expand employer obligations to notify employees of their rights. The WFCA amendments…

Quick Hits The EEOC has proposed rescinding federal EEO reporting requirements, including mandatory annual EEO-1 filings. As of the publication date of this article, the proposed rule has not yet been formally published in the Federal Register and remains subject to public comment. Current reporting obligations remain in effect unless and until the EEOC issues a final rule; the EEOC would retain authority to seek relevant records during investigations. The…

Quick Hits On July 20, 2026, DHS rescinded the 2022 public charge framework and restored broad discretion for officers to weigh all pertinent factors when assessing whether an applicant is likely at any time to become a public charge. The rule takes effect September 18, 2026. Under the Immigration and Nationality Act (INA), an applicant for a visa, admission, or adjustment of status is inadmissible if, in the reviewing officer’s…

Quick Hits New York City’s final rules for the amended ESSTA align with new requirements that employers provide an additional thirty-two hours of unpaid protected time off immediately upon hire and at the beginning of each calendar year. The final rules clarify that “protected time off” includes both paid and unpaid time for various circumstances, such as caring for a disabled household member or attending legal proceedings related to benefits.…

In Decloedt v. Radnet Management, Inc., the California Second Appellate District affirmed the denial of an employer’s motion to compel arbitration, concluding that the plaintiff-respondent’s allegations of severe or pervasive sexual orientation harassment by a coworker fell squarely within the EFAA’s exemption from the Federal Arbitration Act (FAA). Quick Hits In Decloedt v. Radnet Management, Inc., the California Court of Appeal, Second Appellate District, held that harassment on the basis…

Quick Hits The Third Circuit affirmed the dismissal of race discrimination and retaliation claims, ruling the employee failed to establish a prima facie case or overcome the employer’s legitimate business reasons for the elimination of his position.  The court found no evidence of discriminatory animus, noting the employee was not replaced in a discriminatory manner during a company reorganization. Claims of “constructive demotion” were rejected, as the employee did not…

Quick Hits New York State lawmakers have passed a bill that would ban the enforcement of class action waivers in some circumstances and other waivers of workers’ rights under the Human Rights Law. The bill includes exceptions for bona fide settlements, post-employment agreements, and collective bargaining agreements, while also considering federal preemption under the Federal Arbitration Act. The bill has not yet been signed by the governor. On May 13,…

Quick Hits In EEOC v. SkyWest Airlines, Inc., the Fifth Circuit upheld a lower court’s ruling that Title VII plaintiffs do not need to take steps to reduce their damages for emotional distress. A Dallas-Fort Worth International Airport parts clerk sued SkyWest Airlines for sexual harassment and retaliation, and a Dallas jury awarded her $2 million in punitive damages and $170,000 for emotional harm, an award later reduced to statutory…