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Quick Hits The DOJ will not prosecute companies when they voluntarily self-disclose misconduct, fully cooperate with the DOJ’s investigation, and correct the misconduct in a timely and appropriate manner. Companies will be eligible for a declination even if a whistleblower reports to the DOJ first, if the company self-reports to DOJ within 120 days of receiving an internal report. The new policy became effective immediately. The DOJ investigates a wide…

Quick Hits OSHA’s heat-related illness and injury prevention NEP is set to expire on April 8, 2026, with no public indication that the current administration intends to extend or replace it. OSHA’s proposed permanent heat illness prevention rule has stalled with no target date for finalization and appears unlikely to advance in the near term. OSHA retains citation authority under the OSH Act’s General Duty Clause and multiple states already…

Quick Hits The Illinois Supreme Court held that Illinois’s Minimum Wage Law does not adopt federal exclusions for preliminary and postliminary activities. The ruling came in a certified question from the U.S. Court of Appeals for the Seventh Circuit and revived a class of employees’ state wage-and-hour claims over mandatory pre-shift COVID-19 screenings. The ruling highlights a trend of state courts holding that their states’ wage-and-hour laws do not necessarily…

Quick Hits Assembly Bill (AB) 2095, introduced in the California Assembly, proposes significant amendments to California’s ban-the-box law, the Fair Chance Act. The bill’s provisions, among others, would require employers to provide a list of specific job duties that may be relevant to the employer’s subsequent assessment of conviction history and establish a rebuttable presumption regarding conviction-to-job relationships. AB 2095 would also require employers to document their assessments in writing…

Quick Hits The Massachusetts Superior Court held that the PFMLA’s anti-retaliation protections impose obligations only on “employers” as defined in the unemployment insurance statute, and do not extend liability to a corporate employer’s officers, agents, investors, or board members. The court distinguished the PFMLA from the Massachusetts Wage Act, which expressly deems corporate officers and agents to be “employers” of the corporation’s employees, language that is absent from the PFMLA.…

Quick Hits A Massachusetts federal court granted a preliminary injunction halting enforcement of the ACTS survey against public institutions in seventeen plaintiff states, finding plaintiffs are likely to succeed on their claim that the promulgation and adoption of the survey was arbitrary and capricious. The court rejected plaintiffs’ arguments that the ACTS survey exceeds NCES’s statutory authority and that it violates the Paperwork Reduction Act, affirming that NCES has broad…

Quick Hits The German Federal Labor Court held that blanket release clauses in employment contracts that entitle the employer to grant a release upon termination constitute an unreasonable disadvantage and are invalid. An employee’s interest in continuing employment until the termination of the employment relationship generally outweighs an employer’s interest in granting the employee a leave of absence in a terminated employment relationship until the expiration of the notice period.…

Quick Hits USCIS has received enough H-1B registrations for unique beneficiaries to meet the annual cap. Petitioners will have ninety days, beginning on April 1, 2026, to file a completed H-1B petition for each selected beneficiary. Employment in H-1B status can begin no earlier than October 1, 2026. The FY 2027 lottery is the first to use the new weighted, wage-level-based selection process established under a DHS rule that took…

Quick Hits ViaQuest Residential Services recently agreed to pay $975,000 to settle claims it misclassified program managers as exempt from overtime under the Fair Labor Standards Act (FLSA) and Ohio’s wage laws. The case, Simmons v. ViaQuest Residential Services LLC, No. 2:23-00201 (S.D. Ohio), centered on whether program managers’ “primary duty” was management or direct patient care. One hundred-six plaintiffs opted in after conditional certification, illustrating how quickly liability can…

Quick Hits As of January 1, 2026, Connecticut employers with eleven or more employees must provide paid sick leave to all nonseasonal workers, with full expansion to employers of any size expected by January 1, 2027. Connecticut’s Paid Family and Medical Leave maximum weekly benefit rose to $1,016.40 in 2026 while the employee contribution rate remains unchanged at 0.5 percent of wages. Connecticut employers may want to audit exempt employee…

Quick Hits The Superior Court of Québec found that an arbitration award that had overturned the dismissal of a heavy vehicle driver for failure to accommodate was unreasonable, thereby reinstating the dismissal. The court opinion confirms that zero-tolerance policies for alcohol consumption constitute a legitimate standard that is reasonably necessary to ensure public safety. The duty to accommodate was not triggered because the automatic dismissal took effect before the employer…

Quick Hits New Jersey lawmakers are currently considering several bills that would have significant implications for employers. Key proposals include the establishment of paid prenatal leave, an extension of pregnancy-related disability benefits, and amendments to ensure paid sick leave applies to employees bound by amendable collective bargaining agreements. Here is a summary of some notable employment law bills currently under consideration. Pregnancy-Related Employment Protections Assembly Bill (A) 113—Concerns bereavement leave…