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Quick Hits The Supreme Court will determine if employees at federally funded educational institutions can bring sex-discrimination in employment claims under Title IX. The petitioners asked the high court to review an Eleventh Circuit decision, holding that Title IX does not provide a private right of action for employment-related sex discrimination. Petitioners argued that there is a “lopsided” 8–3 circuit split on the issue. On May 18, 2026, the Supreme…

Quick Hits USCIS releases new policy memorandum stating adjustment of status (AOS) applications are a matter of discretion and administrative grace, directing USCIS offices to consider all factors and closely scrutinize applications from individuals who would otherwise obtain permanent residence through consular processing abroad. Applying for adjustment of status is not inherently inconsistent while maintaining nonimmigrant status in a dual-intent category, such as H-1B or L-1, but does not grant…

Quick Hits There are eleven federal holidays in 2026. Private employers are not legally obligated to provide paid holidays. Work performed by hourly, nonexempt employees on a holiday is compensable. Although federal law does not require private businesses to provide paid holidays, many companies voluntarily recognize certain federal holidays as paid holidays in order to boost recruiting, retention, and morale. Some companies choose to include paid holidays within their combined…

Quick Hits In M&K Employee Solutions v. Trustees of the IAM National Pension Fund, the Supreme Court recently concluded that actuaries for multiemployer pension funds can calculate the liability for employers withdrawing from the plan by using the assumptions that are in effect on or after the measurement date. Four employers that exited the IAM National Pension Fund sued over the way their unfunded vested benefits were valued. The Employee…

Quick Hits On May 7, 2026, Tennessee Governor Lee signed into law legislation that bans noncompete agreements for workers who earn less than $70,000 per year. The law will apply to agreements entered into, renewed, or amended on or after July 1, 2026. Noncompetes executed after July 1, 2026 for employees who do not meet the minimum annualized compensation will be void and unenforceable. Under House Bill (HB) 1034, total…

Quick Hits The Fifth Circuit rejected a plaintiff’s argument that the employer’s statement, “[Y]ou’re about to go on leave so … I can’t lose two people when you’re going to be taking leave soon,” constituted direct evidence of discrimination as it was too attenuated. The Fifth Circuit analyzed the plaintiff’s pregnancy discrimination claim under both the “but-for” and “mixed-motive” causation standards and found her evidence insufficient under either standard. The…

Quick Hits On May 8, 2026, the Fifth Circuit upheld a lower court’s decision to dismiss a disability discrimination claim because the plaintiff could not return to work in person, which was one of the essential functions of the job. The employer satisfied its obligation to provide a reasonable accommodation by offering telework two to three days a week, which the employee rejected. The employee’s inability to perform the essential…

Quick Hits MSHA’s FY 2027 budget justification seeks nearly a 10 percent funding cut while preserving core inspection duties and shifting resources toward training, regulation, data analytics, and technology. The proposal would reduce funded staffing through attrition, eliminate the Brookwood-Sago mine safety grants program, and pursue AI tools for inspectors. Mine operators can expect MSHA to maintain regular inspections despite fewer enforcement positions. Overall, MSHA is requesting nearly a 10…

Quick Hits Under German labor law, employees claiming unequal treatment in relation to a “comparator” must specifically demonstrate in court that they perform the same or equivalent work as the comparator. Anyone seeking to sue for “equal hourly wages” must specifically demonstrate the number of working hours on which their own monthly salary is based; without a verifiable gross hourly wage for the plaintiff, a comparison with the comparator’s gross…