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Quick Hits A Massachusetts federal judge enforced Fresenius’s noncompete agreement against a former supply chain executive who accepted employment with Vantive, a direct competitor, finding that the agreement adequately identified his employer and was properly executed. The court held that the restrictions were no broader than necessary under the Massachusetts Noncompetition Agreement Act because the executive had access to confidential companywide information and competitive strategies, and the restrictions applied only…

Quick Hits AI-enabled smart glasses create workplace compliance risks by enabling discreet recording, data capture, transcription, and AI analysis in settings where traditional smartphone policies may not apply. Employers may want to update recording and confidentiality rules to address wearable devices while accounting for consent laws, biometric privacy, trade secrets, investigations, and third-party data handling. Employers may want to ensure that restrictions are narrowly tailored to comply with labor laws…

Probably not. The clause’s flow-down requirement contains an exception for subcontracts where the place of “delivery or performance” is outside the United States. Because the exception is written in the disjunctive (i.e., “expressed by mutually exclusive alternatives joined by or”), a subcontract performed outside the United States may qualify for the exception even when the finished goods are delivered in the United States. That relatively straightforward example, however, raises harder…

Quick Hits On October 6, 2026, Washington DOSH proposed updates to construction PPE rules to align with federal OSHA requirements, including requiring employers to ensure PPE properly fits each affected employee. The proposal also includes minor clarifications and housekeeping revisions, with public hearings in November 2026, comments due November 23, 2026, and intended adoption on March 2, 2027. DOSH’s primary purpose for this proposed rulemaking is to bring Washington’s construction PPE…

Quick Hits Germany’s Federal Labor Court held in a recent decision that if the body with authority to represent the company authorizes individual members to represent the company alone, the termination notice may be rejected if proof of that authorization is not attached. A rejection within one week is generally still considered prompt. The Case—Termination by Two of Three Supervisory Board Members The parties disputed the validity of two termination…

Quick Hits DHS is proposing a $70,000 fee for the first OPT recommendation for an F-1 student and a $30,000 fee for any subsequent OPT recommendation, including a STEM OPT extension. The SEVP-certified school would be responsible for paying the applicable fee before the designated school official could enter the OPT recommendation in the Student and Exchange Visitor Information System, but DHS acknowledges that schools may pass the cost on…

Quick Hits The DEA’s chief administrative law judge stayed marijuana rescheduling proceedings to consider adding a new GAO drug scheduling report to the hearing record and permit supplemental briefings concerning rescheduling all marijuana products, not just those approved by the FDA. Federal agencies must respond by October 13, 2026. After that, the judge will decide whether to admit the GAO report. Forty states and Washington, D.C., have legalized medical marijuana,…

Quick Hits A dental assistant for the California Department of Corrections and Rehabilitation (CDCR) alleged she faced whistleblower retaliation and constructive discharge after reporting safety concerns. The Court of Appeal affirmed a lower court’s decision that individual supervisors cannot be liable for retaliation under state law. The Court of Appeal overturned the lower court’s dismissal of the retaliation claim against the state and the CDCR. Farzana Chaudhry, a dental assistant…

Quick Hits Employers need to keep track of two diverging regulatory tracks: the EU AI Act, with transparency obligations enforceable as of August 2, 2026, and further high-risk AI restrictions from 2 December 2027; and the UK’s Data (Use and Access) Act 2025. The EU AI Act is a floor, not a ceiling: individual member states layer their own obligations on top. U.S. state-by-state AI related employment laws in Illinois,…

Quick Hits The obligations included in Mexico’s NOM-035 are contingent on the number of employees in the workplace; however, in all cases, employers must ensure the prevention of psychosocial risks through a policy. Employers that fail to comply with NOM-035 may be subject to fines ranging from $29,327.50 Mexican pesos ($1,623.06 USD) to $586,550.00 Mexican pesos ($32,464.37 USD). Employers’ Main Obligations Under NOM-035, employers must comply with, and keep evidence…