Ogletree Deakins

Quick Hits The Supreme Court reaffirmed that the Fourteenth Amendment grants automatic citizenship to virtually all children born on United States soil (i.e., “birthright citizenship”). The ruling affirmed lower court rulings that enjoined an executive order by President Donald Trump, which sought to restrict U.S. citizenship conferred at birth to children with at least one parent who is a U.S. citizen or a lawful permanent resident. The ruling preserves the…

Quick Hits The Supreme Court ruled that the Equal Protection Clause and Title IX allow states to designate school sports participation based on biological sex and that the laws do not unlawfully discriminate against transgender individuals. The Court found that Title IX does not require schools to make exceptions to biological sex-based sports to allow biological males who identify as female and who may have taken puberty-delaying medication or hormones.…

Quick Hits The Supreme Court ruled that the removal provision for Federal Trade Commission members violates the Constitution’s separation of powers. The Court’s overruling of a nearly ninety-year-old precedent could impact the president’s authority to remove leaders of other agencies, such as the NLRB and MSPB. The Trump v. Slaughter Decision In Trump v. Slaughter, No. 25-332, the Supreme Court ruled 6–3 against a legal challenge by former FTC commissioner…

Quick Hits The DOJ issued an opinion finding that the EEOC’s guidelines on disparate impact liability under Title VII are unconstitutional, reasoning that they impose liability on employers based on disparate effects alone without regard to intent. The DOJ’s opinion emphasizes that the burden of proof regarding the unreasonableness of an employment practice and its causation of disparities lies with plaintiffs, rather than employers. The DOJ also found the EEOC’s…

Quick Hits The Ninth Circuit ruled the arbitration agreement was enforceable because it was limited to employment-related claims. The court clarified that the broad language of “including but not limited to” in the agreement did not render it overly expansive, as other language in the agreement indicated it was limited to employment contexts. The court distinguished the case from recent California court decisions that have declined to enforce agreements based…

Quick Hits By a 6–3 vote, the Supreme Court in Lau held that border officers may “parole” a returning LPR based on suspected “commission” of an inadmissibility offense—not based on a conviction or on “clear and convincing” evidence of the commission of an inadmissibility offense—at reentry. Paroled LPRs can be physically present in the United States but are not legally admitted, which can disrupt employment authorization and other benefits tied…

Quick Hits On June 25, 2026, GSA published a notice confirming that Executive Order 14398, applies to “all non-FAR based-contracts,” with GSA, including real property leases, concession contracts, and outleases. The clause turns on race- or ethnicity-based actions across five domains, not on whether a program carries a “DEI” label, so a review limited to programs branded as DEI may miss what the clause actually prohibits. The notice is a…

Quick Hits Side gigs supported by digital apps are becoming more common. State laws may regulate whether an employer can fire a worker for moonlighting. Most employees are considered at will, but some have job protections from a union contract or individual employment contract. It is becoming more common for employees to have side gigs, particularly in roles like food delivery, ridesharing, online tutoring, social media management, creating content as…

Quick Hits The updated pilot program bill’s requirements would apply only to accidents occurring within Alameda County and Santa Clara County. The bill would require the BOI to “immediately notify” the district attorneys’ offices in Alameda or Santa Clara counties upon learning of a fatal accident or an “incident in which there is a serious injury to five or more employees.” If enacted as proposed, AB 2321’s provisions would remain…

Quick Hits The Rhode Island General Assembly wrapped up its 2026 legislative session on June 11, 2026, after passing several bills impacting employers. New enactments address grocery store self-service checkouts and employee monitors, provide warehouse worker protections, and expand Rhode Island’s Fair Employment Practices Act to cover domestic workers. Lawmakers failed to pass some notable proposals, including bills that would have regulated AI use and electronic monitoring in workplaces, provided…

Quick Hits The South Carolina Supreme Court recently held that an employer was not liable on theories of negligent hiring, supervision, or retention regarding an employee who had already been granted criminal immunity under the state’s “castle doctrine” after fatally shooting a customer during a workplace confrontation. The court’s reasoning centered on a critical distinction: when an employee’s use of force is determined to be lawful and justified, there is…

The changes—part of a broader EU simplification push following a provisional agreement reached between the Parliament, Council, and Commission on 7 May 2026—push back key compliance deadlines, introduce an outright ban on artificial intelligence (AI) tools used to generate nonconsensual intimate imagery, and resolve a long-standing overlap in the rules governing AI used in industrial machinery. The EU Council still needs to sign off before any of this takes legal…

Quick Hits Regulatory inspections and investigations under Ontario’s Occupational Health and Safety Act (OHSA) take several forms, including proactive and reactive visits by Ministry of Labour, Immigration, Training and Skills Development (MOL) inspectors who are empowered to enforce compliance with the OHSA and protect worker health and safety. MOL inspectors have broad enforcement powers, including entering a workplace without a warrant or prior notice. Beyond the obligations established by the…

Quick Hits A nonprofit has sued DOL under FOIA to compel disclosure of federal contractors’ 2021 and 2022 Type 2 EEO-1 data, the most recent reporting years targeted by such a request. The suit mirrors an earlier case in California, Center for Investigative Reporting v. U.S. Department of Labor, where the same type of FOIA request for contractor EEO-1 data led to disclosure of the 2016 through 2020 reports. The…

Quick Hits A number of states passed new laws in 2026 related to paid and unpaid leave, employment discrimination, child labor, noncompete clauses, and pay transparency, among other things. These new state laws will take effect on July 1, 2026, unless otherwise noted. See our article, “2026 Midyear State and Local Minimum Wage Increases,” for a roundup of changes to state minimum wage rates taking effect in mid-2026. Arkansas In…

Quick Hits USCIS will continue to accept adjustment of status filings based on the Final Action Dates for Filing Chart in July 2026. Visas are unavailable for the remainder of the fiscal year for EB-2 applicants from India. EB-4 Certain Religious Workers (SR) is showing priority dates again due to the program’s extension to September 30, 2026. U.S. Citizenship and Immigration Services (USCIS) recently announced that it would continue to…

Quick Hits An MSA is a contract in which both the employer and the employee agree to end the employment relationship by mutual consent, often involving an additional payment from the employer in exchange for a release of claims. MSAs are particularly useful in jurisdictions with stringent termination laws and can help employers avoid prolonged disputes or litigation by securing releases of potential employment claims. A best practice for employers…

In doing so, the proposed rule appears to flip the old presumption on its head, allowing the existence of the prior presumption to serve as evidence of discrimination against those who were excluded from it. Quick Hits The proposed rule replaces the old eligibility framework with a new test requiring applicants to show that a governmental or private entity discriminated against or was biased against their racial, ethnic, or cultural…

Quick Hits The European Union has provisionally agreed to delay the implementation of high-risk AI regulations in employment decisions until December 2, 2027. Subject to formal adoption, the agreement would delay the requirements for “high-risk” systems, which include those intended to be used to make decisions affecting employment terms, promotion, termination, task allocation, and monitoring or evaluating workers’ performance. Although the revised deadline is expected, employers may still want to…

In October 2025, Philadelphia Mayor Cherelle Parker signed amendments to the FCRSSO, effective January 6, 2026. As enacted, the amendments authorized, but did not require, the Philadelphia Commission on Human Relations to create a form of required pre-adverse action notice, an updated summary of rights, and a statement concerning evidence of error or rehabilitation. The Commission has now published a document, titled, “Notice: 2026 amendments to Fair Chance Hiring Law,”…

Quick Hits On June 8, 2026, a Massachusetts federal district court vacated the Trump administration’s $100,000 H-1B fee requirement. On June 11, 2026, the administration filed an appeal of the district court’s decision and on June 12, 2026, asked the district court to stay its decision. With multiple pending challenges in different circuits, the Supreme Court will likely weigh in. Background On September 19, 2025, President Donald Trump issued Proclamation…

Quick Hits ILO Convention No. 193 is the first international labor standard specifically designed for platform and gig economy work. Under the Convention, core protections including minimum wage, social protection, and occupational safety and health (OSH) rights apply to all platform work, regardless of a platform worker’s formal employment classification (e.g., “independent contractor” or “employee”). Algorithmic management is addressed in a binding international instrument for the first time: platforms must…

Quick Hits Governor Jared Polis recently signed legislation that requires employers in Colorado to provide EEO-1 data to the Colorado secretary of state beginning July 1, 2027, even if federal EEO-1 reporting is repealed or discontinued. The new Colorado law may signal a broader trend of state-level action to preserve demographic reporting obligations as the EEOC proposes to eliminate federal EEO-1 reporting. The elimination of federal EEO-1 reporting would create…

Quick Hits Effective January 1, 2027, private employers in Alabama may voluntarily adopt written hiring and promotion preference policies for veterans, spouses of veterans, and spouses of active-duty service members. Employers that implement such policies must notify the Alabama Department of Workforce. The Alabama law’s definitions of veterans and active-duty service members may be narrower than those under USERRA. HB 307 On April 16, 2026, Alabama Governor Kay Ivey signed…

Quick Hits Under the Accessibility for Ontarians with Disabilities Act (AODA), companies with twenty or more employees in Ontario must file an accessibility compliance report by December 31, 2026. The AODA applies to provincially regulated organizations in the Province of Ontario, Canada. Failure to submit the report may lead to potential enforcement action. Background Facts Enacted in 2005, the AODA is Canada’s oldest and most fulsome accessibility legislation. Provincially regulated…

Quick Hits A New Jersey appellate court ruled that employers may be able to claim privilege over certain law firm investigation documents from an investigation initiated prior to a lawsuit under New Jersey law. The court noted that timing of an investigation does not negate privilege if the investigation aims for legal advice or litigation preparation. The court stated that raising an affirmative defense may waive privilege over certain relevant…

Quick Hits A New Jersey appellate court reversed a trial court’s dismissal of five CEPA counts, finding the plaintiff’s retaliatory termination claim was timely because CEPA’s one-year statute of limitations runs from the date of actual discharge, not from prior retaliatory acts. The court held that, under the continuing violation doctrine, the plaintiff’s hostile work environment claim accrued within the limitations period because acts of retaliation occurring within the statute…

Quick Hits Starting on July 1, 2026, B-1 and B-2 visitor visa applicants can pay a $750 fee to secure a consular interview appointment within ten business days at select U.S. embassies and consulates. The expedited option aims to help business and tourist travelers who need faster access to visa appointments due to short-notice travel needs. The State Department will announce participating consular posts before the program takes effect on…

Quick Hits A federal district court vacated the Trump administration’s $100,000 H-1B fee requirement. The court found that the fee exceeded presidential authority and violated the APA. The government is expected to appeal, and USCIS has not yet announced how it will implement the ruling. Background On September 19, 2025, President Donald Trump issued Proclamation 10973, invoking Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) to impose…

Quick Hits Governor Gavin Newsom’s recent executive order directs several state agencies to conduct a comprehensive review of AI’s impact on the labor market. The executive order’s mandates include potential revisions to existing worker protection laws and required notices with reductions in force. The order also emphasizes the need for transparency in AI-related employment data and highlights protections against automated decision-making discrimination. Governor Newsom’s Executive Order N-6-26 directs multiple California…

Quick Hits Fragmentation—not convergence—now defines the global restrictive covenant landscape. Remote work has weakened the logic of traditional geographic restrictions. Mandatory compensation regimes materially change enforcement economics in several jurisdictions. Trade secret litigation is rising as noncompetes narrow—and it is significantly more complex across borders. A single global template creates inconsistent leverage and strategic vulnerability. The global noncompete model is breaking down—not because restrictive covenants are disappearing everywhere, but because…

The Additional Instructions significantly curtail the reporting obligations that federal agencies have maintained for more than two decades under Management Directive 715 (MD-715), the Commission’s primary framework for overseeing federal agency employers’ equal employment opportunity (EEO) programs. The directive relieves agencies of the obligation to report on barrier analysis, diversity and inclusion principles, gender identity, and key demographic workforce data broken down by race, national origin, and gender, and grants…

Quick Hits OCR will be divided into three divisions: the Conscience and Religious Freedom Division, the Civil Rights Division, and the Health Information Privacy, Data, and Cybersecurity Division. HHS and plan sponsor Star Group (SG) reached an agreement to resolve alleged HIPAA violations related to Star Group’s health plan, imposing $245,000 in fines and an extensive corrective action plan. The two-year corrective action plan will require the health plan to…

Quick Hits A federal district court in New Jersey ruled that adult performers on an online streaming platform are independent contractors under the FLSA but qualify as employees under New Jersey’s stricter ABC test. The court found that the performers could not be classified as independent contractors under the ABC test because they operated within the operator’s usual course of business and not outside its places of business by providing…

Quick Hits The Third Circuit ruled that the FLSA does not recognize claims for “gap time,” which refers to unpaid hours that do not exceed overtime limits.  The court declined to rely on the DOL’s guidance suggesting gap time claims are cognizable, finding the FLSA to be unambiguous and the DOL’s guidance otherwise unpersuasive.  This decision eliminates certain gap time claims in the Third Circuit, an area of aggressive DOL…

Quick Hits Unless there is an individual or collective agreement in place, employees in Germany generally have no legal right to workation. Without an A1 Certificate, employers risk a double obligation to pay social security contributions. German law remains applicable during short-term workation within the EU, and mandatory foreign employee protection laws may also apply. A recent study by the Fraunhofer Institute for Industrial Engineering and Organization shows how popular…

Quick Hits Louisiana’s newly enacted workplace violence prevention law, the “Louisiana Behind the Counter Protection Act,” will take effect on August 1, 2026. The law gives employees in customer-facing roles, primarily in retail and hospitality establishments, stronger protection against violence at work. The new law increases criminal penalties against offenders for threats and acts of violence against covered employees. Louisiana’s ‘Behind the Counter Protection Act’ The “Louisiana Behind the Counter…

Quick Hits Virginia Governor Spanberger has signed legislation that expands paid sick leave to all public and private employees. The paid sick leave legislation mandates one hour of paid sick leave for every thirty hours worked, with an annual accrual and use cap of forty hours, and includes provisions that could create challenges for employers, including very loose requirements on the notice employees must give before taking leave. The paid…

Quick Hits Virginia has enacted laws prohibiting certain noncompete agreements for healthcare professionals and restricting the enforceability of noncompete agreements for discharged employees. HB1 and SB1 establish a multiyear schedule to increase Virginia’s minimum wage to $15 per hour by January 1, 2028, with further adjustments based on the Consumer Price Index starting in 2029. SB790 introduces health insurance coverage for menopause and perimenopause symptoms. Limitations on Noncompete Agreements for…

Quick Hits In Sanders v. The Levari Group, LLC, the Appellate Division found that CREAMMA provides an implied private right of action against employers that refuse to hire individuals based on positive cannabis tests. CREAMMA provides that “[n]o employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee … because that person does or does not … use…