Ogletree Deakins

Quick Hits The EEOC held a hearing that drew testimony from a broad range of stakeholders on the Commission’s proposal to rescind the EEO-1 through EEO-6 information collections and related recordkeeping and record preservation requirements. Both employer-side and employee-side speakers warned that eliminating standardized reporting may not reduce employers’ overall data obligations; the same information may still be sought through investigations, subpoenas, and litigation. Employer groups underscored that the proposal…

Quick Hits The National Oceanic and Atmospheric Administration (NOAA) predicts below-normal hurricane activity for 2026 but emphasizes that employers should prepare before storms threaten. Federal wage and hour rules are not suspended during natural disasters. Airport closures, flight cancellations, and ground stops can strand traveling employees and trigger unexpected wage obligations. Although NOAA forecasts a below-normal hurricane season—with a 55 percent chance of below-normal activity and only a 10 percent…

Quick Hits On August 6, 2026, President Trump issued two executive orders aimed at limiting birthright citizenship under certain circumstances and ending “birth tourism.” The first executive order expands the recognized exceptions to birthright citizenship, narrowing who qualifies for U.S. citizenship at birth. The second executive order directs the State Department and DHS to deny or revoke nonimmigrant visas when there is reason to believe the purpose of travel is…

Quick Hits The Office of Management and Budget (OMB), through the Office of Information and Regulatory Affairs (OIRA), has renewed Form CC-305, which invites applicants and employees of covered contractors to identify their disability status through July 31, 2029. The renewal means covered contractors subject to Section 503 self-identification requirements should continue using the OMB-approved form bearing the new expiration date. On July 16, 2026, OMB approved Form CC-305 (Voluntary…

Quick Hits DHS has proposed a rule to eliminate the sixty-day grace period afforded to certain nonimmigrants, such as E, H-1B, H-1B1, L-1, and TN visa holders and their dependents. The full text of the proposed rule has not yet been published, and its exact details remain unknown. The rule is undergoing review by OMB before being published in the Federal Register for notice and comment. The sixty-day grace period…

Quick Hits California SB 1203 would increase required initial security guard training from thirty-two hours to forty-two hours and require sixty hours of annual training. The bill would require eight hours of initial and annual training to focus on practicing de-escalation skills through in-person, interactive training. Employers would be required to pay for required training and compensate security guards for time spent completing the training. The proposed requirements may also…

Quick Hits In Adelanto Elementary School District v. Krause, a California appellate court upheld the bulk of a restraining order against a former school district superintendent who later was elected to the school district’s board of trustees. The court found the former superintendent exhibited a pattern of stalking and harassing texts that were “alarming and frightening” to employees. The court shortened the duration of the restraining order and removed a…

Quick Hits The U.S. Senate confirmed two nominees for the NLRB to new five-year terms. The confirmations give the Board a 3–1 Republican majority that will allow it to overturn precedential decisions. Despite the new additions, one vacancy on the five-member Board remains. The Senate confirmed Republican James Macy, a U.S. Department of Labor (DOL) official and former management-side labor attorney, and Democrat David Prouty, who was renominated for a…

Quick Hits The U.S. Senate confirmed two nominees for the NLRB to new five-year terms. The confirmations give the Board a 3–1 Republican majority that will allow it to overturn precedential decisions. Despite the new additions, one vacancy on the five-member Board remains. The Senate confirmed Republican James Macy, a U.S. Department of Labor (DOL) official and former management-side labor attorney, and Democrat David Prouty, who was renominated for a…

Quick Hits The 2026 VETS-4212 reporting platform opened on August 1, 2026. All 2026 VETS-4212 filings are due by September 30, 2026. Federal contractors and subcontractors with a single covered contract of $200,000 or more are required to file VETS-4212 reports. Who must file VETS-4212 reports? Federal contractors or subcontractors with a single contract of $200,000 or more for the procurement of personal property or nonpersonal services, regardless of the…

Quick Hits In Baker v. Van Dolder’s Home Team Inc. (2026 ONCA 568), the Ontario Court of Appeal unanimously held that without-cause termination provisions containing the words “at any time” or “at any time and for any reason” are not, by that language alone, inconsistent with the Employment Standards Act, 2000 (ESA) and are therefore enforceable. The decision provides an authoritative interpretive framework: termination provisions must be read in context,…

Quick Hits On August 3, 2026, the State Department published a final rule, effective immediately, that establishes a permanent visa bond program. The rule allows consular officers to require certain B-1/B-2 visa applicants from designated countries to post bonds of $10,000, $15,000, or $20,000 based on an applicant’s individual circumstances. A visa bond may be forfeited if the visa holder violates the bond’s terms and conditions, including by overstaying or…

Artificial intelligence (AI)–assisted workforce analytics and simpler changes to how reports are generated and reviewed can both help employers continuously monitor that data and correct issues earlier, reducing wage-and-hour exposure in California and beyond. This article opens a new series, “Beyond the Data,” on turning existing workforce data into a preventive compliance program. It also introduces a simple, five-stage framework that the rest of the series will build on. Quick…

Quick Hits The Mexican Tax Authority’s tax electronic signature (e.firma) will now be the only digital credential for ALL employer procedures before the Mexican Institute of Social Security (IMSS). Employers have until October 14, 2026, to update their credentials. The agreement (ACDO.AS2.HCT.160726/3.P.DIR) is the result of a transition process intended to digitalize all IMSS processes. Main Modifications and Procedures The implementation of this agreement represents that the e.firma will be…

Quick Hits The DOJ recently published guidance that clarifies legal protections for religious beliefs and practices in the federal workplace, consistent with recent executive orders and decisions from the U.S. Supreme Court. The U.S. Constitution, Title VII of the Civil Rights Act of 1964, and the Religious Freedom Restoration Act of 1993 (RFRA) protect religious expression and practices by individuals and organizations. The new guidance is directed to federal agencies,…

Quick Hits On July 22, 2026, the California Occupational Safety and Health Standards Board released a revised draft workplace violence prevention regulation that clarifies and narrows employer-provided transportation to only include “employer-provided transportation under the employer’s control.” The revised draft regulation no longer includes the previous exception to “Threat of Violence” that provided “The employer is not responsible for texts, electronic messages, or personal social media that are not brought…

Quick Hits To date, only five countries in the EU have fully implemented the rules outlined in the EU’s pay transparency directive. The remaining EU countries are working toward implementing the directive, but have not done so yet, although the deadline for implementation has passed. The deadline for member states to transpose EU Pay Transparency Directive 2023/970 into national law was June 7, 2026. Greece, Italy, Lithuania, Malta, and Slovakia…

Quick Hits A claim for damages based on termination-related fault may arise only if the employer’s serious breach of contract would have justified extraordinary termination without notice. An employer may be liable for misconduct among coworkers only if the employee acted as the employer’s vicarious agent, for example as a supervisor with authority to issue instructions, or if the conduct had a close factual connection to assigned job duties. Furthermore,…

Quick Hits The D.C. Circuit’s July 2026 ruling in Trustees of the IAM National Pension Fund v. M&K Employee Solutions affirmed most of an $11.4 million withdrawal liability judgment against affiliated employee-leasing entities while reversing a $1.6 million delinquent contributions judgment because the pension fund failed to establish the full four-factor single-employer test beyond common ownership. Business owners participating in multiemployer pension plans face potential personal liability under the MPPAA’s…

Quick Hits The ArbG Berlin found that a nonbinary person’s employment application was not genuinely aimed at obtaining the position and therefore dismissed the subsequent compensation claim as an abuse of rights. Whether a disadvantage had occurred remained open because the court dismissed the claim on the basis of abuse of rights. Protection of nonbinary persons against discrimination remains unaffected. The Case—Binary Job Posting and Rejection With an Incorrect Salutation…

Quick Hits The New Jersey Supreme Court ruled that the 2023 Opposition Amendment, which permitted the state attorney general to more easily effectuate NJFCA lawsuits based on public disclosures, applied retroactively to pending cases. The court held that the Opposition Amendment was a procedural change that applied retroactively because it altered only how the state attorney general could overcome the NJFCA’s “public disclosure bar” (a doctrine that precludes actions by…

Quick Hits On June 30, 2026, New Jersey Governor Sherrill signed legislation that bans the sale of sensitive consumer data by nearly all individuals and entities, with limited exceptions for HIPAA-covered entities and Gramm-Leach-Bliley-covered financial institutions. Violators of the sensitive data sale ban face civil penalties of $50,000 for each record sold, offered for sale, or licensed. Data brokers and data collectors must register with the New Jersey Division of…

The settlement arrives as the SBA is simultaneously overhauling the eligibility standards for its 8(a) Business Development Program, moving away from race-based presumptions of social disadvantage toward a new, discrimination-based test. Together, these developments underscore why businesses participating in SBA set-aside programs must stay current on evolving eligibility rules and ensure their certifications are well-documented to avoid inadvertent misrepresentations that could expose them to FCA liability. Quick Hits The DOJ…

Quick Hits Colorado now prohibits employers from retaining original versions of employee government identification documents for longer than ten hours. There is an express carveout for employers making and retaining copies of government identification documents. Employers must notify employees of the new prohibitions on retaining government identification documents when employment eligibility is verified, even if the employer does not require or retain original identification documents. Violations of the new law…

Quick Hits The WHD issued two companion opinion letters, FLSA2026-9 and FLSA2026-10, that together explain how it analyzes whether commute and pre-commute time is compensable under the FLSA. The unifying test is the “primary beneficiary” analysis—time predominantly for the employer’s benefit is work, time predominantly for the employee’s benefit is not—applied to the totality of the circumstances. FLSA2026-9 recognizes the ordinary commute as a third category of noncompensable time that…

Quick Hits The D.C. Circuit ruled that the NLRB’s “successor bar” rule violates the NLRA when it forces employers to recognize unions despite evidence of lack of majority support. The ruling reinforces employees’ rights to choose their representatives or to be union-free and challenges the NLRB’s authority to create additional barriers to change or remove union representation. This decision signals increased judicial scrutiny of NLRB decision-making, following the Supreme Court’s…

Quick Hits Employers must comply with obligations related to: (i) the prevention of discrimination and violence against women, (ii) NOM-035-STPS-2018 Psychosocial Risk Factors, and (iii) the Chair Law (“Ley Silla”). The government has increased workplace investigations, raising the importance of ensuring that employers are in compliance with employment-related laws.  Key Obligations Prevention of discrimination and violence against women. As a result of several amendments to guarantee an environment free of…

After the employment termination, employers may wish to continue monitoring for potential workplace safety threats and have strategic communication and crisis-response plans in place to address them. Quick Hits A pre-termination risk assessment and a carefully planned employment termination meeting can protect the safety and dignity of everyone involved. Prompt revocation of a departing employee’s system and building access, along with a coordinated return of company property, can help prevent…

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…

Quick Hits Employers with employees in Minnesota must designate and communicate their chosen accrual year for ESST or it defaults to the calendar year. Eligibility is based on a “good faith” determination that an employee will work at least eighty hours per year in Minnesota. Employees—not employers—control whether ESST is used. ESST used for a nonqualifying purpose is not protected and may be subject to discipline in accordance with the…

Quick Hits The Seventh Circuit held that the BIPA clarifying amendments, which limit plaintiffs to “at most, one recovery” per person per method of collection, apply retroactively to pending cases. The court found “the Illinois law of retroactivity is well established, allowing us to predict how the Supreme Court of Illinois would rule with a high degree of confidence.” Because the amendment addresses only the statutory damages available to plaintiffs—not…

Quick Hits Colorado’s law governing automatic renewal clauses in contracts now applies to businesses and individuals, rather than just individuals. Online automatic renewal contracts must have an online method of cancellation that does not obstruct a business’s or individual’s ability to terminate automatic renewal or continuous service, immediately. Businesses may still display retention offers or discounted pricing during the cancellation process, but the business must simultaneously and prominently display a…