Ogletree Deakins

Quick Hits The EEOC voted 2–1 along party lines to rescind the 2024 anti-harassment guidance that recognized harassment based on sexual orientation and gender identity as unlawful under Title VII. The reversal aligns with the Trump administration and EEOC Chair Andrea Lucas’s federal policy shift to define sex as immutable and binary. This rescission follows a federal court ruling that the EEOC had overstepped its authority with the original guidance,…

Quick Hits On January 17, 2026, outgoing New Jersey governor Phil Murphy signed into law a bill that will expand the reach and protections of the NJFLA. The new law also appears to greatly expand state law, including new job-protection provisions for employees taking medical leave. The new law takes effect on July 17, 2026, six months following its enactment. Smaller Employers Affected and Newer Employees Eligible The new law…

Quick Hits USCIS will continue to accept adjustment of status filings based on the Dates for Filing Chart in February 2026. All EB-3 categories advance, except India and China-mainland. EB-4 Certain Religious Workers (SR) is Unavailable (U) in February 2026 due to the program’s sunset on January 30, 2026. Final Action Dates The final action dates in the EB-3 category advance for all countries except for China-mainland and India in…

Quick Hits The U.S. Court of Appeals for the Fourth Circuit provided guidance in a recent unpublished opinion on leave and remote work as reasonable accommodations under the ADA and West Virginia Human Rights Act. Indefinite leave is not a reasonable accommodation as a matter of law. Remote work is not a reasonable accommodation for an employee who is receiving short-term disability insurance benefits, which typically are awarded only when…

Quick Hits On December 19, 2025, Governor Hochul signed into law legislation amending New York’s General Business Law to restrict the use of an applicant’s/employee’s credit history in employment decisions, effective April 28, 2026. The new law prohibits employers from requesting or using credit reports for employees or job applicants unless they fall into specific exceptions, such as certain positions that will have regular access to trade secrets, and positions…

Quick Hits Workers in certain certified professions in Canada can now more easily obtain authorization to work in other jurisdictions. Labour mobility between the provinces and territories, and at the federal level, has reduced red-tape barriers to help qualified professionals work outside the province where they are licensed or regulated. These changes make it easier for employers to reach a larger labour pool while reducing delays and paperwork. Federal—Free Trade…

Quick Hits The California Civil Rights Department’s preliminary pay data reporting templates for the 2025 pay reporting cycle show three new columns on both the payroll employee and the labor contractor employee reports: (1) Exemption Status; (2) Employment Type; and (3) Total Annual Weeks Worked. The preliminary templates show that these new columns are not required fields for the 2025 pay data reporting. The preliminary templates and FAQs are subject…

Quick Hits The legal landscape of employment arbitration continues to evolve as plaintiffs’ attorneys mount new challenges, particularly in light of laws like the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Employers can avoid pitfalls by staying informed on the latest issues and carefully crafting and regularly evaluating their arbitration agreements to maintain effectiveness and enforceability. The Federal Arbitration Act (FAA) promotes the use of arbitration…

Quick Hits Employees may use FMLA leave to attend medical appointments related to serious health conditions for themselves or for a qualifying family member. FMLA leave also covers reasonable travel to and from such appointments. Medical certifications need not include an estimate of travel time to be complete and sufficient. Using FMLA Leave for Medical Appointments The FMLA entitles eligible employees of covered employers to take up to twelve work…

Quick Hits CBP recently proposed changes to its Visa Waiver Program and Electronic System for Travel Authorization and invited public comment through February 9, 2026. Proposed changes include moving to a mobile-only application (the ESTA mobile app) and requiring extensive new data, including social media information and family member details. Enhanced vetting and security changes include adding required applicant biometric uploads (i.e., a photograph of the applicant’s face or a…

Quick Hits New York Assembly Bill A9452 seeks to amend the newly enacted Trapped at Work Act, which prohibits stay or pay agreements that require employees to repay training expenses if they leave their job. The proposed chapter amendments would narrow the scope of the original law to apply specifically to employees, excluding independent contractors and other workers from the prohibitions on reimbursement agreements. The amendments would also allow employers…

Quick Hits Employers must submit separation information through the NJDOL’s Employer Access portal. Previously, employers provided separation information to the NJDOL via a designated email address. Employers may want to register now for portal access and use it to make all timely separation submissions, despite some ambiguity about what separation-related information the NJDOL requires employers to provide. What the 2022 UCL Amendments Require The 2022 amendments to New Jersey’s Unemployment…

Quick Hits USCIS will place a hold on all pending benefit requests filed by or for foreign nationals who are citizens of or were born in countries listed in Presidential Proclamation 10998, issued in December 2025. USCIS will also re-review approved benefit requests of foreign nationals impacted by Presidential Procalamation 10998 who were approved on or after January 20, 2021, an expansion of scope from its December 2, 2025, memorandum.…

Quick Hits On January 1, 2026, the State Department added seven countries to the visa bond program: Bhutan, Botswana, Central African Republic, Guinea, Guinea Bissau, Namibia, and Turkmenistan. On January 6, the State Department added an additional twenty-five countries to the visa bond list, including Algeria, Angola, Bangladesh, Nigeria, Venezuela, and Zimbabwe. The State Department expanded its list of designated ports of entry through which visa bond holds must enter…

Quick Hits The U.S. District Court for the Southern District of New York ruled that denying an employee’s request to continue working from home as a disability accommodation does not constitute disability discrimination. The ruling emphasized that an adverse employment action supporting a disability discrimination claim must be based on an employee’s disability. The ruling underscores the importance of the interactive process in accommodating employees and clarifies the difference between…

Quick Hits Pay equity developments in the UK sit alongside the EU Pay Transparency Directive, which introduces new and additional reporting obligations in the Republic of Ireland, and the Employment Rights Bill, which introduces additional obligations in England, Scotland, and Wales. Gender pay gap reporting has been in discussion in Northern Ireland since the Employment Act (Northern Ireland) 2016, but has faced significant delays, largely due to the suspension of…

Quick Hits On January 7, 2026, OSHAB hosted a roundtable discussion with stakeholders to exchange ideas on changing and improving Board processes and procedures. Several key members of Ogletree Deakins’ Workplace Safety and Health Practice Group attended the meeting and provided input. A variety of topics were discussed at the stakeholders’ roundtable, with invitations to provide commentary and suggestions, including feedback on the following subjects: improved practices and procedural rules…

Quick Hits In 2025, Washington State passed thirty-nine new laws impacting all aspects of employment. State agencies increased and expanded enforcement tools and activity in 2025. Heading into 2026, employers may want to review their policies and practices for compliance as well as prepare for an increase in litigation and administrative enforcement. New Employment Laws Washington’s 2025 legislative session had a renewed focus on labor and employment that largely expanded…

Quick Hits California employers face steep penalties for failing to provide compliant rest breaks, including additional pay, potential wage statement violations, waiting time penalties, and attorneys’ fees. The high penalties reflect the consensus among the legislature, courts, and labor commissioner that rest breaks are essential for employee health, safety, and productivity, benefiting both employees and employers. Employers may want to ensure they adopt clear policies, ensure breaks are duty-free, accurately…

Quick Hits Under the new California “Workplace Know Your Rights Act,” employers must provide a stand-alone written notice to employees by February 1, 2026, detailing workers’ compensation, immigration-related protections, union organizing rights, and other key legal rights. The California labor commissioner has provided a template notice in English and Spanish, with plans to offer additional translations in several other languages soon. Employers must distribute the notice to current employees by…

Quick Hits The Higher Regional Court of Frankfurt am Main (Oberlandesgericht – OLG) recently held that termination of a managing director without notice is effective if the director granted inadmissible salary benefits to works council members outside the department. The managing director’s claims to bonuses and remuneration are valid until termination takes effect. The Case The employee had worked as a managing director of a municipal public transportation company since…

Quick Hits Several new state laws that took effect January 1, 2026, significantly impact employer compliance in areas such as wage and hour regulations, leave administration, and workplace notices, requiring multistate employers to update policies and procedures accordingly. Notable changes include California’s expansion of leave protections for crime victims and the introduction of the mini-WARN Act, Illinois’s new human rights protections for artificial intelligence, and Pennsylvania’s CROWN Act. California Crime…

Quick Hits Registered mail is not prima facie evidence of receipt of a letter, the Hamburg Regional Labor Court recently ruled. After renewed illness, employers must enable employees to undergo a workplace integration management program. The Case—Reintegration of an Employee on Long-term Sick Leave The dispute concerned the validity of a dismissal due to illness. The employer had sent the frequently ill employee an invitation to participate in the employer’s…

Quick Hits Colorado lawmakers amended the FAMLI program to provide an additional twelve weeks of paid leave for employees to care for a child in neonatal intensive care. The premium payments for FAMLI will decrease to 0.88 percent of a worker’s wages in 2026. These changes will take effect on January 1, 2026. Under Colorado’s FAMLI program, employers started paying premiums in 2023, and employees were eligible for FAMLI leave…

Quick Hits CBP updated the Carrier Liaison Program on December 18, 2025. The new list of countries exempt from the six-month passport validity rule has been issued. Citizens of these countries need only have a passport valid for their intended period of stay in the United States. Understanding the Six-Month Passport Validity Rule The six-month passport validity rule requires visitors traveling to the United States to possess passports that are…

Quick Hits Businesses in the hospitality industry may want to ensure they are complying with state service charge laws, which often encompass both consumer and employment regulations. In 2025, several states, including California, Colorado, Florida, and Massachusetts, enacted laws regulating or prohibiting automatic service charges, emphasizing clear disclosure and transparency to protect consumers and employees. A service charge is not a tip or gratuity, and if the service charge is…

Quick Hits The One Big Beautiful Bill Act (OBBB Act), which was enacted in 2025, eliminated taxes on tips and overtime through 2028, prompting the IRS to issue guidance that underscores the importance of employer compliance with tip laws. Employers taking a tip credit under the FLSA must provide specific notice to employees about their direct wage, tip credit amount, and tip retention rules, with failure to comply potentially resulting…

Quick Hits On 18 December 2025, the European Commission announced that it expects all EU member states to complete implementation of the EU Pay Transparency Directive by the 7 June 2026 deadline. Employers that fail to comply with the obligations of the directive risk regulatory sanctions. The question in Parliament followed the Netherlands’s announcement that they expect delays in its implementation of the directive until January 2027. However, the EC…

Quick Hits Under the UK Employment Rights Act, employers may introduce equality action plans on a voluntary basis in April 2026. From 1 January 2027, changes to gender pay gap reporting requirements for employers with 250 or more employees will make equality action plans mandatory. Plans must include measures to address gender pay gaps and details of the support offered to employees during menopause. Employers are not currently obligated to…

Quick Hits DHS finalized a rule to replace the random H-1B selection process with a weighted, wage-level based system, effective February 27, 2026. The new rule prioritizes higher-paid foreign workers by giving them a greater chance of selection in the H-1B cap lottery, while still allowing entry-level workers to participate. USCIS will announce H-1B lottery registration dates at least thirty days in advance, and employers must provide accurate wage and…

Quick Hits New York’s “Trapped at Work Act” bans “stay or pay” agreements that require repayment of training costs if employees leave employment. The law applies to all workers, including employees and independent contractors, classifying repayment agreements for training costs as unconscionable and unenforceable. Employers may want to revise documents and agreements to ensure compliance, particularly regarding tuition assistance and training distinctions. The “Trapped at Work Act” (Article 37, N.Y.…

Quick Hits On December 15, 2025, New Jersey issued rules codifying disparate impact liability under the Law Against Discrimination (LAD) across various sectors, including employment, by clarifying that neutral practices with a disproportionately negative effect on protected classes could violate the law unless proven necessary for a legitimate business interest. The rules clarify a burden-shifting framework for disparate impact claims, requiring complainants to demonstrate impact and employers to provide empirical…

Quick Hits Rather than simply amending the Labour Code, the Polish government plans to implement EU Pay Transparency Directive 2023/970 in a standalone piece of legislation. Employers will be obliged to go through a process of job evaluation, consisting of four core basic criteria. The plan will also see the introduction of a “Job Evaluation Tool.” A failure to comply with the changes may result in a fine of up…

Quick Hits The IRS recently declared it will not enforce tax and reporting requirements for state paid family and medical leave (PFML) benefits in 2026. Thirteen states and Washington, D.C., have enacted state-run paid family and medical leave programs. Under Revenue Ruling 2025-4, amounts paid to an employee under a state’s PFML program should be included in an employee’s gross income and are wages for federal employment tax purposes. However,…

Quick Hits The enhanced premium tax credits for individual health insurance from state-run exchanges or the federal exchange under the ACA will likely expire as Congress adjourns for the rest of the year without passing a measure to extend them. Employee demand for employer-sponsored health benefits will likely surge in 2026 if ACA premiums become unaffordable. It is unclear if Congress will pass a bill to revive the subsidies in…

Quick Hits On December 16, 2025, President Trump issued a proclamation restricting the entry of foreign nationals from select countries, effective January 1, 2026, citing national security and public safety concerns. The proclamation affects nationals of newly designated countries who are outside the United States on January 1, 2026, and do not possess a valid visa, although it does not prohibit the issuance of new visa stamps. Exceptions to the…

Quick Hits USCIS will continue to accept adjustment of status filings based on the Dates for Filing Chart in January 2026. EB-1 applicants born in India and China will advance on final action dates and dates for filing. Most EB-2 applicants will advance on final action dates and dates for filing. EB-3 shows little movement with respect to final action dates and dates for filing. EB-5 Unreserved applicants born in…

Quick Hits The Illinois Department of Human Rights unveiled draft rules for implementing Illinois’s new ban on AI discrimination in employment, clarifying potential notice and recordkeeping obligations for employers regarding their use of AI. The draft rules would apply broadly to all employers under the Illinois antidiscrimination law and would necessitate notice whenever AI is involved in covered employment decisions, regardless of whether it leads to unlawful discrimination. Under the…

Quick Hits In Edwards v. Shelby County, Tennessee, the Sixth Circuit recently held that an employee’s night blindness may qualify as a disability that would require a reasonable accommodation under the ADA. Night blindness is not automatically a disability but may constitute one, depending on the individual’s functional limitations, consistent with the ADA’s fact-specific inquiry. This decision reinforces the ADA’s broad protections after the ADA Amendments Act (ADAAA). Background on…

Quick Hits The U.S. Senate confirmed President Trump’s nominations of James D. Murphy and Scott Mayer to the NLRB, and Crystal S. Carey to be the NLRB’s general counsel. The confirmations restore a quorum of three members on the NLRB, enabling the Board to function and decide cases. Carey’s appointment is expected to shift enforcement policies at the NLRB in line with the Trump administration. Despite having a quorum, the…