Ogletree Deakins

Quick Hits On June 5, 2026, FinCEN and several other federal agencies issued a joint advisory highlighting fraud typologies and suspicious activity linked to unlawful employment and employers, including immigration-related schemes. The Treasury Department is expected to propose revisions to the Bank Secrecy Act related to customer due diligence requirements, as well as updates to customer identification program rules to address foreign consular identification cards. On June 8, 2026, the…

Quick Hits The IRS unveiled a new set of detailed FAQs on August 6, 2026, that supersede FAQs that were posted on January 23, 2026, regarding taxation of tips and overtime pay under 2025’s omnibus spending bill. The new FAQs provide information concerning the definition of qualified overtime, eligibility for the deduction, tax withholding obligations, and reporting and correcting qualified overtime on year-end tax forms.   The “no tax on tips…

Quick Hits Because FAMLI allows an employer to choose to cover an employee’s portion of the contribution, a unionized employer that implements FAMLI’s default 50/50 contribution split without first providing the union with advance notice and an opportunity to request bargaining may risk an unfair labor practice charge. Since employers must already bargain over the contribution split, they could include notice of whether they will implement an Equivalent Private Insurance…

Quick Hits The State Department has paused immigrant visa interview appointments at consulates and embassies worldwide so that its officers can undergo training on new public charge screening guidance. Nonimmigrant visa categories—including tourist, student, and temporary work visas—are currently not impacted by the pause. The pause in appointments appears temporary, though a specific timeline has not been announced. The postponement of immigrant visa interviews comes after DHS policy changes affecting…

Quick Hits The State Department is coordinating with the U.S. Department of Homeland Security (DHS) to review and revoke B-1 and B-2 visas issued to foreign nationals between 2016 and 2026 who applied for asylum following their entry into the United States as visitors. Visa revocation generally does not affect the immigration status of an individual currently in the United States, but it will typically prevent reentry into the country…

Quick Hits USCIS will require employment-based adjustment of status (“green card”) applicants to use the Visa Bulletin’s Final Action Dates chart in September 2026. Final action dates for EB-1, EB-2, EB-3, and EB-5 remain unchanged from August 2026; EB-2 India continues to be unavailable. The State Department warns that EB-1 India, EB-2 (all countries), and EB-5 Unreserved categories may retrogress or become unavailable before the fiscal year closes on September…

Quick Hits Colorado’s proposed AI regulations require employers to disclose the use of automated decision-making technology when making significant employment decisions starting January 1, 2027. Employers would need to explain how AI influenced decisions and provide detailed information about the data sources used if an adverse outcome occurs. The proposed rules emphasize transparency and consumer rights and would mandate clear disclosures and technical requirements for request mechanisms for affected employees.…

Quick Hits On August 25, 2026, Canada announced new support programs to help employers impacted by the latest round of U.S. tariffs retain workers, fund training, and avoid layoffs. Extended Employment Insurance (EI) measures allow laid-off or separated employees to access benefits sooner and alongside severance payments. Employers may want to assess eligibility for workforce, EI, and financial support programs when planning staffing or separation decisions. Here is a summary…

Quick Hits Spain published its draft Royal Decree on 4 August 2026, and Portugal published its draft proposal on 5 August 2026. Consultation for both drafts closed recently—24 August for Spain and 25 August for Portugal. Further legislation is expected to provide greater clarity on unaddressed provisions. Despite being published within days of each other, the approaches taken by the two governments vary considerably. Both drafts have been open for…

Quick Hits In Hillsborough County v. Giambrone, a Florida appellate court overturned a lower court’s unprecedented ruling that required a county to accommodate a firefighter-paramedic’s off-duty medical marijuana use after a positive random drug test. The court emphasized that the language in the parties’ collective bargaining agreement (CBA) and drug-free workplace policies must be carefully considered. The court also held that Florida’s medical marijuana framework does not: 1) create a…

Quick Hits On July 9, 2026, Governor Mike Kehoe signed a law extending legal protections under USERRA to Missouri National Guard members and Missouri employees of other states’ National Guards. The law extends the Servicemembers Civil Relief Act (SCRA) to Missouri National Guard members and Missouri employees of other states’ National Guards called to active state duty for more than thirty consecutive days. National Guard members who are public employees…

Quick Hits DHS is proposing a $103,265 fee for every new fiscal year (FY) 2028 H-1B cap-subject petition on top of all existing fees. The fee would apply to all cap-subject employers, regardless of size. The fee would not apply to cap-exempt petitions (i.e., those filed by universities, nonprofit research organizations, and government research organizations) or to petitions to extend or amend existing H-1B status or to change an existing…

Quick Hits A California appellate court reinstated a $13.1 million jury verdict in a gender discrimination case, rejecting trial court limits on noneconomic damages. The court found the trial court had erroneously found a cap on damages for noneconomic damages, even when limiting claims to “usual” distress. The court further held that witnesses are competent to testify to their own retirement plans to support future economic damages. In Glick v.…

Quick Hits OFCCP finalized three rules rescinding and revising federal contractors’ and subcontractors’ affirmative action obligations following the 2025 revocation of EO 11246. The final rules significantly modify obligations under Section 503 by rescinding disability self-identification invitations and the 7 percent utilization goal, rescinding OFCCP’s race- and sex-based regulations, and making technical amendments to the VEVRAA regulations. The rules have varying effective dates, which means that contractors will need to…

Quick Hits San Francisco recently amended its Fair Chance Ordinance to prohibit employers from making adverse employment decisions based on out-of-state criminal convictions or arrests for abortion, miscarriage, gender-affirming care, and drag performances. If an employer sends notice to a candidate or employee regarding an intent to take adverse action based upon a criminal history and the candidate or employee timely responds, the employer must send a reply within fourteen…

Quick Hits Maryland’s Family and Medical Leave Insurance will soon take effect, with contributions commencing on January 1, 2027, and benefits starting no later than January 3, 2028. The MDOL’s FAMLI Division has released new guidance documents covering employer registration, equivalent private insurance plan (EPIP) options, and quarterly wage and hour reporting to help businesses prepare. Employers considering an EPIP must file a declaration of intent (DOI) between September 1…

Quick Hits Employers that wish to pursue an EPIP rather than participate in the FAMLI state plan must file a DOI between September 1 and November 15, 2026, in order to be exempt from making contributions to the state plan during the 2027 calendar year seeding period. The DOI process requires employer registration through the FAMLI Portal, a consultation with and attestation from a licensed insurance agent, and completion of…

The bill was introduced in February 2026 by Assembly Member Liz Ortega (D–District 20), chair of the California State Assembly’s Committee on Labor and Employment, with Assembly Members Ash Kalra (D–District 25) and Alex Lee (D–District 24) signing on as coauthors. As introduced, the bill would have applied statewide, expanding the role of local district attorneys in investigating serious workplace injuries and fatalities across California. Since then, the bill has…

Quick Hits On August 14, 2026, Cal/OSHA released an updated draft of its heat illness regulations that aligns both the indoor and outdoor regulations to be more consistent in language and terminology. The draft outdoor regulation removes the exception which allowed industries other than agriculture, construction, landscaping, oil and gas extraction, and some transportation companies to be exempt from the high-heat procedures. The deadline for submitting comments is September 21,…

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…