Ogletree Deakins

Quick Hits Seventeen states (California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin), led by the Commonwealth of Massachusetts, have sued the U.S. Department of Education (ED) over IPEDS’s Admissions and Consumer Transparency Supplement (ACTS), alleging violations of the Administrative Procedure Act, the Paperwork Reduction Act, and the E-Government Act. On March 13, 2026, the U.S. District Court…

Quick Hits A New Jersey federal court granted a request to transfer venue in an age discrimination lawsuit involving a remote employee, transferring the lawsuit to a federal court in a district where the employer was located. The court determined that venue was appropriate where the employer is headquartered and where the alleged discriminatory decisions were made, rather than where the employee resides, and emphasized that litigation convenience weighed in…

Background Under the Jeanne Clery Campus Safety Act, colleges and universities that receive federal financial aid are required to collect and disclose statistics for certain “reported” crimes, including sex offenses. In Galvin, the plaintiff employee, Thomas Galvin, served as the defendant college’s primary campus security authority and chief compliance officer for the Clery Act. As such, Galvin was responsible for making Clery Act disclosures. In November 2010, Galvin learned of…

Quick Hits In Bruce v. Adams and Reese, LLP, a former employee sued a law firm for disability discrimination, retaliation, sexual harassment, and hostile work environment. The Sixth Circuit recently concluded that a mandatory pre-dispute arbitration agreement is voidable when a plaintiff brings multiple claims in a case that includes sexual harassment and/or sexual assault. This is the first federal appellate ruling to find that an entire lawsuit is barred…

Quick Hits The standard workweek in Mexico will decrease from forty-eight to forty hours, by two hours per year starting in 2027. Wages and benefits cannot be reduced. Overtime is restructured. A six-day schedule remains permissible. Key Changes Under the Reform Reduced weekly hours. The standard workweek will decrease to forty hours per week in 2030. The reform does not mandate two rest days per week. Hence, the current structure…

Quick Hits The Sixth Circuit declined to enforce the NLRB’s 2023 Cemex standard, which allowed bargaining orders based on unfair labor practices without regard for the results of secret-ballot elections. The court reasoned that the Board engaged in improper rulemaking disguised as adjudication. The court emphasized that the Board overstepped its authority by disregarding the longstanding preference for secret-ballot elections “as the barometer of a union’s support among employees.” The…

Quick Hits HB 26-1054 was drafted to address workplace safety standards in a time of declining federal enforcement and would grant the Colorado attorney general and private citizens the ability to file civil lawsuits to ensure the law is followed. The bill would increase the state’s role in workplace safety by allowing state lawmakers to create new workplace safety rules when existing federal regulations are repealed. Opponents of the legislation…

Quick Hits The new Form I-129 edition dated February 27, 2026, replaces the January 20, 2025, edition, which USCIS will not accept for petitions postmarked on or after April 1, 2026. The updated form requires detailed position requirements. FY 2027 H-1B Cap Season The H-1B registration period for FY 2027 opened at noon eastern time on March 4, 2026, and closes at noon eastern time on March 19, 2026. A…

Quick Hits Digitalization in business processes in Germany has led to challenges such as the online acquisition and submission of sick leave certificates without physician contact. The Higher Labor Court of Hamm ruled that a sick leave certificate obtained without a personal medical examination is insufficient and can justify an employee’s immediate. Businesses may want to educate supervisors and HR departments on the varying evidentiary value of sick leave certificates,…

Quick Hits A federal district court recently concluded that IT recruiters for a staffing firm qualified for overtime pay because they did not fall within the FLSA’s administrative exemption. The court relied on the administrative/production dichotomy, which distinguishes nonexempt workers who produce and sell a company’s goods and services from exempt workers who administer the business. The court also concluded that the job duties of the recruiters did not rise…

Aviation disruption across the region has been significant. Industry estimates suggest that more than 100,000 travelers may currently be stranded across Middle Eastern aviation hubs, with tens of thousands of flights cancelled or diverted since the escalation of hostilities in late February. Major transit hubs, including Dubai, Doha, Abu Dhabi, Muscat, and Manama, have experienced widespread disruption, leaving employees and business travelers unable to return home or resume normal travel…

Quick Hits New York enacted amendments to the Trapped at Work Act that delay its effective date to December 19, 2026. The law’s central prohibition is unchanged in purpose but sharpened in phrasing; Employers may not require, as a condition of employment, that an employee or applicant execute an employment promissory note. The statute defines such a note as any instrument, agreement, or contract provision that requires an employee to…

Quick Hits The Fifth Senate of Germany’s Federal Labor Court clarified that remuneration in the event of default of acceptance (Section 615 sentence 1 BGB) cannot be contractually excluded in advance in the event of an invalid termination by the employer or a termination that only takes effect later. Although the provision can, in principle, be contractually amended, this does not apply to the protection of livelihood. Remuneration is a…

Quick Hits The Consolidated Appropriations Act of 2026 (CAA 2026) represents the most sweeping federal effort to date to regulate pharmacy benefit managers (PBMs). Most of the changes will not take effect until 2029 (for calendar year plans). At the center of the CAA 2026: full pass-through of rebates and required compensation disclosure by PBMs. The CAA 2026 represents the most sweeping federal legislative effort to regulate the pharmacy benefit…

Quick Hits An Ontario labour arbitrator accepted eyewitness evidence of an employee’s cannabis use based on the distinct smell of marijuana, finding this constituted “clear and cogent evidence” even without formal drug recognition training. The employee’s dismissal was reduced to a three-month suspension because the employer did not prove observable impairment—only that cannabis was consumed during working hours. The employer’s delayed response—waiting until the next day to escalate the concern—eliminated…

Quick Hits The State Department updated the Foreign Affairs Manual (FAM) to broaden B-1 visa eligibility for foreign nationals involved in installing, servicing, and training related to commercial or industrial equipment purchased from foreign companies. A new “Specialized Trainers” category has been added to the FAM, allowing foreign nationals to enter the United States on a B-1 visa to train U.S. workers on specialized or proprietary techniques, skills, or know-how…

Quick Hits Trucking employers must pay Washington-based drivers 1.5 times the regular rate for hours worked over forty per week, or the “reasonable equivalent” of overtime. In Bostain v. Food Express, Inc., Washington’s Supreme Court held that the MWA applies to interstate drivers regardless of where the drivers are performing the work. Noncompliance can be very costly, and violations can result in double damages under Washington law. Employers with Washington…

Quick Hits Multinational employers planning workforce reductions must complete required consultations before making any global announcements or cutting system access. Many countries require mandatory government notifications even for single terminations, not just mass layoffs. A global reduction in force is not a single event—it is a coordinated series of local processes, each with its own rules, timelines, and execution formalities. This U.S.-centric approach, when implemented outside the United States, routinely…

Quick Hits The FTC said in a policy statement that it will take a relaxed COPPA enforcement position for certain website and online service operators that collect personal information solely for determining a user’s age without first obtaining parental consent if specific conditions are met. The FTC’s policy statement applies only to “general” and “mixed” audience operators of websites and online services, not operators that target children as their primary…

On February 18, 2026, the U.S. General Services Administration (GSA) released a draft revised Supporting Statement providing the text of this proposed certification, which would be added to the registration process for the System for Award Management (SAM.gov), the federal database where entities must register to receive federal funding. The certification requirement implements Executive Order (EO) No. 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and the U.S. attorney general’s…

Quick Hits The NLRB issued a final rule that reinstates the 2020 standard for joint employer status, formally withdrawing a broader 2023 rule struck down in federal court.  The rule narrows the meaning of “essential terms and conditions of employment” for joint employer status purposes to wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction. The return to the 2020 rule provides greater clarity and predictability for employers,…

Quick Hits Sleeping malware delays the cyber attack making it difficult for organisations to pinpoint where the threat has come from, and often can remain undetected making it too late to stop the attack. Attacks can result in business disruption, loss of personal data, and reputational damage. Organisations cannot entirely eliminate risk, but they can take precautions to reduce exposure and increase the likelihood of early detection and effective response.…

Quick Hits New Jersey Senate Bill S3452 aims to enhance employment protections for registered medical marijuana patients by preventing employers from taking adverse employment action against them based solely on their status as medical marijuana cardholders or their having tested positive for cannabis. If enacted as proposed, the bill would prevent an employer from taking adverse employment action against such an employee unless the employer can establish by a preponderance…

Quick Hits On January 29, 2026, the First Circuit reversed the dismissal of plaintiffs’ religious discrimination and retaliation claims arising from their employer’s COVID-19 vaccination policy. In doing so, the First Circuit made clear that “my-body-is-my-temple arguments rooted in a plaintiff’s religious beliefs are sufficient to plead the existence of a bona fide religious belief.” Additionally, although the employees resigned their employment, the court concluded that allegations regarding the investigation…

Quick Hits The Department of Education found that San José State University’s policies allowing student-athletes assigned male at birth to compete in women’s sports and access the corresponding facilities “deny women equal educational opportunities and benefits.” This finding follows a directed investigation pursuant to President Donald Trump’s February 2025 executive order barring transgender athletes from competing in women’s sports. The executive order—which takes the position that allowing transgender student-athletes’ participation…

Quick Hits EB-1 advances for China and India. All EB-2 categories advance, except China. EB-3 advances except China and India. Final Action Dates The final action dates chart show the following movement in the March 2026 Visa Bulletin: EB-1: Advances one month for China and India; all other countries continue to be current. EB-2: No movement for China, India advances two months to September 15, 2013; all other countries advance…

Quick Hits The U.S. District Court for the Western District of Washington recently granted summary judgment to an employer, holding that the plaintiff’s FLSA and Washington state wage claims were barred by a valid separation agreement and release. The court rejected the argument that FLSA rights can never be waived by contract, finding no binding authority or statutory text to support a categorical prohibition on waiver. The court also held…

Quick Hits The USPS recently changed a rule so that postmarks may reflect the processing date, rather than the date a post office obtained a letter or package. The new rule could lead to fines for employers if mandatory notices concerning employee benefit plans are deemed late. Electronically sending mandatory notices can help to meet a legal deadline, if the recipient has agreed to electronic communications. Under federal laws like…

Quick Hits The DCWP has released proposed rules to implement the recent amendments to New York City’s ESSTA. The ESSTA amendments included the addition of thirty-two unpaid leave hours, expansion of ESSTA reasons, new pay statement documentation requirements, and modification of potential penalties. Employers and other stakeholders may submit comments to the DCWP. A public hearing on the proposed rules is scheduled for March 2, 2026, at 11:00 a.m. EST.…

Quick Hits On December 19, 2025, the FTC announced an enforcement action against business-to-business no-poach practices and issued a proposed order that would require building services contractor Adamas Amenity Services LLC and its affiliated businesses (Adamas) to cease enforcement of their anticompetitive no-hire agreements. The order was finalized on February 12, 2026. This latest action, which mirrors two prior enforcement actions of the same type against Planned Building Services and…

Quick Hits The OECD’s November 2025 update to the Model Tax Convention introduces a new two-part framework for assessing permanent establishment (PE) risks from cross-border remote work, including a 50 percent working time safe harbor and a “commercial reason” test. No automatic PE arises from mere employee-driven remote work in another country, providing relief for multinational employers managing hybrid and distributed teams. Employers may want to track working time splits…

Quick Hits Despite repeated requests from multiple courts, the administration has yet to articulate what distinguishes lawful DEI programs from those that the federal government believes violate antidiscrimination laws, leaving employers without clear compliance guidance. Federal contractors and money recipients that cannot certify compliance face potential False Claims Act liability, including treble damages, civil investigative demands, and possible criminal exposure—consequences far exceeding traditional antidiscrimination enforcement. The Seventh Circuit panel signaled…

Quick Hits On February 6, 2026, the Fourth Circuit held that the plaintiffs’ facial challenges in National Association of Diversity Officers in Higher Education v. Trump to President Trump’s anti-DEI executive orders (EOs) were unlikely to succeed, but the court did not validate the administration’s enforcement practices, did not endorse its interpretation of anti-discrimination law, and did not define what constitutes “unlawful DEI.” The certification provision in EO 14173 applicable…

Quick Hits Federal contractors must distinguish between contracts entered into before January 30, 2022 (subject to Executive Order (EO) 13658 and DOL’s annual indexed increases), and those entered into on or after that date, which were governed by EO 14026 prior to its revocation. Even though DOL is no longer enforcing EO 14026, contractors remain bound by existing contract clauses unless modified by the contracting officer and must comply with…

Quick Hits The EEOC issued FAQs to assist federal agencies in implementing President Trump’s return-to-office order in compliance with the Rehabilitation Act of 1973, the federal sector analog to the ADA. As private employers implement return-to-office policies, the EEOC’s FAQs provide useful guidance for managing telework accommodation requests under the ADA. Employers may re-evaluate existing telework arrangements for individual employees and modify or rescind them, depending on the availability and…

Quick Hits On February 13, 2026, Cal/OSHA issued a notice of proposed rulemaking to implement the “walkaround rule,” which would allow additional employee and employer representatives during inspections. The proposed regulation introduces a framework for involving employer and employee representatives, including third parties, during inspections, raising concerns about potential contentious and adversarial environments. The draft regulation follows the federal OSHA walkaround rule and includes provisions for additional representatives, inspector authority,…

Quick Hits Governor Abbott has directed Texas public institutions of higher education and state agencies to freeze the initiation or filing of any “new” H-1B petitions for foreign employees until May 31, 2027. Governor Abbott has also directed the impacted state agencies and university institutions to provide H-1B sponsorship data to the Texas Workforce Commission. This directive appears to impact “new” H-1B visas sought by state government agencies and public…

Quick Hits The Third Circuit explained that challenges to diversity efforts must prove both a discriminatory purpose and impact to trigger strict scrutiny and found sufficient evidence that the district’s policy aimed to alter the racial makeup of its selective high schools. The court emphasized that it is unconstitutional for schools to seek specific racial percentages or racial balancing, and that even race-neutral criteria like zip codes can be scrutinized…

Quick Hits A proposed class action alleges that a widely-used AI-powered tool violates the federal FCRA and California’s ICRAA by compiling sensitive, individualized personal information on job applicants without their consent.  The complaint contends that by evaluating applicants based on extensive data sources—such as LinkedIn profiles, publications, and job application history—the tool generates consumer reports subject to the disclosure, authorization, notification, and certification requirements of both statutes. The lawsuit could…

Quick Hits The FTC negotiated a ten-year consent order with an employer to end the employer’s enforcement of blanket noncompete agreements against nearly 1,800 employees. The consent order mandates that the employer notify employees and former employees that the company’s noncompete agreements are no longer effective, cease enforcement of those agreements, and provide ongoing compliance reporting to the FTC for a decade. The consent order comes after the Trump administration…