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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…