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Quick Hits On February 2, 2026, the California Legislature declined to pass legislation (SB 310) that would have allowed employees to directly sue for unpaid wages under section 210, maintaining the current enforcement avenues through the labor commissioner or PAGA. SB 310 aimed to address delays and limited recoveries in existing processes by proposing a new civil action route for employees, but it failed to pass, leaving the current penalty…

Quick Hits Noncompliance with New Jersey’s Earned Sick Leave Law’s recordkeeping requirements creates a presumption that an employer failed to provide the earned sick leave required by the law. Vacation/PTO policies relied upon by employers to comply with the ESLL must provide paid leave for all purposes required by the ESLL. Failure to provide earned sick leave constitutes failure to pay wages under NJWHL, subjecting employers to claims for liquidated…

Quick Hits The U.S. Court of Appeals for the Fourth Circuit reiterated that a low bar exists for asserting a religious discrimination claim at the pleading stage of a Title VII case. The court held it was not a violation of the ADA for an employer to ask about an employee’s vaccination status. An employee’s vaccination status does not support a “regarded as” disabled claim under the ADA in the…

Quick Hits Washington’s Division of Occupational Safety and Health has moved to amend excavation, trenching, and shoring rules, with a focus on general protection requirements. The proposal would require employers to complete a written work plan for any trench excavation that requires a protective system and require a “competent person” to remain onsite any time trenching and evacuation work is being performed. Washington Department of Labor & Industries is holding…

Quick Hits Germany’s Federal Labor Court (BAG) ruled that third-division soccer referees are not employees, reversing the Cologne Regional Labor Court’s decision and determining that the legal dispute should be heard in civil courts. The BAG found that the framework agreement and actual constraints on referees did not establish an employer’s right to issue instructions typical of an employment contract, emphasizing the freelance nature of the referees’ work. The decision…

Quick Hits In FY 2025, union election petitions filed by employees decreased to 2,100, marking the lowest number since 2022, yet still surpassing the first two years of the Biden administration. Unions achieved a high win percentage of 81.9 percent in representation elections, though the percentage reflected a slight decline from the previous year. Employer petitions dropped to 237, but employer petitions have been significantly higher since the NLRB’s 2023…

Quick Hits The Maine Department of Labor recently confirmed that benefit distributions will begin on May 1, 2026, for the PFML program. Both employers and employees contribute to the paid family and medical leave fund. Covered workers will be entitled to take twelve weeks of paid time off for family leave, medical leave, leave to deal with the transition of a family member’s military deployment, or leave to stay safe…

Quick Hits Maine recently enacted a law requiring employers to notify employees and job applicants about employee surveillance. The law does not apply to cameras used in the workplace for safety and security purposes. The law took effect immediately without the governor’s signature. In recent years, more employers have begun using technology to track employee movements and actions. This may include cameras in the workplace, GPS tracking on phones and…

Quick Hits A jury in federal court recently awarded a former employee $5.5 million in her sexual harassment and retaliation case. A female security guard alleged that her boss sexually harassed and assaulted her, and that the company ended her employment after she complained to the company’s owner. Anti-harassment provisions in federal, state, and local laws may vary in scope and application. Background A former security guard sued C&M Defense…

Quick Hits The NLRB has implemented new case intake procedures requiring charging parties to submit evidence before their unfair labor practice cases are docketed. Under the new procedure, a failure to provide documentation and information supporting a charge within two weeks may lead to the dismissal of the charge. Designed to enhance efficiency in case handling and reduce the existing case backlog, the updated process may result in quicker resolutions…