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Quick Hits Maine Governor Janet Mills recently signed a bill that updates the state’s existing substance use testing law to prohibit arbitrary drug testing in the workplace. The new provisions permit drug testing based on reasonable suspicion of impairment, criteria-based testing, and random testing based on neutral selection methods. The law will take effect on July 29, 2026. The legislation updates Maine’s existing substance use testing law as follows: Employers…

Though neither Virginia nor Maine requires the disclosure of benefits information, both states’ laws require employers to disclose compensation information in job postings. Further, they continue the trend of the laws varying in nuanced and significant ways. For example, Maine imposes a ten-employee coverage threshold for purposes of its job posting requirements, and also incorporates recordkeeping and employee-request obligations; Virginia combines its posting requirements with a salary history ban, anti-retaliation…

Quick Hits EU member states Estonia, Malta, Lithuania, and Slovakia have released recent updates on their respective implementation of the EU Pay Transparency Directive. Delays are now expected for Estonia; meanwhile, Malta, Slovakia, and Lithuania are still on track to meet the 7 June 2026 deadline. The European Commission has previously stated that the date for implementation remains 7 June 2026. Estonia The Economic Affairs Minister for Estonia, Erkki Keldo,…

Quick Hits A lawful strike in Germany can supersede previously approved vacation, resulting in  an employee not receiving vacation pay for the strike period. Vacation from the previous year may expire if it is not taken during the carryover period; the employer’s special obligations to cooperate may be set aside if the vacation has already been requested and approved. The Case—Vacation Approved, Strike Underway: Who Pays? The employer, a recycling…

Quick Hits Oklahoma’s HB 3127 imposes a mandatory zero-tolerance drug and alcohol standard for safety-sensitive positions and replaces the previous broad employer-judgment standard with a specific list of qualifying duties. Employers now have expanded authority to act on positive marijuana tests under any compliant written drug and alcohol testing policy—not just for safety-sensitive roles. Employers still cannot take adverse action solely because someone holds a medical marijuana license. Zero Tolerance…

Quick Hits Parts of Florida, Georgia, and South Carolina are experiencing unhealthy air quality due to wildfire smoke. Employers may need to take safety precautions against wildfire smoke to comply with the federal Occupational Safety and Health (OSH) Act and certain state-level laws. Some workers have disabilities that require reasonable accommodations when air quality is poor. With heavy wildfire smoke, harmful particles, gases, and ash can seep into workplaces and…

Quick Hits The federal Fair Labor Standards Act (FLSA) requires for-profit employers to pay all employees for all hours worked. Some interns and students are not considered employees if they meet the criteria of the “primary beneficiary” test. Some states have laws governing unpaid internships that are stricter than the FLSA. Unpaid internships remain fairly common in certain industries, including restaurants, publishing, television and filmmaking, music, and fashion. This designation…

Quick Hits In Sonderling v. Ikes Artisan Pizza LLC, the DOL argued that the FLSA’s anti-retaliation provision grants courts broad authority to award punitive damages against employers. The case implicates an unresolved circuit split and could significantly increase financial exposure under the FLSA retaliation. Background The Ikes Artisan Pizza case centers on a complaint filed by the DOL in 2022 alleging that the employer retaliated against an employee for communicating…

Quick Hits California Senate Bill 951 would require employers to provide at least ninety days’ advance written notice before eliminating positions due to AI or automation affecting twenty-five or more workers or twenty-five percent of the workforce, and to separately notify state agencies when they permanently stop hiring for roles replaced by AI. The bill would protect affected workers at companies with more than one hundred employees by prohibiting discharge…

Quick Hits Several federal laws may require businesses to provide reasonable accommodations for employees seeking infertility treatments. A growing number of states have passed laws requiring health plans to cover infertility diagnosis and treatments. Fertility medications and procedures are not always covered by health insurance. Leave Benefits The Family and Medical Leave Act (FMLA) may apply to fertility treatments if they are needed to address a serious health condition requiring…