Recent Posts
News•Feb 26, 2026
What’s Old Is New Again: DOL Proposes to Revert to the 2021 Independent Contractor Framework
The U.S. Department of Labor has issued a notice of proposed rulemaking to rescind the 2024 independent‑contractor rule and revert to a modified version of the 2021 framework. The proposal restores a two‑core‑factor analysis—control and opportunity for profit or loss—while extending the same test to the FMLA and MSPA. DOL argues the 2024 total‑ity‑of‑the‑circumstances model created unpredictability and over‑generalized factors. The change could reshape classification strategies, litigation exposure, and workforce design for employers nationwide.
By Employment Law Worldview
News•Feb 25, 2026
Clearing the Haze: What Employers Should Expect as Proposed Loosening of Federal Marijuana Regulation Moves Forward (US)
President Trump signed an executive order on Dec. 18, 2025 directing the DOJ to reschedule marijuana from Schedule I to Schedule III, acknowledging its medical use. The rulemaking process is still pending, so federal drug‑testing obligations remain unchanged for now....
By Employment Law Worldview
News•Feb 18, 2026
Global Trends in Non-Competes
Non‑compete clauses are facing heightened scrutiny worldwide as governments introduce tighter limits or outright bans. In the United States, several states have restricted use for low‑wage and medical workers, while the FTC pivots to litigation after its 2024 ban was...
By Employment Law Worldview
News•Feb 17, 2026
When Artificial Intelligence Discriminates: Employer Compliance in the Rise of AI Hiring (US)
Employers are rapidly adopting AI for candidate screening, with 88% of firms using such tools by 2025. A California federal case, *Mobley v. Workday*, alleges that Workday’s AI hiring platform discriminates against African‑American, older, and disabled applicants. The court granted...
By Employment Law Worldview
News•Feb 9, 2026
The New Wage Rule and the $100K Proclamation Will Shape the 2026 H‑1B Cap Season
USCIS opened the FY 2027 H‑1B cap registration window for March 4‑19, 2026, requiring online registration and a $215 fee per entry. The season will be dominated by a new wage‑weighted lottery that assigns multiple entries to higher wage levels (Level II‑IV) versus a...
By Employment Law Worldview
News•Feb 6, 2026
Voluntary Disclosure by Applicant of Criminal Conviction History Triggers Protections Under State Ban-the-Box Law (US)
A Pennsylvania truck driver voluntarily disclosed a 15‑year‑old armed‑robbery conviction during a job interview, prompting an immediate rejection. The employer argued the ban‑the‑box law didn’t apply because the information wasn’t obtained from a state agency. The Third Circuit reversed, holding...
By Employment Law Worldview