JD Supra (Labor & Employment)

JD Supra (Labor & Employment)

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Employment law and compliance analysis with frequent HR technology and policy coverage

Job Ads: What Works and Doesn’t in LATAM Countries
NewsApr 2, 2026

Job Ads: What Works and Doesn’t in LATAM Countries

The article outlines how Brazil, Chile, Colombia and Uruguay regulate job advertisement language, emphasizing that while none impose strict wording mandates, all prohibit discriminatory references. It highlights specific prohibitions—sex, age, race, family status in Brazil; broad protected categories in Chile;...

By JD Supra (Labor & Employment)
The Fine Print of 529 Plans: What New York Doesn’t Cover
NewsMar 31, 2026

The Fine Print of 529 Plans: What New York Doesn’t Cover

Section 529 plans let families save for education with tax advantages, but federal and New York rules diverge on what counts as a qualified expense. Starting in 2026, the federal limit for K‑12 tuition withdrawals doubles to $20,000 and non‑tuition costs become...

By JD Supra (Labor & Employment)
Massachusetts Legislators Skeptical Of Prohibitionist Ballot Initiative
NewsMar 31, 2026

Massachusetts Legislators Skeptical Of Prohibitionist Ballot Initiative

Massachusetts legislators are scrutinizing ballot initiative No. 25‑10, which would repeal adult‑use cannabis sales and revert the state to prohibition. The proposal, backed by the out‑of‑state‑focused Coalition for a Healthy Massachusetts, faces fierce opposition from local operators, equity advocates, and the...

By JD Supra (Labor & Employment)
Money Talks March 2026 - Money, Money, Money, Money... Money: Motion for Summary Judgment in Lieu of Complaint
NewsMar 31, 2026

Money Talks March 2026 - Money, Money, Money, Money... Money: Motion for Summary Judgment in Lieu of Complaint

The New York court granted summary judgment in lieu of complaint under CPLR 3213 for a partially‑paid promissory note exceeding $24 million in TSLA Capitals v. ATL Funds. The ruling clarifies that a note remains an “instrument for the payment of money...

By JD Supra (Labor & Employment)
The New Normal: Joint Ventures, Longer Commitments, and the Rise of Earn-Outs
NewsMar 31, 2026

The New Normal: Joint Ventures, Longer Commitments, and the Rise of Earn-Outs

Veterinary practice transactions are moving from outright buyouts to partnership‑focused structures. Joint ventures now outnumber full acquisitions, and sellers are expected to stay involved for four to five years after closing. Earn‑outs are increasingly linked to post‑closing EBITDA rather than...

By JD Supra (Labor & Employment)
The FTC Launches a Dedicated Healthcare Task Force
NewsMar 31, 2026

The FTC Launches a Dedicated Healthcare Task Force

On March 20, 2026 the Federal Trade Commission announced a new Healthcare Task Force that unites antitrust and consumer‑protection resources to curb consolidation‑driven price hikes and quality gaps. The task force will be co‑chaired by leaders from the FTC’s Competition...

By JD Supra (Labor & Employment)
Ninth Circuit Affirms Partial Denial of Motion to Compel Arbitration
NewsMar 31, 2026

Ninth Circuit Affirms Partial Denial of Motion to Compel Arbitration

The Ninth Circuit affirmed a district court’s partial denial of Kelly Services’ motion to compel arbitration, holding that the arbitration agreement lacked the clear and unmistakable intent required to delegate arbitrability questions to an arbitrator. The court emphasized that merely...

By JD Supra (Labor & Employment)
Fintech - March 2026
NewsMar 31, 2026

Fintech - March 2026

The Consumer Financial Protection Bureau (CFPB) plans to issue an interim final open‑banking rule in 2026, revisiting data‑access requirements after suspending its 2024 rule. Meanwhile, the House‑pending Bank‑Fintech Partnership Enhancement Act would empower the OCC and Federal Reserve to study...

By JD Supra (Labor & Employment)
If You Want to Extend Your Lease's Original Term, Don't Say You Are Renewing
NewsMar 31, 2026

If You Want to Extend Your Lease's Original Term, Don't Say You Are Renewing

A Maryland federal judge ruled that a commercial lease amendment stating the "original term" was extended did not create a new renewal right. Samuel Sons had exercised a two‑year renewal option, but the amendment’s language attempted to treat the extension...

By JD Supra (Labor & Employment)
2026 World Cup Legal Checklist
NewsMar 30, 2026

2026 World Cup Legal Checklist

The article offers a practical legal checklist for companies planning World Cup‑related activities in the United States, from pop‑up stores and watch parties to brand activations and promotions. It stresses the tight timeline before the 2026 FIFA World Cup and...

By JD Supra (Labor & Employment)
Live Updates #2 - ABA Antitrust Spring Meeting 2026
NewsMar 30, 2026

Live Updates #2 - ABA Antitrust Spring Meeting 2026

At the ABA Antitrust Spring Meeting, state attorneys general highlighted their expanding role in antitrust enforcement as federal agencies shift focus. California’s AG warned against sharing pricing algorithms and cited new state laws that increase penalties and outlaw such algorithms....

By JD Supra (Labor & Employment)
CFPB Seeks Comment on Reinstating Mortgage Advertising and Land Sales Information Collections
NewsMar 30, 2026

CFPB Seeks Comment on Reinstating Mortgage Advertising and Land Sales Information Collections

The Consumer Financial Protection Bureau (CFPB) has opened a public comment period to reinstate two information collections: the Mortgage Acts and Practices—Advertising (Regulation N) and the Interstate Land Sales Full Disclosure Act (Regulations J, K, and L). Regulation N requires lenders and advertisers to retain mortgage...

By JD Supra (Labor & Employment)
Potential Employment Red Flags for Mergers and Acquisitions
NewsMar 30, 2026

Potential Employment Red Flags for Mergers and Acquisitions

During M&A due‑diligence, employment practices often surface as hidden liabilities. Common red flags include FLSA misclassifications, unusually high workers‑comp experience modifiers, clusters of employee litigation, ambiguous bonus structures, outdated handbooks, and poorly drafted executive contracts. These issues can delay negotiations,...

By JD Supra (Labor & Employment)
[Video] AI Today in 5: March 30, 2026, The Delay in the EU on AI Edition
NewsMar 30, 2026

[Video] AI Today in 5: March 30, 2026, The Delay in the EU on AI Edition

The European Parliament has postponed key sections of the EU AI Act, pushing compliance deadlines into 2027. The delay is intended to give industry time to align with evolving technical standards and avoid stifling innovation. Meanwhile, fintech firms are watching...

By JD Supra (Labor & Employment)
[Audio] Episode Six: ABC Insights – Part 3: A Guide to Corporate Updates & Stock Transfer Applications
NewsMar 30, 2026

[Audio] Episode Six: ABC Insights – Part 3: A Guide to Corporate Updates & Stock Transfer Applications

The latest episode of Corporate Conversations breaks down California ABC compliance after a liquor license is granted, focusing on how businesses must handle premises modifications and ownership changes. It clarifies that management or ownership shifts below 50% are treated as...

By JD Supra (Labor & Employment)
Red Flags in NIL Representation Agreements: The Devil Is Always in the Details
NewsMar 30, 2026

Red Flags in NIL Representation Agreements: The Devil Is Always in the Details

Name, Image and Likeness (NIL) deals have unlocked lucrative branding opportunities for high‑school and college athletes, but the contracts that govern representation are often lopsided. Many agreements grant agents perpetual, worldwide licenses to an athlete’s NIL, impose asymmetric termination rights,...

By JD Supra (Labor & Employment)
No Papers, No Excuse: New Jersey Supreme Court Safeguards Wage Protections for Undocumented Workers
NewsMar 28, 2026

No Papers, No Excuse: New Jersey Supreme Court Safeguards Wage Protections for Undocumented Workers

The New Jersey Supreme Court ruled in Lopez v. Marimac LLC that employers cannot evade state wage obligations by citing a worker’s undocumented status. The decision affirms that the New Jersey Wage Payment Law and Wage and Hour Law apply...

By JD Supra (Labor & Employment)
Navigating Liquidity, March 2026 - The Liquidity Lifeline - How Subscription Lines Help BDCs and Interval Funds Navigate Redemption Pressures
NewsMar 28, 2026

Navigating Liquidity, March 2026 - The Liquidity Lifeline - How Subscription Lines Help BDCs and Interval Funds Navigate Redemption Pressures

Subscription credit facilities, long used in private‑equity, are re‑emerging as a vital liquidity tool for business development companies (BDCs) and interval funds amid heightened redemption pressures. By tapping uncalled investor commitments, these lines let sponsors meet withdrawals without forced asset...

By JD Supra (Labor & Employment)
Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
NewsMar 28, 2026

Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation

Florida’s Third District Court of Appeal held that an insured’s two‑year delay in reporting Hurricane Irma property damage breached the policy’s prompt‑notice requirement. The insured had observed roof tiles, water stains, and installed a tarp shortly after the September 2017 storm...

By JD Supra (Labor & Employment)
PRA Consultation Proposes Modernising Liquidity Policy
NewsMar 27, 2026

PRA Consultation Proposes Modernising Liquidity Policy

On 17 March the UK Prudential Regulation Authority released Consultation Paper CP5/26 to modernise the liquidity policy framework. The PRA proposes targeted, proportionate adjustments that focus on Pillar 2 risk management rather than increasing high‑quality liquid assets. Key proposals include assessing liquidity...

By JD Supra (Labor & Employment)
DOL Retirement Security Fiduciary Rule Vacated
NewsMar 27, 2026

DOL Retirement Security Fiduciary Rule Vacated

The U.S. Court of Appeals for the Fifth Circuit has vacated the Department of Labor’s 2024 fiduciary rule, and the DOL subsequently removed the rule from the Code of Federal Regulations. The decision reinstates the 1975 definition of an investment‑advice...

By JD Supra (Labor & Employment)
Clock Beats Commissioner: IRS Concedes $48M Easement Case
NewsMar 27, 2026

Clock Beats Commissioner: IRS Concedes $48M Easement Case

The U.S. Tax Court entered a stipulated decision in Agate Holdings LLC v. Commissioner, confirming the partnership’s $48.3 million conservation easement deduction. The IRS waived both accuracy‑related and civil fraud penalties for the 2018 tax year. The concession was based solely...

By JD Supra (Labor & Employment)
Anti‑Kickback Statute Implications of Physician Estate Planning: OIG Approves Retirement Plan Involving ASC Ownership Transfers
NewsMar 27, 2026

Anti‑Kickback Statute Implications of Physician Estate Planning: OIG Approves Retirement Plan Involving ASC Ownership Transfers

The U.S. Health and Human Services Office of Inspector General issued a favorable advisory opinion on a retiring physician’s three‑phase plan to transfer ownership of a Medicare‑certified ambulatory surgical center. The OIG concluded the plan does not violate the Anti‑Kickback...

By JD Supra (Labor & Employment)
Patent Case Summaries | Week Ending March 20, 2026
NewsMar 27, 2026

Patent Case Summaries | Week Ending March 20, 2026

The Federal Circuit affirmed the International Trade Commission’s limited exclusion order against Apple, confirming Masimo’s patents on user‑worn blood‑oxygen devices and upholding the Commission’s domestic‑industry, infringement and validity findings. The court clarified that a complainant may rely on a representative...

By JD Supra (Labor & Employment)
Treasury and IRS Release March 2026 Proposed Regulations Under Internal Revenue Code Sections 148 and 150
NewsMar 27, 2026

Treasury and IRS Release March 2026 Proposed Regulations Under Internal Revenue Code Sections 148 and 150

The Treasury and IRS issued proposed regulations updating arbitrage rules under IRC §148 and definitional provisions under §150. The changes extend the deadline for rebate overpayment refunds, tighten source‑fund allocation requirements, and add special 90‑day SLGS certificates to the definition...

By JD Supra (Labor & Employment)
New Jersey Supreme Court Holds Federal Title IX Regulations Preempt Conflicting Grievance Procedures Under Collective Bargaining Agreement
NewsMar 27, 2026

New Jersey Supreme Court Holds Federal Title IX Regulations Preempt Conflicting Grievance Procedures Under Collective Bargaining Agreement

On January 29, 2026 the New Jersey Supreme Court held that the 2020 federal Title IX regulations preempt a collective bargaining agreement’s grievance arbitration that excluded the alleged victim. The court found the university’s CNA arbitration conflicted with Section 106.45(b), which requires...

By JD Supra (Labor & Employment)
Delaware Court of Chancery Sustains Breach of Fiduciary Duty Claims Based on Terms of LLC Agreement
NewsMar 26, 2026

Delaware Court of Chancery Sustains Breach of Fiduciary Duty Claims Based on Terms of LLC Agreement

On Jan. 29, 2026 the Delaware Court of Chancery denied Victory Park Capital Advisors’ motion to dismiss, sustaining Calumet Capital Partners’ breach‑of‑fiduciary‑duty, aiding‑and‑abetting, servicing‑agreement and implied‑covenant claims. The court held that the LLC’s protective provision could not blanket‑away fiduciary duties because Delaware law...

By JD Supra (Labor & Employment)
One Big Beautiful Bill’s Impact on TPS Work Permits
NewsMar 26, 2026

One Big Beautiful Bill’s Impact on TPS Work Permits

President Donald Trump signed H.R. 1, the “One Big Beautiful Bill Act,” on July 4, 2025, overhauling numerous federal programs including immigration rules. The law curtails the Department of Homeland Security’s authority over Employment Authorization Documents for Temporary Protected Status, limiting initial and...

By JD Supra (Labor & Employment)
Capital + Counterfactual = Income
NewsMar 26, 2026

Capital + Counterfactual = Income

The Upper Tribunal overturned a First‑tier Tribunal ruling in the Boston Consulting Group UK LLP case, applying the UK mixed‑member partnership rules (MMRs) to the firm’s long‑term incentive scheme. The tribunal found that payments for "Capital Interests" were taxable as...

By JD Supra (Labor & Employment)
Spring 2026 Shipping and Energy Newsletter
NewsMar 26, 2026

Spring 2026 Shipping and Energy Newsletter

The Spring 2026 Shipping and Energy Newsletter surveys a wave of UK court rulings that reshape risk allocation in shipbuilding, charter parties and offshore contracts, including the innominate classification of refund‑guarantee obligations, stricter scrutiny of force‑majeure notices, and market‑rate damages for...

By JD Supra (Labor & Employment)
U.S. Supreme Court Examines How to Value “Just Compensation” In Tax Foreclosures
NewsMar 26, 2026

U.S. Supreme Court Examines How to Value “Just Compensation” In Tax Foreclosures

On February 25, 2026, the U.S. Supreme Court heard oral arguments in Pung v. Isabella County, Michigan, probing how "just compensation" should be measured in tax foreclosures. The case follows the 2023 Tyler decision, which barred governments from keeping surplus...

By JD Supra (Labor & Employment)
YA Global’s Reply Brief Tees Up Appellate Court Decision
NewsMar 26, 2026

YA Global’s Reply Brief Tees Up Appellate Court Decision

YA Global Investments filed a reply brief in the Third Circuit, contesting a Tax Court ruling that it conducted a U.S. trade or business through its agent Yorkville Advisors. The brief argues that fees labeled as structuring and monitoring were...

By JD Supra (Labor & Employment)
Beyond Borders: Labor Law Strategies for Cross-Border Deals
NewsMar 26, 2026

Beyond Borders: Labor Law Strategies for Cross-Border Deals

Mayer Brown employment partners Marine Hamon and Pauline Stadler dissect labor‑law challenges in cross‑border transactions between Germany and France. They detail works‑council consultation mandates, statutory timelines, employee‑transfer rules, and confidentiality duties that can shape carve‑outs and asset deals. The lawyers...

By JD Supra (Labor & Employment)
5 Key Takeaways | Big Easy Brawl: A ‘Friendly’ Debate on Hot Issues in State Income Taxation
NewsMar 24, 2026

5 Key Takeaways | Big Easy Brawl: A ‘Friendly’ Debate on Hot Issues in State Income Taxation

The ABA‑IPT seminar highlighted how state income‑tax rules are increasingly activity‑based, meaning even modest business actions can create nexus and trigger liability. Courts are focusing on where the economic benefit occurs, not where a company is headquartered, reshaping sourcing rules...

By JD Supra (Labor & Employment)
General Conditions: How They Are Evaluated in a Builder’s Risk Claim
NewsMar 24, 2026

General Conditions: How They Are Evaluated in a Builder’s Risk Claim

The article clarifies how general‑conditions costs are evaluated in builder’s risk claims, separating truly incremental expenses from fixed or duplicated overhead. It presents three typical claim scenarios—repair‑period costs, delay‑only costs, and combined repair‑and‑delay costs—and explains why only incremental or extended...

By JD Supra (Labor & Employment)
Swiss Federal Supreme Court Grants Jordan Chiles Request for Review of CAS Award
NewsMar 24, 2026

Swiss Federal Supreme Court Grants Jordan Chiles Request for Review of CAS Award

The Swiss Federal Supreme Court granted American gymnast Jordan Chiles a review of the Court of Arbitration for Sport award that stripped her 2024 Olympic bronze medal. The court applied Swiss arbitration law and invoked Article 190(a) of the Swiss Private...

By JD Supra (Labor & Employment)
EBA Consults On Draft Guidelines And RTS On Initial Margin Model Authorization
NewsMar 24, 2026

EBA Consults On Draft Guidelines And RTS On Initial Margin Model Authorization

The European Banking Authority (EBA) has opened consultations on draft guidelines and regulatory technical standards (RTS) for authorising internal initial‑margin models under EMIR 3. The proposals target counterparties whose monthly average non‑centrally cleared OTC derivatives exceed €750 billion (about $818 billion USD), requiring...

By JD Supra (Labor & Employment)
2025 FLSA Litigation Metrics & Trends
NewsMar 24, 2026

2025 FLSA Litigation Metrics & Trends

Seyfarth Shaw’s Wage and Hour Litigation team released its 2025 FLSA litigation metrics, highlighting a 12% rise in federal wage‑and‑hour cases and a 9% increase in settlements compared with 2024. The report notes a surge in remote‑work overtime disputes and...

By JD Supra (Labor & Employment)
Force Majeure and LNG Contracts
NewsMar 24, 2026

Force Majeure and LNG Contracts

Recent attacks on Gulf LNG facilities, including Qatar's Ras Laffan plant, have driven JKM prices above $25 per MMBtu and tightened supply for Asia, which absorbs 86% of Hormuz‑transiting cargoes. In Europe, TTF prices have surged past $64 per MWh,...

By JD Supra (Labor & Employment)
Time Is Running Out to File Real Property Tax Complaints in Ohio for Tax Year 2025
NewsMar 24, 2026

Time Is Running Out to File Real Property Tax Complaints in Ohio for Tax Year 2025

The March 31, 2026 deadline closes the window for filing real‑property tax complaints in Ohio for tax year 2025. Nine counties must reappraise their 2025 assessments, while eleven are required to update values. These assessments, dated January 1, 2025, determine the property‑tax bills paid throughout...

By JD Supra (Labor & Employment)
Federal Offshore Critical Minerals Leasing Gains Momentum Near CNMI
NewsMar 24, 2026

Federal Offshore Critical Minerals Leasing Gains Momentum Near CNMI

On March 18, 2026 the Bureau of Ocean Energy Management issued an Area Identification Recommendation covering more than 69 million acres offshore the Commonwealth of the Northern Mariana Islands, effectively doubling the original 35.5‑million‑acre request for information. The recommendation advances Executive...

By JD Supra (Labor & Employment)
Bipartisan Senate Bill Proposes Significant Improvements To US Tax Administration
NewsMar 23, 2026

Bipartisan Senate Bill Proposes Significant Improvements To US Tax Administration

On Feb. 26, 2026 Senate Finance leaders Mike Crapo and Ron Wyden introduced the bipartisan Taxpayer Assistance and Service Act (TAS), a 162‑page, ten‑title bill aimed at overhauling IRS operations. The legislation requires the agency to fully digitize return processing, launch a...

By JD Supra (Labor & Employment)
Stock Option Basics
NewsMar 23, 2026

Stock Option Basics

Stock options are a key employee incentive, offered as Incentive Stock Options (ISOs) or Non‑Qualified Stock Options (NQSOs). ISOs can provide capital‑gain treatment if held for the required period, while NQSOs generate ordinary‑income tax at exercise under IRC 409A. Tax outcomes...

By JD Supra (Labor & Employment)
CFTC and SEC Announce Memorandum of Understanding on Regulatory Harmonization
NewsMar 23, 2026

CFTC and SEC Announce Memorandum of Understanding on Regulatory Harmonization

On March 11, the Commodity Futures Trading Commission and the Securities and Exchange Commission signed a memorandum of understanding to formalize coordination across their regulatory domains. The agreement creates a Joint Harmonization Initiative targeting product definitions, clearing and margin frameworks,...

By JD Supra (Labor & Employment)
What Insurers Should Expect From 2026 Amendments to N.Y. Gen. B.L. § 349
NewsMar 23, 2026

What Insurers Should Expect From 2026 Amendments to N.Y. Gen. B.L. § 349

The FAIR Business Practices Act took effect on February 17, 2026, revamping New York’s General Business Law § 349 to cover not only deceptive but also unfair and abusive practices. The law expands the Attorney General’s enforcement reach to out‑of‑state entities...

By JD Supra (Labor & Employment)
Treasury and Fed Officials Call for Bank Liquidity Coverage Ratio Reform
NewsMar 23, 2026

Treasury and Fed Officials Call for Bank Liquidity Coverage Ratio Reform

Treasury Under Secretary Jonathan McKernan and Fed Vice Chair Michelle Bowman urged reforms to the liquidity coverage ratio (LCR), calling it an over‑corrected post‑crisis rule that hampers bank lending. They highlighted that roughly 25% of large banks’ balance sheets are...

By JD Supra (Labor & Employment)
FINRA Announces Updates to Enforcement Program
NewsMar 23, 2026

FINRA Announces Updates to Enforcement Program

FINRA announced on March 2 a series of updates to its enforcement program as part of the FINRA Forward initiative. The changes introduce introductory and final meetings, mandatory 90‑day status updates, a specialization program for complex cases, and a self‑reporting pilot...

By JD Supra (Labor & Employment)
Invalid Force Majeure Notice? Get Your Termination Strategy Right
NewsMar 21, 2026

Invalid Force Majeure Notice? Get Your Termination Strategy Right

The Commercial Court overturned GAFTA’s award in Olam Global Agri v Holbud, finding Olam’s force‑majeure claim invalid and confirming Holbud’s repudiatory breach. The court held that Holbud must prove it could have performed the contract to recover damages, and that...

By JD Supra (Labor & Employment)
Penalties, PARs, and Psychological Claims: Recent New York Workers’ Compensation Decisions
NewsMar 21, 2026

Penalties, PARs, and Psychological Claims: Recent New York Workers’ Compensation Decisions

Recent New York workers‑comp rulings sharpen the limits on carrier liability and penalties. The Court of Appeals in Gonzalez held that attorneys cannot recover fees on late‑fee penalties, preserving the 20% surcharge for carriers. The 3rd Department upheld a $145,000...

By JD Supra (Labor & Employment)