JD Supra (Labor & Employment)

JD Supra (Labor & Employment)

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

Liberating the Department of Homeland Security From the Democrat-Caused Shutdown (Trump EO Tracker)
NewsApr 6, 2026

Liberating the Department of Homeland Security From the Democrat-Caused Shutdown (Trump EO Tracker)

President Trump issued an executive order directing the Department of Homeland Security to reallocate existing funds so that all DHS employees receive pay and benefits despite the ongoing government shutdown. The order frames the shutdown as a Democratic‑caused emergency that...

By JD Supra (Labor & Employment)
2026 Perspectives in Private Equity: Health Care & Life Sciences
NewsApr 6, 2026

2026 Perspectives in Private Equity: Health Care & Life Sciences

Private equity in health care and life sciences faces a turbulent 2026 as the new administration rolls back ACA subsidies and implements the One Big Beautiful Bill Act, slashing Medicaid spending by roughly $800 billion over the next decade. The loss...

By JD Supra (Labor & Employment)
2026 Perspectives in Private Equity: GP Stakes Investing in a Maturing Market
NewsApr 6, 2026

2026 Perspectives in Private Equity: GP Stakes Investing in a Maturing Market

GP‑stake and GP‑M&A activity hit record levels in 2025, with deal volume up 40% year‑on‑year and 164 transactions versus 117 in 2024. Managers are using stake sales to fund seed capital, technology upgrades, talent hires, and to increase their own...

By JD Supra (Labor & Employment)
Preferred and Structured Equity in the UAE and Saudi Arabia: Key Opportunities and Issues for Investors
NewsApr 6, 2026

Preferred and Structured Equity in the UAE and Saudi Arabia: Key Opportunities and Issues for Investors

Preferred and structured equity are gaining traction in Gulf private‑equity deals, but the legal environment differs sharply across jurisdictions. The DIFC and ADGM, governed by English common law, allow sophisticated instruments such as convertible and redeemable shares with familiar protections....

By JD Supra (Labor & Employment)
2026 Perspectives in Private Equity: Food & Agriculture
NewsApr 6, 2026

2026 Perspectives in Private Equity: Food & Agriculture

Private equity activity in food and agriculture rebounded in 2025 and is set to accelerate in 2026, buoyed by mega‑deals like Ferrero’s $3.1 billion purchase of WK Kellogg and new investments such as L Catterton’s stake in Good Culture. Consumers’ shift...

By JD Supra (Labor & Employment)
Borrower Defense to Repayment Guidance Issued by U.S. Department of Education Prompts Strategic Considerations for Higher Education Institutions
NewsApr 6, 2026

Borrower Defense to Repayment Guidance Issued by U.S. Department of Education Prompts Strategic Considerations for Higher Education Institutions

The U.S. Department of Education issued an electronic announcement on March 30, 2026 clarifying its borrower defense to repayment (BDR) process. The guidance confirms that current BDR claims are unrelated to the 2022 Sweet settlement and will be adjudicated based...

By JD Supra (Labor & Employment)
California's Pay Data Deadline Is Around the Corner: Here's What Employers Need To Know
NewsApr 3, 2026

California's Pay Data Deadline Is Around the Corner: Here's What Employers Need To Know

California’s Civil Rights Department requires employers with 100 or more employees – and those with 100+ labor‑contractor staff – to file a detailed pay‑data report by May 13, 2026. The report must cover a single snapshot pay period between October 1 and December 31,...

By JD Supra (Labor & Employment)
UK Public M&A Monthly Activity Update: March 2026
NewsApr 3, 2026

UK Public M&A Monthly Activity Update: March 2026

In March 2026 the UK public M&A market recorded three Rule 2.7 firm offers, highlighted by Zurich Insurance Group’s recommended cash bid for Beazley plc valued at £8.1 billion (≈ $10.3 billion), Helios Consortium’s hostile pre‑conditional cash offer for CAB Payments Holdings plc of...

By JD Supra (Labor & Employment)
CJEU Clarifies the Standard for Accessing Evidence in Competition Damages Cases
NewsApr 3, 2026

CJEU Clarifies the Standard for Accessing Evidence in Competition Damages Cases

On 29 January 2026 the CJEU ruled in Meliá Hotels v. Associação Ius Omnibus that the EU Damages Directive permits pre‑action evidence disclosure when national law allows it. The Court set a “reasonably acceptable” plausibility standard, meaning claimants need only...

By JD Supra (Labor & Employment)
Arizona Breaks New Ground with Criminal Charger Against Prediction Market Platform
NewsApr 3, 2026

Arizona Breaks New Ground with Criminal Charger Against Prediction Market Platform

Arizona Attorney General Kris Mayes filed the first criminal complaint against a CFTC‑regulated prediction‑market platform, alleging illegal gambling on state elections. The 20‑count, misdemeanor‑level indictment in Maricopa County targets bets on the 2028 presidential race and 2026 gubernatorial contest. By...

By JD Supra (Labor & Employment)
Private Credit 2026
NewsApr 3, 2026

Private Credit 2026

Private credit has solidified its role as a major financing source, outpacing traditional syndicated bank loans and high‑yield bonds. The 2026 Chambers guide reviews 2025 performance and outlines trends across the United States, United Kingdom and other key jurisdictions. Assets...

By JD Supra (Labor & Employment)
Home Health Company’s Overtime Settlement: A Cautionary Tale for Healthcare Employers With ‘Program Managers’
NewsApr 3, 2026

Home Health Company’s Overtime Settlement: A Cautionary Tale for Healthcare Employers With ‘Program Managers’

ViaQuest Residential Services, a Columbus‑based home health provider, agreed to a $975,000 settlement after a collective action alleged it misclassified its program managers as exempt from overtime. The lawsuit centered on whether the managers’ primary duties were supervisory or direct...

By JD Supra (Labor & Employment)
FCA’s Regulatory Priorities in Wholesale Markets: New Insights of Importance for Investment Banks - April 2026
NewsApr 3, 2026

FCA’s Regulatory Priorities in Wholesale Markets: New Insights of Importance for Investment Banks - April 2026

The FCA announced it will stop issuing ad‑hoc portfolio letters and instead publish an annual Regulatory Priorities report covering nine defined wholesale‑market sectors. This shift introduces a predictable, pre‑set cadence for regulatory updates that the market has welcomed. Investment banks...

By JD Supra (Labor & Employment)
Steps for Company Counsel to Take to Avoid FCA Liability for FalseCertifications Based on DEI Practices
NewsApr 3, 2026

Steps for Company Counsel to Take to Avoid FCA Liability for FalseCertifications Based on DEI Practices

The Department of Justice is expanding False Claims Act (FCA) enforcement to penalize federal contractors and grant recipients who submit false certifications about diversity, equity and inclusion (DEI) compliance. New guidance, including the Bondi Memo and a GSA proposal, requires...

By JD Supra (Labor & Employment)
FTC Warning Letters Signal Continued Federal Focus on Debanking and Financial Access
NewsApr 3, 2026

FTC Warning Letters Signal Continued Federal Focus on Debanking and Financial Access

The FTC has issued warning letters to major payment networks and financial service providers, reminding them that denying customers access based on political or religious beliefs may breach Section 5 of the FTC Act. The letters tie the issue to President...

By JD Supra (Labor & Employment)
The Friday Five: Five ERISA Litigation Highlights - April 2026
NewsApr 3, 2026

The Friday Five: Five ERISA Litigation Highlights - April 2026

The Fifth Circuit ruled that an ERISA administrator who issues a disability‑benefits decision beyond the statutory deadline loses the deferential review standard and faces de novo review, as seen in the Cogdell case. Federal courts also rebuked administrators for relying on...

By JD Supra (Labor & Employment)
Shape Up or Be Shipped Out: The New Broker and Freight Forwarder Financial Responsibility Final Rule Puts Delinquent Brokers on...
NewsApr 3, 2026

Shape Up or Be Shipped Out: The New Broker and Freight Forwarder Financial Responsibility Final Rule Puts Delinquent Brokers on...

The FMCSA’s Broker and Freight Forwarder Financial Responsibility Rule is now fully active, requiring every broker and freight forwarder to maintain at least $75,000 in a surety bond or trust fund. If the security falls below that level, the carrier...

By JD Supra (Labor & Employment)
Stabilizing Foreign Investment: China’s Upgraded Industry Investment Guide
NewsApr 3, 2026

Stabilizing Foreign Investment: China’s Upgraded Industry Investment Guide

China’s National Development and Reform Commission and Ministry of Commerce launched the 2025 Catalogue for Encouraged Industries for Foreign Investment on February 1, 2026, expanding the list to 1,679 entries – 205 new and 303 revised. The updated guide pivots...

By JD Supra (Labor & Employment)
SEC Speaks – Are You Listening?
NewsApr 3, 2026

SEC Speaks – Are You Listening?

The SEC’s 2026 SEC Speaks conference highlighted a shift toward a "back‑to‑basics" enforcement philosophy after the abrupt resignation of Enforcement Director Judge Margaret Ryan. Acting Director Sam Waldon resumed leadership, and the Commission, now down to three members, reaffirmed a limited...

By JD Supra (Labor & Employment)
Money Talks, March 2026 - Right of First Refusal Narrowly Construed
NewsApr 2, 2026

Money Talks, March 2026 - Right of First Refusal Narrowly Construed

The Southern District of New York dismissed Prairie Street Capital’s claim that Webster Business Credit breached a right‑of‑first‑refusal (ROFR) tied to a $5 million loan to Richardson Foods. The court held that the ROFR could only be triggered by a sale...

By JD Supra (Labor & Employment)
Open for Business? Ontario Considers Unlocking Retail on Family Day and Victoria Day
NewsApr 2, 2026

Open for Business? Ontario Considers Unlocking Retail on Family Day and Victoria Day

Ontario’s government has introduced amendments to the Retail Business Holidays Act that would allow retailers to decide whether to open on Family Day and Victoria Day, starting with Victoria Day 2026. The proposal eliminates municipal authority to mandate closures on...

By JD Supra (Labor & Employment)
Florida Residential As-Is Contract Series | Part 2: Identifying the Property
NewsApr 2, 2026

Florida Residential As-Is Contract Series | Part 2: Identifying the Property

The Florida As‑Is Residential Contract’s Property Description section defines the real and personal assets being transferred. Errors often arise when agents copy the tax‑roll’s abbreviated legal description instead of the full deed description, risking misidentified parcels. Personal property should be...

By JD Supra (Labor & Employment)
AI and the Work-Product Doctrine: A New Frontier
NewsApr 2, 2026

AI and the Work-Product Doctrine: A New Frontier

A federal court in Michigan ruled that a pro se plaintiff’s ChatGPT‑assisted legal filings are protected by the work‑product doctrine. The decision in Warner v. Gilbarco, Inc. rejected the employer’s demand for all AI‑related communications, finding no waiver of privilege....

By JD Supra (Labor & Employment)
UK Government Response to Late Payment Consultation
NewsApr 2, 2026

UK Government Response to Late Payment Consultation

On 24 March 2026 the UK Government released its response to the Late Payment Consultation, pledging the strongest G7‑level legislation in over 25 years. The package gives the Small Business Commissioner new investigative and fining powers, caps commercial payment terms at 60 days, and...

By JD Supra (Labor & Employment)
Mega-Verdicts as a Wake-Up Call: Why Workplace Investigations Matter
NewsApr 2, 2026

Mega-Verdicts as a Wake-Up Call: Why Workplace Investigations Matter

Recent jury verdicts in 2026 awarded $5.5 million in Georgia and over $5 million in Utah for sexual‑harassment and retaliation claims, underscoring the steep financial stakes of mishandled workplace complaints. Employers must respond quickly with fair, well‑structured investigations to mitigate legal exposure,...

By JD Supra (Labor & Employment)
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)