US Companies on Notice: The Price of Foreign Talent Is Going Up
The U.S. Department of Labor has proposed a rule that would raise the prevailing wage calculations for H‑1B and other employment‑based visas. The change aims to align wages with market rates, effectively increasing the cost of hiring foreign talent. Companies anticipate higher payroll expenses and may reassess recruitment strategies. Legal experts warn the rule could be challenged in court, adding uncertainty for employers.
Proposed Rule Seeks to Clarify Fiduciary Duties in Investment Plan Decisions Subject to ERISA, but Risks Remain
The U.S. Department of Labor has issued proposed regulations that clarify ERISA fiduciary duties when selecting alternative‑asset options for participant‑directed 401(k) and 403(b) plans. The rule creates a safe‑harbor framework but retains the requirement that fiduciaries exercise prudence and continuously...
Littler Opens Fourth Portugal Office with Porto Location
Littler, the world’s largest employment‑law firm, opened its fourth Portuguese office in Porto on April 7, 2026. Managed by partner Nuno Abranches Pinto, the new location expands Littler’s presence beyond Lisbon, the Algarve and Coimbra, strengthening its ability to serve employers in northern...
UK Government Confirms Commitment to Introduce Mandatory Ethnicity and Disability Pay Gap Reporting for Large Employers
The UK government will make ethnicity and disability pay‑gap reporting mandatory for large employers (250+ staff) from 2027, extending the existing gender‑pay framework. Employers must publish the same six calculations, use identical snapshot dates, and file through the current online...
Shelley Ericsson Joins Littler as Shareholder in Kansas City
Littler, the world’s largest employment‑law firm, has added Shelley Ericsson as a shareholder in its Kansas City office. Ericsson brings over 20 years of experience handling complex workplace disputes, investigations, and trials for a range of employers, including Fortune 100 companies....
Policy Week in Review – April 3, 2026
The White House unveiled its FY27 budget request, calling for $2.2 trillion overall with a 44% boost to national defense spending. Non‑defense outlays are slated to shrink by 10%, including a 26% cut to the Department of Labor’s $9.9 billion budget and...
DOL Issues Guidance on Eligibility Requirements for States that Offer UI Benefits for Striking Workers
The U.S. Department of Labor released a Q&A guidance clarifying that states which permit unemployment insurance (UI) benefits for striking workers—currently New Jersey, New York, Oregon, and Washington—must enforce federal eligibility criteria. Claimants must be able, available, and actively seeking work, with...
Gender-Neutral Job Evaluation in the EU: Assessment of the Utility of the New EU Toolkit
The EU Pay Transparency Directive mandates gender‑neutral job evaluation to ensure equal pay for work of equal value. In response, the European Institute for Gender Equality released a voluntary EU Toolkit on March 26, 2026, offering nine modular tools that...
Timely Talk About Wage and Hour Law: New York’s Requirements and Recent Legal Developments
On April 22, 2026, legal experts hosted a one‑hour webinar covering New York’s complex wage‑and‑hour statutes. The session examined split‑shift rules, call‑in and travel‑time pay, overtime exemptions, independent‑contractor criteria, and the state’s varied minimum‑wage thresholds. It also highlighted record‑keeping obligations, prohibitions...
No Joke: Recent Employment Laws and Legislative Proposals
State legislatures are rolling out a wave of niche employment bills that could reshape payroll, leave policies, and workplace surveillance. Missouri enacted HB 754 permitting employees to demand payment in physical specie such as gold bars, while Maryland is debating SB 893...
The Future of Local Leave Laws: What NYC’s Expansion Signals for Employers Nationwide
In February 2026, New York City expanded its Earned Safe and Sick Time Act, requiring 32 hours of unpaid sick leave to be immediately available to part‑time and mid‑year hires. The law also broadens permissible uses to include childcare and other caregiving...
UK: Balancing Protected Beliefs
The Employment Appeal Tribunal (EAT) has sent the Ngole case back to the Employment Tribunal, highlighting the fine line between protecting a worker’s religious belief and responding to how that belief is expressed. The case stems from a mental‑health charity...
PAGA Reform Is Here To Stay, Hybrid Work Not Going Away, and Other New Labor/Employment Issues Coming Your Way
Littler’s Sacramento Spring Breakfast Briefing on May 20, 2026 will examine the latest labor and employment developments affecting California employers. The agenda spotlights the two‑year anniversary of the revised Private Attorneys General Act (PAGA), a deep dive into hybrid‑remote work challenges, and...
Belgium: (Tele-)work Performed Simultaneously Within the European Economic Area – What Changes with the Moguntia Ruling?
The Court of Justice of the EU’s Moguntia ruling clarifies that all professional activities, even those performed outside the EU, must be considered when determining the applicable social‑security legislation for employees working across Member States. The decision directly challenges the...
Policy Week in Review – March 27, 2026
The Senate approved a partial funding bill for the Department of Homeland Security that excludes ICE and CBP, but the House rejected it, extending the agency's shutdown. President Trump signed an executive order guaranteeing TSA workers’ pay and another banning...
Court Declares “Interested Party” Provisions of the Illinois Day and Temporary Labor Services Act Unconstitutional
An Illinois Circuit Court ruled that Section 67 of the Day and Temporary Labor Services Act is unconstitutional, stripping unions and other "interested parties" of the right to file private civil actions. The court classified the provision as an improper qui...
DOL Proposed Rule Seeks Higher Prevailing Wages Levels for Foreign Workers
The U.S. Department of Labor has proposed a rule that would raise prevailing wage levels for employment‑based immigration programs, including H‑1B, H‑1B1, E‑3, and PERM EB‑2/EB‑3 visas. Entry‑level wages would shift from the 17th to the 34th percentile, while the...
UK: Consultation Launched on Protection From Detriments for Taking Industrial Action
The UK Employment Rights Act 2025 introduces new protections that forbid employers from imposing detriments on workers whose sole or main purpose is to prevent, deter or penalise participation in protected industrial action. The government has opened a consultation until...
New Duty for UK Employers – Annual Leave Record-Keeping From April 6, 2026
From 6 April 2026, UK employers must keep adequate records of workers’ annual leave and holiday pay under the Employment Rights Act 2025. The obligation covers all leave types, including irregular hours and carried‑over entitlement, and records must be retained for six years....
First Circuit Rejects Per Se Rule that Performance Improvement Plans Automatically Qualify as Adverse Employment Actions
The First Circuit ruled that placing an employee on a performance improvement plan (PIP) does not automatically constitute an adverse employment action under the Age Discrimination in Employment Act or Title VII. The court emphasized that a fact‑intensive inquiry is required,...
New York City Proposes Bill That Sets Higher Minimum Wages and Eliminates Tip Credits
The New York City Council introduced Bill Int. No. 757, proposing a city‑wide minimum wage that outpaces the state level and climbs to $30 per hour for large employers by 2030, with smaller firms reaching $27‑$29 per hour. The plan phases in automatic cost‑of‑living adjustments...
UK Employment Rights Act 2025 Unfair Dismissal Deep Dive Part 1: Polkey in a World Without Caps
The UK Employment Rights Act 2025 eliminates the statutory cap on compensatory awards for unfair dismissal, raising the previous limit of £118,223 (about $150,000) to an uncapped figure that will rise to roughly $157,000 after April 2026. The basic award...
Crispin Odey Denies Being Unable to “Control Himself” Around Female Staff
Crispin Odey publicly denied claims that he cannot control himself around female staff, rejecting allegations of inappropriate conduct. The denial comes amid a broader trend of rising non‑financial misconduct reports filed with the UK Financial Conduct Authority over the past...
7 Employer Tips For Handling Calif. Privacy Risk Assessments
California employers must now meet the California Consumer Privacy Act’s (CCPA) risk assessment mandate, which requires a systematic review of personal data practices. Law360 outlines seven practical steps, including data mapping, privacy impact analyses, vendor oversight, employee training, documentation, continuous...
AI Legal Risks Abound Despite Trump’s Push for Federal Policy
Companies deploying AI-driven human resources tools face mounting legal exposure despite the Trump administration’s push for a federal AI regulatory framework. Even if Congress preempts state AI statutes, firms remain vulnerable to discrimination lawsuits under existing civil rights laws when...
Managing Injury and Lineup Information as Employers in the New Age of Legal Sports Betting
The expansion of legal sports betting across U.S. states is turning player injury and lineup data into high‑value, nonpublic information. Teams and universities now face heightened legal and compliance scrutiny when handling that data, as regulators view leaks as potential...
Why US Legal Teams Need to Assess Non-Solicitations Now
Scott McDonald explains that the enforceability of U.S. non‑solicitation agreements hinges on the employer’s goodwill investment in cultivating customer relationships and the confidential information surrounding those ties. Recent court decisions have sharpened scrutiny of vague or overly broad clauses, prompting...
Trump Administration Policies on Immigration Have Impacted 65% of Businesses
A recent HR Brew analysis finds that 65% of U.S. businesses say Trump‑era immigration rules have disrupted operations. Since January 2025 the administration tightened H‑1B caps, expanded public‑charge criteria and intensified I‑9 verification, forcing employers to overhaul hiring processes. Companies...
When Is a Compliance Officer Also a Whistleblower?
Compliance officers are increasingly stepping into whistleblower roles, filing legal actions against their own firms for alleged misconduct. This shift reflects heightened regulatory scrutiny and expanded statutory protections for internal reporters. Employers must navigate the delicate balance between enforcing compliance...
Liability Under Massachusetts Paid Family and Medical Leave
Massachusetts courts have clarified that the Paid Family and Medical Leave (PFML) law imposes liability only on employer entities, not on individual officers or directors. A Superior Court ruling dismissed claims against individuals, while the Supreme Judicial Court affirmed that...
Littler Lounge: OSHA Explained – Prevention, Preparedness and Protection
The Littler Lounge podcast episode breaks down OSHA’s role, detailing what employers can expect during inspections and why written safety policies matter. Hosts Claire Deason and Nicole LeFave, joined by OSHA practice leader Alka Ramchandani‑Raj, explore emerging issues such as...
Colorado’s Artificial Intelligence Law Could Be on the Chopping Block
Colorado Governor Jared Polis signed the state’s AI law (SB 24‑205) in 2025, but warned that its complex compliance regime could stifle innovation. The governor’s AI Policy Working Group has drafted a bill to roll back many employer obligations while preserving...
Policy Week in Review – March 20, 2026
On March 20 the White House unveiled a national AI policy framework built on seven pillars that address child safety, community benefits, creator rights, free speech, innovation, workforce development, and preemption of state laws. Simultaneously, Senator Marsha Blackburn introduced the...
Ones To Watch: Legislation Landscape for 2026
Littler’s 2026 legislative outlook highlights a surge of state‑level bills affecting employment law, from expanded E‑Verify mandates and new tip‑and‑overtime tax deductions to stricter job‑posting transparency. Lawmakers are also advancing portable benefit accounts for gig workers, curbing TRAP and stay‑or‑pay...
Washington Updates Paid Family and Medical Leave Premium Split to Align with Federal Tax Guidance
Washington Governor Bob Ferguson signed House Bill 2345, revising the allocation of Paid Family and Medical Leave (PFML) premiums without altering the total amount. Employers can now fully deduct the employee‑share of the medical‑leave premium, while deductions for the family‑leave premium...
Balancing Title IX Compliance with CBA Enforcement
New Jersey’s Supreme Court in Rutgers v. AFSCME Local 888 held that collective‑bargaining grievance procedures cannot override Title IX obligations. The ruling forces higher‑education employers to align CBAs with federal gender‑equity mandates, rejecting any contract language that conflicts with Title IX. Littler’s...
Third Circuit Ames to Level Playing Field for Reverse Discrimination Claimants Under New Jersey’s Law Against Discrimination
On March 6, 2026, the Third Circuit in Massey v. Borough of Bergenfield held that New Jersey’s “background circumstances” rule— which required majority‑group plaintiffs to prove employer intent— is incompatible with the NJ Law Against Discrimination (NJLAD). Citing the U.S....
Littler’s Stephan Swinkels Talks US Policy Impact on European Employers
Stephan Swinkels of Littler uses the firm’s European Employer Survey to highlight how recent U.S. policy volatility has shifted from a political footnote to a strategic employment risk for European companies. He explains that unpredictable tax, trade and labor regulations...
Specialists Warn Against Excessive Use of Overtime with the Reduction of Working Hours
Specialists caution Mexican firms that relying on overtime to offset the shift toward a 40‑hour workweek could backfire. They argue that permanent overtime inflates labor costs and exposes companies to legal liabilities under Mexico's labor code. The warning follows recent...
Trump DEI Stance Being Felt By Employers, Survey Finds
The 2026 WPI Survey Report reveals that 71% of employers say their businesses felt the effects of President Trump’s IE&D policy shifts during the first year of his second term. The administration’s rollback of diversity, equity and inclusion mandates forced...
Deregulation Can Solve Labor Market Woes
Alexander MacDonald argues that deregulating the labor sector could alleviate persistent workforce shortages and rigid hiring practices. He cites excessive compliance costs and inflexible rules as primary obstacles to matching workers with jobs. The piece suggests targeted rollbacks—such as simplifying...
The New AI Regulatory Landscape: Proposed Legislation, Compliance Risks and Employer Readiness
Littler Mendelson is hosting a one‑hour webinar on April 14, 2026, to dissect emerging AI legislation targeting employers. The session will cover federal and state proposals, including rules for automated decision‑making, surveillance‑based wage setting, and chatbot transparency, with a focus...
Policy Week in Review – March 13, 2026
The Workplace Policy Institute highlighted a surge of industry petitions to the NLRB, seeking new rules to protect secret‑ballot elections, reevaluate captive‑audience meetings, and restore a common‑law test for independent‑contractor classification. The Board also declined to overturn the 1970 Ex‑Cell‑O...
2026 Round Up for New York Employers
On April 16, 2026, Littler hosted a two‑hour Breakfast Briefing for New York employers at the Hilton Long Island. The session addressed a wave of state‑mandated changes covering pre‑hire credit checks, mandatory Narcan stocking, updated minimum‑wage and overtime rates, new...
New York Department of Health Issues Updated Guidance on Wage Parity Compliance Forms and Certification Submission Dates
On March 9, 2026 the New York Department of Health released updated guidance clarifying wage‑parity compliance deadlines for home‑care providers through 2025 and beyond. The guidance fixes previous uncertainty by setting firm LS300 reporting dates for 2025 (May 31, 2026) and establishing annual LS301 audit...
Littler Lightbulb – February 2026 Employment Appellate Roundup
The February 2026 appellate roundup highlights several pivotal employment‑law decisions. The Fifth Circuit affirmed that overtime liability hinges on an employer’s actual or constructive knowledge of hours worked, rejecting a contractor’s claim of unlimited‑hour entitlement. The Sixth Circuit required age‑discrimination...
Littler Lounge: Unpacking the EU Pay Transparency Directive
Littler’s latest Lounge episode examines the EU Pay Transparency Directive as it takes shape across member states. The discussion outlines new recruiting disclosures, employee pay‑information rights, and varying reporting thresholds that firms must navigate. Hosts emphasize the need for precise...
NLRB Declines to Overrule Ex‑Cell‑O: What Employers Should Know
On February 26, 2026, the National Labor Relations Board denied a request to overturn the 1970 Ex‑Cell‑O decision, preserving the longstanding rule that limits remedies when an employer refuses to bargain during a test‑of‑certification. The Board, led by two Trump...
Don’t Be Fooled: What Employers Need to Know About False Claims Act Enforcement
On April 1, 2026, Littler hosted a one‑hour webinar titled “Don’t Be Fooled: What Employers Need to Know About False Claims Act Enforcement.” The session examined how recent FCA enforcement and settlement trends are expanding scrutiny of employers’ internal compliance programs and...
UK Government Launches Guidance on Pay Gap and Menopause Action Plans
The UK government released new guidance on March 4, 2026 requiring large employers (250+ staff) to publish gender pay gap action plans that also address menopause support. The requirement stems from the Employment Rights Act 2025 and will become mandatory after a voluntary...
