Policy Week in Review – April 24, 2026
On April 22 the U.S. Department of Labor issued a proposed rule that splits joint‑employer analysis into horizontal and vertical categories and emphasizes actual control over reserved control for vertical determinations, while excluding employee‑status factors. Two days later Senators Hawley and Hassan and Representatives Moore and Gluesenkamp introduced the bipartisan Know Your Labor Rights Act, requiring employers to post clear notices of workers’ rights and backed by the Teamsters. In the House, the Education and Workforce Committee approved the Stronger Workforce for America Act, reauthorizing WIOA with new training accounts and moving adult‑education functions to the Labor Department. All three initiatives signal a broader push to tighten labor standards and modernize workforce policy.
How Would the European Commission’s Draft Proposal for the EU Inc. Affect German Employers?
On March 18, 2026 the European Commission released a draft law creating the EU Inc., a continent‑wide limited‑liability company form intended to boost start‑ups and scale‑ups through digital‑friendly, standardized rules. The proposal lets newly incorporated EU Inc.s adopt the codetermination...
Acting Attorney General Issues New DEA Order Reclassifying Some Marijuana Products as Schedule III Controlled Substances, Available by Prescription
Acting Attorney General Todd Blanche issued a final order on April 23, 2026 that reclassifies FDA‑approved cannabis medicines and state‑licensed medical marijuana products from Schedule I to Schedule III, making them available by prescription. The order requires state‑licensed dispensaries to register with...
Littler Lounge: Summer Camp Vibes, Employer Obligations - The Realities of Seasonal Work
Littler’s latest podcast episode dives into the legal intricacies of running a summer‑camp‑style workplace. The hosts and guest outline employer duties that begin before campers arrive and extend beyond the season’s end, covering everything from hiring minors to managing on‑site...
A New Enforcement Agency in the UK Is Born: The Fair Work Agency
The UK has launched the Fair Work Agency (FWA) on 7 April 2026, consolidating multiple employment‑rights enforcement functions under the Employment Rights Act 2025. Backed by a £60.1 million budget—about $76 million after conversion, a 25 percent increase—the agency will initially enforce minimum‑wage, SSP, holiday‑pay notices...
Why Neurodiversity Is Driving a Compliance Crisis
Employers are confronting a surge in neurodiversity accommodations as more companies hire individuals on the autism spectrum, ADHD, dyslexia and related conditions. Recent amendments to the Americans with Disabilities Act and EEOC guidance broaden the definition of reasonable accommodation, creating...
Bill Seeks to Align Workforce Development with Employer Needs
A bill to reauthorize the Workforce Innovation and Opportunity Act (WIOA) aims to better align training programs with employer needs, but its prospects are dim. Lawmakers face a narrow House majority and scant bipartisan enthusiasm, making passage unlikely. The proposal,...
7 Tips For Employers On Calif. Decision-Making Tech Rules
California’s new Automated Decision‑Making Technology (ADMT) rules require employers to overhaul how they use AI‑driven hiring, promotion and performance tools. The Law360 piece outlines seven practical steps, from conducting impact assessments to maintaining detailed audit logs, to help companies meet...
Prediction Market Risk Is Hiding in Your Organization Whether You Know It or Not
Steve Silver warns that corporate prediction‑market platforms pose hidden compliance hazards. As firms increasingly adopt internal forecasting tools, sensitive strategic data can leak to competitors or regulators. Unchecked participation may trigger insider‑trading accusations and breach of securities laws. Silver urges...
UK Government Launches Call for Evidence on TUPE
On April 8, 2026 the UK Government opened a call for evidence on reforming the Transfer of Undertakings (Protection of Employment) Regulations, known as TUPE. The consultation runs until July 1, 2026 and seeks input on employee protections, consultation duties, pension rights, and the...
German Works Councils and Digital Platform Work
Germany’s Federal Labor Court ruled that digital platform work does not automatically qualify as an establishment under the Works Constitution Act, requiring an independent management layer for works‑council eligibility. The court rejected council elections in remote delivery zones managed solely...
Littler Lightbulb – March 2026 Employment Appellate Roundup
In March 2026 a series of appellate rulings clarified key employment‑law doctrines. The Fourth Circuit affirmed dismissal of a joint‑employer claim against a health‑care services provider, finding none of the nine Butler factors were satisfied. The Tenth, First, and Eleventh...
The Labor Agency Employers Worry Trump Might Break (Again)
Former President Donald Trump signaled a possible move to curtail the National Labor Relations Board’s authority, reigniting concerns among employers and unions. The NLRB, which adjudicates collective‑bargaining disputes and protects workers’ organizing rights, has faced legal challenges and political pressure...
Trump Picks DOL Workers' Comp Official For NLRB Seat
President Donald Trump has nominated the Department of Labor’s workers’ compensation director to fill a vacant seat on the National Labor Relations Board. The pick comes as the board struggles to maintain a quorum after several recent resignations and retirements....
DOL Wage Rulemaking Could Face Injunctions Complication
The Department of Labor’s upcoming wage rulemaking is likely to encounter legal obstacles after the Supreme Court’s decision in Trump v. CASA Inc. The high‑court ruling left open procedural avenues for plaintiffs, allowing class actions to pursue relief despite the...
HR Teams Cautiously Experiment with Using AI to Help Set Workers’ Pay
Employers are piloting AI‑driven compensation platforms to inform wage decisions, but HR leaders stress that human oversight and regular bias audits remain essential. The technology promises faster benchmarking and data‑driven insights, yet legal teams warn of discrimination risks. Companies are...
When AI Becomes a Weapon: The Harassment Risk HR Leaders Might Miss
HR leaders are being warned that AI‑generated content, including deepfakes, is emerging as a potent tool for workplace harassment. Experts argue that digital fabrications can be weaponized to intimidate, blackmail, or defame employees, creating a new class of evidence that...
Netherlands: Employers Cannot Assess Whether Employees Are Sick
Dutch labor law mandates that employers accept an employee’s self‑declared sick leave and cannot unilaterally dismiss the report. When an employer doubts the validity of a sick note, they must refer the case to a qualified physician for assessment. The...
When Workers Refuse to Stay in or Travel to War Zones
Donald Dowling outlines how employers should respond when employees on business trips or expatriate assignments are asked to remain in or travel to a war‑torn country. He explains the legal duty‑of‑care, the role of risk assessments, and the options for...
Niall Pelly: It’s Time for the Government to Be Transparent About the Pay Transparency Directive
Irish legal commentator Niall Pelly is urging the Irish government to publish clear guidance on the EU Pay Transparency Directive before the transposition deadline. The directive, which mandates pay‑gap reporting for firms with 250 or more employees, aims to close...
Closed Shop? Not for Long: How New Laws Are Opening Doors for Trade Unions
The UK is witnessing a surge in trade‑union activity as the Employment Rights Act of 2025 removes longstanding barriers to collective bargaining. The new legislation permits closed‑shop arrangements, simplifies union recognition procedures, and introduces stronger enforcement mechanisms. Employers will now...
Employment Tribunals Risk Being Swamped by Workers’ Rights Claims
The UK’s Employment Rights Act of 2025 expands the definition of unfair dismissal and introduces new procedural safeguards for workers. Legal commentator Ben Smith warns that these changes could flood employment tribunals with a surge of claims, potentially increasing caseloads...
Sixth Circuit Points Out Limits of NLRB Adjudicatory Rulemaking
The U.S. Court of Appeals for the Sixth Circuit invalidated the NLRB's new "Cemex" bargaining‑order standard, ruling that the Board overstepped its adjudicatory authority by creating a broad rule without notice‑and‑comment rulemaking. The decision, issued in Brown‑Forman v. NLRB, reaffirms...
Blow the Whistle, Get Paid: Treasury’s New Proposed Weapon Against Financial Crimes, Including Healthcare Fraud
The U.S. Treasury’s FinCEN has proposed a whistleblower reward program that would pay 10 %‑30 % of penalties exceeding $1 million for original tips on financial crimes, including violations of the Bank Secrecy Act, IEEPA, TWEA and the Kingpin Act. The rule permits...
Littler Welcomes Shareholder Kathleen Lucchesi in Charlotte
Littler, the world’s largest employment‑law firm, announced that Kathleen “Kathi” Lucchesi has joined its Charlotte office as a shareholder. Lucchesi comes from Jackson Lewis with over 20 years of experience handling hiring, termination, discrimination, wage‑hour compliance, and federal investigations. Her...
Maine Greatly Expands Department of Labor’s Enforcement Powers Against Employers
Maine enacted LD 1587, expanding the Department of Labor’s enforcement powers effective July 14, 2026. The law grants the Director subpoena authority, the right to review records, and mandates that employers post violation notices and notify both current and former employees. Penalties now...
Policy Week in Review – April 10, 2026
The House Education and Workforce Committee introduced the Stronger Workforce for America Act of 2026, a reauthorization of WIOA that would move adult‑education and family‑literacy programs from Education to Labor, but the proposal has lost bipartisan backing. The EEOC reported...
Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors
On March 16, 2026 ICE issued a revised fact sheet that reclassifies dozens of Form I‑9 errors as substantive violations, expanding the list to 28 substantive and several new technical errors. The changes elevate omissions such as missing date of...
Littler Elects Ted Schroeder to Board of Directors
Littler, the world’s largest employment‑law firm, announced that shareholder Ted Schroeder will join its 2026 Board of Directors, succeeding Michael McGuire, who moves to corporate secretary. Schroeder, a veteran of the Pittsburgh and Charleston offices, brings extensive litigation experience and...
Virginia Advances Heat Illness Legislation While Other States Are Poised to Follow Suit
Virginia’s legislature has passed companion bills HB 1092 and SB 288 that would obligate the state Safety and Health Codes Board to adopt heat‑illness protection standards by May 1 2028. The measures require water, shade, acclimatization, training and emergency procedures for indoor and outdoor...
Oregon Court Clarifies That Asking for a Raise Is Protected by Wage Transparency Law
The Oregon Court of Appeals ruled that the state’s wage‑transparency statute, ORS 659A.355, protects employees who request a raise from retaliation, even when no pay‑equity or discrimination claim is raised. The decision overturns a trial‑court summary‑judgment in Mirkovic v. Tenasys Corp,...
Digging In - A Practical Guide to L&E Diligence in M&A
On April 28, 2026, Littler hosted a one‑hour webinar titled “Digging In – A Practical Guide to Labor & Employment Diligence in M&A.” The session, part two of a series, walked participants through the full spectrum of L&E due‑diligence topics, from wage‑and‑hour...
The 2026 Littler Executive Employer Conference
The 2026 Littler Executive Employer Conference is an invitation‑only gathering for senior in‑house counsel and C‑suite leaders focused on labor and employment law. The event features workshops, roundtables and deep‑dive sessions covering compliance, benefits, IE&D, privacy and workforce solutions. Registration...
Paid Leave After Termination: Key Takeaways From a New German Federal Labor Court Decision on Employment Contracts and Company Cars
The German Federal Labor Court ruled on March 25, 2026 that blanket paid‑leave release clauses lacking objective grounds are unenforceable. Employers must rely on case‑by‑case balancing of interests and document reasons before placing a terminated employee on paid leave. While paid leave...
Rejection Due to Headscarf – German Federal Labor Court Holds Employer Liable for Compensation
The German Federal Labor Court (BAG) ruled that a job applicant rejected for wearing a religious headscarf is entitled to compensation, awarding her €3,500 (approximately $3,850). The court held the employer liable even though a third‑party recruiter conducted the selection,...
Employers See Spike in Labor Department Immigration Enforcement
The U.S. Labor Department has dramatically increased enforcement of its new H‑1B salary proposal, targeting employers whose wage offers fall below the updated prevailing wage thresholds. Companies are already seeing a wave of audits and wage‑level reviews, with many expecting...
Law360 Announces The Members Of Its 2026 Editorial Boards
Law360 announced that Bradford Kelley has been re‑selected for its 2026 Employment Authority Discrimination Editorial Board. The board curates the outlet’s coverage of workplace discrimination, including EEOC actions and state agency enforcement. Kelley’s repeat appointment underscores his standing in employment...
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...
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...