LaborSpeak: FTC's Letter Concerning Healthcare Non-Competes (Video)

New York employers face significant new compliance obligations as two recently signed bills create expansive personnel record access rights and construction industry pay requirements. With several additional employment law bills awaiting the governor's signature—many taking effect immediately upon enactment—organizations must prepare for sweeping changes to workplace documentation, severance practices, and AI impact reporting.

Pennsylvania's Department of Labor & Industry has launched a proactive enforcement initiative targeting home care agencies for wage and hour violations. With approximately 40% of state wage complaints coming from home care workers, agencies face increased scrutiny over unpaid overtime, travel time compensation, and recordkeeping practices that may not capture all compensable work activities.

Last week, the Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-11, addressing a question many employers with large or sprawling worksites have faced: does mandatory walk time to a designated break area turn an unpaid meal period into compensable work time? The short answer is no — so long as the remaining break time is still long enough for employees to eat a regular meal.

New Jersey Department of Labor regulations clarifying the ABC test for independent contractor classification take effect October 1, fundamentally shifting the burden of proof to employers. With the NJDOL expected to aggressively audit compliance and impose substantial penalties for misclassification, employers have just two weeks to assess their workforce relationships and develop strategies to meet the stricter standards.

The parties had spent plenty of time talking about the law, the facts, and the value of the claims. In the end, what mattered most to the employee was hearing someone acknowledge that the situation had been handled poorly.

New York State has enacted sweeping changes to employee personnel record requirements, mandating that employers provide free access to personnel files, notify employees of negative information within 10 days, and retain records for three years post-employment. These new obligations fundamentally reshape how New York employers must manage and maintain employee documentation.

The U.S. Department of Labor's Wage and Hour Division issued an opinion letter addressing whether meal periods remain noncompensable under the Fair Labor Standards Act when employees must spend part of that time walking to designated break areas. The opinion examines a detention facility's policy requiring 3-7 minutes of travel each way during 60-minute meal periods, and whether this travel time converts the entire break into compensable work time.

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 (A.2107), creating for the first time a statewide right for New York employees and former employees to access...

Directs the Department of War and Department of Veterans Affairs to establish continuous sharing of military personnel and medical records, deploy AI-enabled tools to streamline veterans...

On August 26, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04, “Further Guidance Regarding General Counsel Priorities.” The memo is her second in as many months and reads like a punch list for reversing the Board’s Biden-era precedent. For employers, the headline is simple: nothing has changed yet, but a lot may be about to.

Expands Defense Production Act (DPA; P.L. 81-774) authorities over energy by giving the Secretaries of the Interior and Energy independent authority, alongside the Secretary of Commerce...

Directs the Department of War and Department of Veterans Affairs to establish continuous sharing of military personnel and medical records, deploy AI-enabled tools to streamline veterans...

President Trump's executive order directs multiple federal agencies to comprehensively review policies affecting American cattle ranchers, including potential wolf delisting under the Endangered Species Act and mandatory country-of-origin labeling for beef products. The order aims to develop actionable recommendations to enhance rancher profitability and expand market access for domestic beef producers.

On July 22, 2026, the Federal Communications Commission (FCC or Commission) adopted a Third Report and Order and Third Further Notice of Proposed Rulemaking (covered separately here) in which the Commission advances its ongoing efforts to secure the U.S.

California's Legislature has unanimously passed SB 690, a landmark reform that could eliminate thousands of pending class action lawsuits based on website tracking technologies under the California Invasion of Privacy Act. The bill removes the private right of action for pen register claims arising from routine web analytics tools, potentially reshaping the data privacy litigation landscape while companion bills simultaneously expand substantive privacy obligations.

On September 3, 2026, the Securities and Exchange Commission (SEC or Commission) announced its plan to rescind Rule 206(4)-5 under the Investment Advisers Act of 1940, as amended, also known as the “Pay-to-Play Rule” (the Rule), which has been in effect since 2010.

Last week, Congress officially kicked the FY 2027 funding can down the road. The House overwhelmingly approved the Senate's bipartisan continuing resolution by a 370-48 vote...

The Protect College Sports Act of 2026 (PCSA), introduced in the Senate on June 2, 2026, by Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA) and joined by Senators Eric Schmitt (R-MO) and Chris Coons (D-DE), represents a comprehensive federal legislative effort to reshape the governance and economics of intercollegiate athletics...

On September 1, 2026, the Food & Drug Administration (FDA) reinforced its prior conclusion that fluoropolymers used in medical devices are safe and materially different from the per- and polyfluoroalkyl substances (PFAS) that drive most regulatory, litigation and public health concerns

The U.S. Court of Appeals for the Eleventh Circuit issued its much-anticipated decision in United States ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581, holding that the qui tam provisions of the FCA do not violate the Appointments Clause of Article II of the U.S. Constitution.