Workplace Law After 'Loper': Is Disability And Leave Management In Peril? (Video)

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”

In the intricate landscape of employment law, wrongful termination poses a significant challenge for employees who find themselves at the unfortunate intersection of job loss and potential injustice.

Massachusetts has taken a significant step toward pay equity and workplace fairness with the passage of its Wage Transparency Act (the "Act" or formally, An Act Relative to Salary Range Transparency).

Private-sector employers with "no-fault" attendance policies in New York will need to revisit their policies following an impending change to New York Labor Law.

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.

The US Department of Labor has issued new guidance establishing a streamlined framework for enforcing mental health parity requirements under MHPAEA, focusing enforcement on three priority areas while maintaining nonenforcement of controversial 2024 rule provisions. This guidance aims to reduce compliance burdens on plan sponsors while ensuring participants maintain access to mental health and substance use disorder benefits comparable to medical and surgical coverage.

Federal overtime exemption rules have shifted back to 2019 standards following court challenges to the Department of Labor's 2024 salary threshold increases. Understanding how these revised requirements affect executive, administrative, professional, and highly compensated employee classifications is critical for maintaining wage-hour compliance.

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.

The first half of 2026 has seen major litigation developments in cases concerning the Employee Retirement Income Security Act (ERISA), including decisions by the U.S. Supreme Court and the U.S. Courts of Appeals for the Fourth, Fifth, Ninth, Eleventh, and D.C. Circuits.

Merit-based hiring is a recruitment strategy that focuses on selecting candidates based solely on their skills, experience, qualifications, and performance rather than personal characteristics or biases.

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

The State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training. The agency has not publicly announced the duration or precise scope of this pause.

USCIS is implementing a revised Form I-485 on September 18, 2026, with no grace period for transition, requiring immediate use of the new edition for all green card adjustment of status applications. The updated form incorporates significant changes related to the Public Charge Ground of Inadmissibility Final Rule, affecting documentation requirements and filing procedures. Employers and immigration sponsors must carefully navigate the hard cutoff date to avoid application rejections.

A qualifying Form I-864, Affidavit of Support, alone does not establish that an adjustment applicant is not inadmissible on public charge grounds.

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates' eligibility for second preference employment based...

While it typically uses the "Final Action Dates" chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS)

Every so often a law that was passed years ago quietly becomes a present-day compliance reality. Section 24220 of the 2021 Infrastructure Investment and Jobs Act is one of those laws.

On Sept. 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary 60-day grace period currently available to many employment-based nonimmigrants following the termination of their employment.

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st

The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration...