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Insights

June 05, 2026
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Category: Agency Enforcement

EEOC’s New Enforcement Plan Signals Shift In Priorities

The EEOC adopted a new National Enforcement Plan June 4 that signals a significant shift in its priorities toward intentional discrimination claims and away from disparate impact cases. The NEP confirms that the EEOC will devote greater attention to employers’ recruiting, hiring, promotion, and DEI-related practices. The NEP’s enforcement priorities include scrutiny of: job ads that refer to race or diverse...
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June 04, 2026
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Category: State and Local Compliance

New Jersey Appeals Court Reinstates Recreational Cannabis User’s Lawsuit

New Jersey’s cannabis law allows job applicants and employees to sue over adverse employment actions tied to recreational cannabis use, New Jersey’s intermediate appellate court ruled May 26. In Sanders v. The Levari Group, the court reinstated a job applicant’s claim that she was denied employment after testing positive for cannabis. New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...
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June 03, 2026
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Category: Arbitration and Dispute Resolution

Supreme Court Expands Scope Of FAA Transportation Exemption

Transportation workers need not cross state lines to qualify for the Federal Arbitration Act’s mandatory arbitration exemption if they are part of a continuous interstate flow of goods, the Supreme Court ruled May 28. In Flowers Foods v. Brock, the Supreme Court held that the FAA’s Section 1 exemption for workers “engaged in interstate commerce” can apply to workers who perform...
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June 02, 2026
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Category: Agency Enforcement

EEOC Moves To Rescind 1979 Affirmative Action Interpretive Guidance

The Equal Employment Opportunity Commission has asked OMB to approve a measure that would rescind the agency’s 1979 guidance on when Title VII permits voluntary affirmative action. The guidance, codified at 29 CFR Part 1608, outlines when employers may adopt voluntary affirmative action plans for women and minorities. Most employers that adopted affirmative action plans for women and minorities did so...
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June 02, 2026
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Category: State and Local Compliance

CWC Interstate For May 2026

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has released its latest Interstate, which presents information on state and local workplace compliance developments from May 2026. The Interstate addresses numerous topics, including: the prevailing wage in Connecticut; the minimum wage in Nebraska; undocumented workers in Indiana; anti-discrimination laws in Florida and New Jersey; disability accommodation and lactation accommodation...
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May 28, 2026
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Category: Immigration

USCIS Narrows Use Of Adjustment Of Status For Employment-Based Green Cards

A new USCIS policy signals heightened scrutiny at the final stage of the green card process and will likely require more applicants to complete the permanent residency application process at U.S. consulates outside the United States. Adjustment of status (AOS) is the process that many foreign nationals use to obtain lawful permanent residence (a “green card”) from within the United...
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May 28, 2026
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Category: Agency Enforcement

FTC Signals Renewed Scrutiny Of Noncompete Agreements Through Targeted Warning Letter

The Federal Trade Commission recently indicated in a warning letter to a mortgage services company that it is ramping up its scrutiny of employers that require noncompete agreements from all employees and impose restrictions that limit workers’ mobility and competition. The FTC indicated that it is using its Section 5 authority to assess whether such provisions violate federal antitrust law...
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May 27, 2026
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Category: Labor Relations

House Set To Consider Major Change To Law Governing First Union Contracts

The proposed Faster Labor Contracts Act would amend the National Labor Relations Act to force interest arbitration in a first-time collective bargaining if the parties fail to produce an agreement within a set timeframe. A majority of House members have signed a “discharge petition” to force floor consideration of the legislation (H.R. 5408 / S. 844), which would allow government-appointed arbitrators to...
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May 21, 2026
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Category: Arbitration and Dispute Resolution

Supreme Court Gives Employers Clearer Path To Enforce Arbitration Awards

The U.S. Supreme Court has clarified that a federal trial court that stays a case under the Federal Arbitration Act may remain involved in the case after arbitration occurs to confirm or vacate the award, even if the post-arbitration request would not independently qualify for federal court jurisdiction. The Court’s ruling in Jules v. Andre Balazs Properties resolved a circuit split...
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May 20, 2026
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Category: State and Local Compliance

Colorado “Resets” Its AI Law – What Employers Need To Know

Colorado has replaced its sweeping 2024 AI law (before it took effect) with a narrower 2026 AI law that reshapes employers’ obligations when they use artificial intelligence systems for employment decisions. The new law, which will take effect January 1, is less onerous for employers than the 2024 law would have been. It drops many compliance requirements — including risk...
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