Insights

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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May 19, 2026
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Category: Labor Relations

Fifth Circuit Pushes Back On NLRB Overreach In Profanity-Related Discharge Case

The Fifth Circuit vacated an order from the Biden-era National Labor Relations Board finding that Starbucks unlawfully discharged a union-supporting employee who repeatedly used extreme profanity toward his coworkers and supervisors. The Fifth Circuit concluded that the Board failed to consider evidence that Starbucks had legitimate, non-discriminatory reasons for firing the employee. Although the Fifth Circuit sent the case back to the...
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May 19, 2026
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Category: Discrimination and Harassment

Tenth Circuit Rejects Hostile Work Environment Claim Based On Single DEI Training

A single mandatory DEI training did not plausibly create a hostile work environment, the Tenth Circuit recently ruled. Its decision in Young v. Colorado Department of Corrections affirmed the dismissal of Title VII and Section 1981 claims. The plaintiff employee alleged that the training’s focus on systemic racism was discriminatory toward white employees, but the court held that the complaint failed...
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May 15, 2026
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Category: Compliance Reporting and Recordkeeping

EEOC Prepares To Rescind EEO Reporting Requirements

The Equal Employment Opportunity Commission is seeking White House approval to proceed with a proposal to end the annual EEO-1 reporting obligation. The EEOC has asked the Office of Management and Budget to let it publish a proposed rule that would rescind the requirement for employers to file EEO-1 Reports. The proposal also would end similar reporting requirements for labor unions, state and local governments, and some public schools.   Before the proposal can take effect, OMB must complete its review, and the EEOC must publish...
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May 15, 2026
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Category: Wage and Hour

DOL Formally Restores Pre-2024 Overtime Rules Following Court Vacatur

The Department of Labor has issued a technical amendment removing the 2024 revisions to the white-collar overtime regulations. It restores the salary thresholds adopted in 2019, including the weekly $684 salary level for exemption as an executive, administrative, or professional employee and the annual $107,432 threshold for highly compensated employees. The amendment implements federal court decisions vacating the Biden-era rule and follows DOL’s recent dismissal of pending appeals challenging those rulings.   The technical amendment does not change current compliance obligations but simply aligns the regulatory text with court rulings that...
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