Insights

February 09, 2026
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Category: Agency Enforcement

EEOC Seeks Court Order To Enforce Subpoena In Nike DEI Investigation

The EEOC has petitioned a federal court to enforce a subpoena that it issued while investigating Nike’s DEI practices. The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and materials from Nike’s “Diverse Slates” hiring process. It also requests data on eligibility and selection for internship and leadership programs dating back to 2018. The...
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February 05, 2026
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Category: State and Local Compliance

OEWS Report Now Mandatory In Two Additional States

Maryland and Virginia have joined the list of states that require employers to respond to the Bureau of Labor Statistics Occupational Employment and Wage Statistics report. The OEWS provides employment and wage estimates for 830 occupations in more than 400 industries. The report surveys employers nationwide and produces estimates for states, metropolitan areas, nonmetropolitan areas, the District of Columbia, and...
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February 04, 2026
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Category: Immigration

USCIS Announces FY 2027 H 1B Lottery Registration Opens March 4 With New Weighted Selection Process

USCIS will open the FY 2027 H-1B lottery electronic registration period on March 4, 2026. Employers will have until March 19 to submit electronic registrations using their USCIS online accounts and pay the $215 registration fee per beneficiary. USCIS is expected to send out selection notices by March 31, 2026. Under USCIS’ new weighted selection rule, employers will receive more lottery...
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February 04, 2026
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Category: Wage and Hour

DOL Opinion Letter Underscores Compliance Risks When Using Incentive-Based Bonus Plans

A recent Wage and Hour opinion letter reaffirms that employers must include performance-based bonuses awarded under predetermined criteria in the regular rate when calculating overtime. DOL concluded that bonus payments were nondiscretionary and therefore part of the regular rate because the employer had “abandoned” its discretion by automatically awarding the bonus to drivers who met objective performance and safety standards. The...
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February 03, 2026
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Category: Agency Enforcement

New NLRB General Counsel Prioritizes Backlog Reduction And Consistency

The NLRB’s new General Counsel, Crystal Carey, has signaled an early focus on reducing the agency’s substantial case backlog and improving regional consistency in case processing and enforcement actions rather than revisiting Board precedent. On January 28, she issued Memorandum GC 26-02 stating that she will not issue a wide-ranging “Mandatory Submissions to Advice” memo listing cases or topics that...
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January 28, 2026
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Category: Agency Enforcement

EEOC Reclaims Litigation Authority After Decades Of Harmful Delegation

The Equal Employment Opportunity Commission has voted to reclaim litigation authority that it improperly delegated to its General Counsel three decades ago. The Commission adopted the new procedure by a 2 to 1 vote January 22. Now, in nearly all cases, the Commission will vote on whether to commence or intervene in litigation. There will be narrow exceptions for recordkeeping matters...
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January 27, 2026
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Category: State and Local Compliance

CWC Interstate January 2026 Resource Published For CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued an Interstate memo that details state and local workplace compliance developments from January 2026. CWC’s January 2026 Interstate addresses a range of topics, including: Fair employment Artificial intelligence (Illinois) Credit history (New York) Disparate impact (New York; New Jersey; Pittsburgh, Pa.) Notice of rights (California) Pay data reports...
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January 27, 2026
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Category: Discrimination and Harassment

Florida And Texas AG Letters Signal Heightened Legal Scrutiny Of DEI Programs

The Attorneys General of Florida and Texas issued opinion letters last week calling many DEI programs unlawful, reflecting increased state enforcement against race- and sex-conscious policies. Florida Attorney General James Uthmeier issued a formal opinion finding that dozens of state laws requiring race-based preferences, classifications, or quotas violate the U.S. Constitution’s Equal Protection Clause and Florida’s Constitution. Relying heavily on...
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January 26, 2026
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Category: Agency Enforcement

EEOC Rescinds Guidance On Workplace Harassment

The Equal Employment Opportunity Commission has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace following a 2 to 1 partisan vote January 22. EEOC Chair Andrea Lucas stated two concerns during the meeting: first, that the portions of the guidance addressing sexual orientation and gender identity exceeded the Supreme Court’s decision in Bostock v. Clayton County; and, second, that the guidance...
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January 22, 2026
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Category: Immigration

State Department Pauses Immigrant Visa Processing for 75 Countries

Effective January 21, the State Department has paused issuing immigrant visas for nationals of 75 countries out of concern that these immigrants will use welfare programs in the United States. An immigrant visa is a permanent visa that allows an individual to enter the country and automatically become a lawful permanent resident (green card holder) upon admission. The pause does...
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