Washington State Employers:
Last Monday, the Governor signed a new law, WA HB 2355, establishing labor protections for domestic workers, which are defined as workers who perform at least four hours of work per month in a private residence as
Davis & Gilbert LLP
Davis & Gilbert LLP is a New York-based law firm that provides legal services to a diverse client base across the United States and internationally. The firm publishes content focused on legal issues affecting various industries, including advertising, marketing, technology, labor and employment, and data privacy. Their publications often analyze regulatory developments, compliance challenges, and emerging trends such as artificial intelligence in the workplace and consumer protection laws. They also produce industry reports and case studies highlighting legal strategies and outcomes for clients in sectors like retail, digital platforms, and food services. The firm addresses topics like advertising truthfulness, children’s online privacy, data protection regulations, and social media influencer risks.
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New York Narrows and Delays Enforcement of the “Trapped at Work” Act
NYS Employers:
On February 13, 2026, Governor Kathy Hochul signed an amendment to the New York “Trapped at Work Act” delaying enforcement and narrowing the law’s ban on “stay or pay” repayment provisions.
As discussed previously on PERKS, the Trapped…
Department of Labor Proposes New Economic‑Reality Test for Independent Contractors
On February 26, 2026, the United States Department of Labor proposed a new rule requiring use of an “economic reality” test in analyzing employee/independent contractor classification under several federal employment laws. If adopted, the proposed rule would replace the 2024…
DOJ Signals Use of False Claims Act to Target Allegedly Discriminatory DEI Practices
During the Federal Bar Association’s annual Qui Tam conference in Washington, D.C., last week, Deputy Assistant Attorney General Brenna Jenny provided employers with valuable insights into how the DOJ intends to use the False Claims Act to target what it…
NYC Amends Earned Safe and Sick Time and Temporary Schedule Change Laws
NYC Employers:
As a reminder, amendments to the New York City Earned Safe and Sick Time Act and Temporary Schedule Change Law went into effect yesterday. The amendments:
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Federal Court Vacates Injunction Against Trump Administration DEI Executive Orders
As previously discussed on PERKS, on January 21, 2025, the Trump Administration published Executive Order 14173, which purports to end “Illegal DEI.” In furtherance of that EO, on February 18, 2026, the General Services Administration (GSA) issued a proposal to update…
Court Limits Employers’ Use of AI Notetakers Under Federal and State Privacy Laws
Companies who permit employees to use AI notetaker tools will want to take note of this one:
On February 10, 2026, Judge Rakoff, a Federal District Court Judge for the Southern District of New York, held that documents prepared by…
Appeals Court Upholds Key Provisions of Trump Administration DEI Executive Orders
Last week a federal appeals court permanently vacated a preliminary injunction against provisions of Executive Orders 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). These provisions, among other…
U.S. Supreme Court Declines to Revive Challenge to Federal Contractor Vaccine Rules
The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that it is investigating allegations that Nike, the athletic footwear and apparel company, intentionally discriminated against white employees and job applicants, including as a result of Nike’s various DEI initiatives.…
FTC Signals Shift Away From Broad Non‑Compete Ban at Public Workshop
Last week, the Federal Trade Commission held a public workshop in which it made clear that while it will not seek to ban noncompete agreements outright, it remains committed to aggressively targeting “abusive” noncompete provisions on a case-by-case basis under…