SCOTUS Begins 2026–2027 Term. This week, the Supreme Court of the United States kicked off its 2026–2027 term. The Court will continue to fill its docket in the coming weeks, but it already has several cases that should be of

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Ogletree Deakins Insights

No Proof of Authority, No Termination, Germany’s Federal Labor Court Rules

By Bastian Sepp

October 9, 2026

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Quick Hits

Germany’s Federal Labor Court held in a recent decision that if the body with authority to represent the company authorizes individual members to represent the company alone, the termination notice may be rejected if proof of that authorization

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Ogletree Deakins Insights

EEOC Moves to Revoke Long-Standing Guidance on Criminal Background Checks

By Stephen R. Woods, Gustavo A. Surez, Publisher & Amie M. Willis

October 9, 2026

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Quick Hits

The EEOC has submitted a draft to rescind its 2012 enforcement guidance related to using arrest and conviction records in employment decisions.
The 2012 guidance indicated that an employer’s use of criminal history information in employment decisions could

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Ogletree Deakins Insights

California Amends Cal/WARN Act to Require AI and Automation Disclosures in Layoff Notices

By Andrew S. Haring & Omar F. Hassan

October 9, 2026

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Quick Hits

Under SB 951, Cal/WARN notices for job losses caused in whole or in substantial part by AI or other automated technology must include four additional items: (1) the number of affected layoffs (with classifications or occupations and work

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Ogletree Deakins Insights

Marijuana Rescheduling Temporarily Paused

By M. Tae Phillips, Michael S. O'Malley, Publisher & Jennifer L. Pacicco

October 8, 2026

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Quick Hits

The DEA’s chief administrative law judge stayed marijuana rescheduling proceedings to consider adding a new GAO drug scheduling report to the hearing record and permit supplemental briefings concerning rescheduling all marijuana products, not just those approved by the

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Ogletree Deakins Insights

DHS Proposes Significant New OPT Fees for F-1 Students

By Andrew G. Drozdowski, Amanda R. Goodman, Publisher & Tiffany Lam-Bentley

October 8, 2026

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Quick Hits

DHS is proposing a $70,000 fee for the first OPT recommendation for an F-1 student and a $30,000 fee for any subsequent OPT recommendation, including a STEM OPT extension.
The SEVP-certified school would be responsible for paying the

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Ogletree Deakins Insights

Workplace Language Rules and the EEOC’s Renewed Focus on Anti-American National Origin Discrimination

By Stephen J. Quezada

October 8, 2026

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Quick Hits

English-only workplace rules are generally impermissible but may be lawful in situations where they’re required for safe or efficient business operations.
The EEOC recently released a video indicating an intent to increase its enforcement focus on national origin

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Ogletree Deakins Insights

Global AI and Data Compliance: Why U.S. Employers Can’t Afford a U.S.-Only Lens

By Matthew P. Gizzo, Cécile Martin, Justin T. Tarka, Publisher & Erin Schachter

October 7, 2026

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U.S. employers can no longer take a U.S.-centric view of artificial intelligence (AI) and data compliance. In a previous insight, we examined the EU AI Act’s extraterritorial reach for U.S. employers and the steps they would need to consider

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Ogletree Deakins Insights

California Court of Appeal Finds Managers Not Liable for Whistleblower Retaliation

By Tracie L. Childs, Joel H. Kosh, Publisher & Sandra Aguilar

October 7, 2026

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Quick Hits

A dental assistant for the California Department of Corrections and Rehabilitation (CDCR) alleged she faced whistleblower retaliation and constructive discharge after reporting safety concerns.
The Court of Appeal affirmed a lower court’s decision that individual supervisors cannot be

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Ogletree Deakins Insights

New Jersey Bill Would Eliminate Tax on Certain Legal Cost Awards

By Michael K. Mahoney

October 7, 2026

Quick Hits

If an employee is awarded or agrees to legal costs or attorneys’ fees as a result of a case or informal claim of unlawful discrimination, retaliation, or a whistleblower action, those amounts would not be subject to New

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