On September 18, 2026, President Trump issued an executive order directing the U.S. Departments of Labor (DOL), Homeland Security (DHS), and State to coordinate more closely on H-1B program administration and take into consideration employers’ recent or planned layoffs.The executive

…

Ogletree Deakins Insights

2nd Circ. Amends Decision on Motive for Failure-to-Accommodate Cases, No Religious Animus Required

By Leslie A. Lajewski & Zachary V. Zagger

September 18, 2026

https-ogletree-com-app-uploads-insights-litigation-litigation_gettyimages-879977258-scaled-jpg

Quick Hits

The Second Circuit amended its July 2026 decision, clarifying that the decision was not meant to establish that a heightened motive requirement exists for failure-to-accommodate cases.
The court clarified that employees need not prove discriminatory animus against religion

…

Ogletree Deakins Insights

Beltway Buzz, September 18, 2026

By James J. Plunkett

September 18, 2026

https-ogletree-com-app-uploads-gettyimages-166274033-1-1-jpg

Congress Returns, House Leaves, Midterm Elections Loom. Members of the U.S. Senate and U.S. House of Representatives returned to Washington, D.C., this week after staggered August breaks (the House returned briefly two weeks ago) and convened their respective chambers contemporaneously

…

Ogletree Deakins Insights

Workplace Drug Tests Show Spike in Cannabis and Cocaine Use

By Allison E. McDevitt & Michael S. O'Malley

September 18, 2026

https-ogletree-com-app-uploads-insights-drug-testing-drugtesting_gettyimages-829446642-scaled-jpg

Quick Hits

Workplace drug tests show a growing use of marijuana and cocaine in recent years.
Among all drugs, the rate of positive urine tests has remained roughly the same, more than 4 percent, for more than a decade.
About

…

Ogletree Deakins Insights

IRS Guidance Answers Questions on Employer Tax Credit for Paid Leave

By Michael K. Mahoney & Stephen Kenney

September 18, 2026

https-ogletree-com-app-uploads-insights-pay-equity-payequity_gettyimages-922662468-scaled-jpg

Quick Hits

The IRS and the Treasury Department issued guidance that addresses the employer tax credit for paid family and medical leave, which Congress made permanent and expended under the Working Families Tax Cuts Act (WFTC), a part of the

…

Ogletree Deakins Insights

Justice Jammed—UK Employment Tribunal Claims Reach Historic High

By Roger James

September 17, 2026

https-ogletree-com-app-uploads-gettyimages-1367002408-jpg

Quick Hits

The average UK employment tribunal claim now takes nearly sixty weeks from receipt to disposal, with some hearings listed for 2029.
Explosion of AI useage is likely a key factor.
Even though hearings may be delayed for a

…

Ogletree Deakins Insights

Employers’ Vicarious Liability to Third Parties Does Not Transfer Under TUPE

By Roger James

September 17, 2026

https-ogletree-com-app-uploads-flags-united-kingdom-png

Quick Hits

On 8 September 2026, the Court of Appeal held that TUPE Regulation 4(2)(a) must be read in light of the EU Acquired Rights Directive, whose purpose is to protect and ensure the continuity of employee rights upon

…

Ogletree Deakins Insights

NCAA Monopsony Power at Center of Latest Eligibility Rule Antitrust Case

By Mark N. Mallery & Zachary V. Zagger

September 17, 2026

Quick Hits

The Tenth Circuit is reviewing an antitrust class action that alleges the NCAA’s Five-Year Eligibility Rule imposes unreasonable restraints on 2022-enrolled college athletes in violation of Section 1 of the Sherman Antitrust Act.
A federal district court found

…

Ogletree Deakins Insights

Cal/OSHA Releases Hospital Weapons Screening Discussion Draft

By ByKarenF.Tynan@ogletree.com & Haidy M. Rivera

September 16, 2026

https-ogletree-com-app-uploads-gettyimages-548341753-1-jpg

Quick Hits

On September 14, 2026, Cal/OSHA released a discussion draft of a proposed rule that would require covered hospitals to screen individuals and their personal items at all unrestricted entrances, not just the specific entrances identified in AB 2975,

…

Ogletree Deakins Insights

The Potential Cost of ‘Quiet Promotion’

By Kristi S. Nelson Foy

September 16, 2026

https-ogletree-com-app-uploads-gettyimages-1225575965-jpg

In the early 2020s, the internet was abuzz with the term “quiet quitting,” a phrase referring to employees who were disengaged from their work and doing the bare minimum to meet expectations. Yet recent economic uncertainty has given rise to

…