Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree Deakins is a leading national law firm specializing in labor and employment. The firm blogs on workplace regulations and labor law updates.

Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Page 2

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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Ogletree Deakins Insights

DOJ Clarifies When Agency Guidance Can Support FCA Liability

By Joseph E. Ashman

October 5, 2026

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Quick Hits

Federal contractors encounter agency guidance at nearly every stage of contract performance.
DOJ’s revised policy distinguishes between agency guidance that tracks binding regulations and guidance that is purely advisory.
Under DOJ’s revised policy, noncompliance with agency guidance, standing

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Ogletree Deakins Insights

Site Relocation as a Mass Dismissal? ECJ Sharpens the Concept of ‘Dismissal’

By Andre Appel

October 5, 2026

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Quick Hits

Dismissals following an employee’s refusal to accept a unilateral, far-reaching relocation of the workplace may count toward the thresholds for mass dismissals, the European Court of Justice held in a June 2026 decision.
Whether a workplace relocation is

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Ogletree Deakins Insights

Federal Court Issues New Order Blocking Agency Implementation of $100,000 H-1B Fee

By Amanda R. Goodman

October 2, 2026

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Quick Hits

A federal district court in California has blocked USCIS, CBP, and the State Department from enforcing or implementing policies related to the proclamation-based $100,000 H-1B payment requirement.
The California ruling represents another adverse federal district court decision involving

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Ogletree Deakins Insights

Beltway Buzz, October 2, 2026

By James J. Plunkett

October 2, 2026

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‘Gone Till November.’ This week, the U.S. Senate wrapped up its current legislative period, and its members hit the campaign trail ahead of the November midterm elections. Senators (as well as members of the U.S. House of Representatives) are slated

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Ogletree Deakins Insights

NLRB General Counsel Previews New Work Rules Standard

By Christine M. Flack & Zachary V. Zagger

October 2, 2026

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Quick Hits

The NLRB general counsel is pushing the Board to reverse Biden-era Board precedents in a recent NLRB case brief.
The brief argued for the reversal of the 2023 Stericycle standard, which established a presumption that workplace rules were

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Ogletree Deakins Insights

SBA Drops Disparate Impact but Says Workforce Data Can Still Prove Intent

By T. Scott Kelly, Nonnie L. Shivers, Publisher & Cameron W. Ellis

October 2, 2026

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Quick Hits

On September 29, 2026, the SBA removed disparate impact liability and race-conscious affirmative action requirements from 13 CFR Part 112, effective immediately, without prior notice and comment.
The revised rule states Title VI of the Civil Rights Act

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