In one of its first major decisions under its new Republican majority, the National Labor Relations Board (“NLRB” or “Board”) has again rejected “setting-specific standards” for analyzing when offensive employee conduct loses the protection of the National Labor Relations Act
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IRS Proposes Long-Awaited Nondiscrimination Testing Rules for Dependent Care Assistance Programs
Last month, the Treasury Department and the IRS issued proposed regulations that provide guidance on the nondiscrimination testing rules for dependent care assistance programs (DCAPs) under Section 129 of the Internal Revenue Code (the “Code”).
In a welcome and long-awaited
The Noncompete Map is Splintering
For a brief moment, noncompete law was headed toward a single national rule. Then the Federal Trade Commission’s (FTC) rule was set aside, the agency abandoned its appeals, and the map splintered. While the federal rule is gone, the policy
False Claims Act Roundup Series: Q2 2026 – Federal and State Agencies Use Data to Operationalize Enforcement
In our Q1 2026 update, we reported on the Trump Administration’s new fraud-enforcement initiatives — the creation of the FCA Working Group, the National Fraud Enforcement Division, and the White House Task Force on fraud reduction — and the
California Legislature Takes Aim at AI-Powered Mind Reading, But Questions Remain
The California Legislature recently passed Assembly Bill 1883 (“AB 1883”), which would prohibit employers from using artificial intelligence (“AI”) workplace surveillance tools for two specific purposes: recognizing employees’ emotional states or collecting employees’ neural data.
Earlier versions of AB 1883
Treasury and IRS Propose Racial Nondiscrimination Regulations for Private Schools
Introduction
On September 4, 2026, the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) published proposed regulations (the “Proposed Regulations”) that would revoke the tax-exempt status of a private school if it adopts, maintains, or
Parliament’s Position on SFDR 2.0
On 10 September 2026, the European Parliament’s Committee on Economic and Monetary Affairs (“ECON”) has adopted its position on the reform of the Sustainable Finance Disclosure Regulation (“SFDR”), marking a significant milestone in the SFDR 2.0 legislative process. The position
September 2026 California Employment Law Notes
We invite you to review our newly-posted, September 2026 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Employee Was Bound By Customer Arbitration Agreement For Off-Duty Ride
Wilkins v. Cruise, LLC, 121 Cal. App. 5th 927 (2026)
A Cruise employee was injured while riding in one of the company’s autonomous vehicles, but he was off duty and using the ride-hailing service as a customer. He sued Cruise
Arbitration Clause Was Too Narrow To Cover Wrongful Termination Claims
Morales v. Superior Court, 122 Cal. App. 5th 239 (2026)
A former employee asserted disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under the California Family Rights Act, and common law wrongful termination claims. The