On October 13, 2026, the en banc Eleventh Circuit held in Bolton v. Inland Fresh Seafood Corporation of America that ERISA does not require plaintiffs to exhaust a plan’s internal claims procedures before suing in federal court for breach of
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Second Circuit: Employees Told to Show Up Early Are “Engaged to Wait”
On October 13, 2026, a divided panel of the U.S. Court of Appeals for the Second Circuit revived a putative collective and class action alleging that discount supermarket chain Lidl failed to pay grocery workers for time spent waiting outside
FinReg Monthly Update
Welcome to the FinReg Monthly Update, a regular bulletin highlighting the latest developments in UK, EU and US financial services regulation.
Key Developments in September 2026:
United Kingdom
General Financial Services – Cross Sector
25 September – FCA Handbook: The
DOL Pulls the Plug on Plan to Move FLSA Interpretations Out of the CFR
On October 7, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a notice withdrawing its July 2025 proposal to strip nine parts of longstanding Fair Labor Standards Act (FLSA) interpretive guidance out of
California’s 2027 Employment Laws: More Rules, Higher Stakes
Fall has arrived, and Sacramento once again has supplied California employers with something scarier than Halloween ghouls: another round of workplace legislation. This year’s harvest includes restrictions on artificial intelligence, expanded leave rights, and steeper penalties. There is even a
Insurance and Private Capital: The Next Phase of Convergence
October 2026
Background
The convergence of insurance and private capital is no longer an emerging theme.
In the US, the ‘Apollo playbook’ has become a blueprint for large-scale insurance-sector investment, whilst the UK bulk purchase annuity (BPA) market is being
California’s SB 690 May Close One Door on Website Tracking Claims While Leaving Others Open
- Revisit pending claims and demands. SB 690 may offer new grounds to challenge pending pen register claims, but its effect depends on when the action was filed and what other claims are asserted. Companies facing these claims or demand letters
Updated: The Fight Over Columbia Heads West: Stanford Moves to Stay NLRB Election for Undergraduate RA’s
UPDATE: On October 6, 2026, as expected, Residential Assistants United Rising withdrew its petition to represent RAs at Stanford University, rather than risk Columbia being overturned or limited in scope.
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A university may be gearing up to
Flip-Flop: NLRB Reverses Course (Again) on Standard for Evaluating Offensive Employee Conduct
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
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