On October 28, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.
Latest from Law and the Workplace
The Next Wave of Restrictive Covenants Litigation: When Function Matters More Than Form
A consequential noncompete may be the one that’s not called a noncompete at all.
It may appear as a confidentiality clause that prevents an employee from using the knowledge needed to continue working in the industry. Or a client non-solicitation
The Robots Are Here! California Enacts AI Restrictions For the Workplace
At the conclusion of the 2026 legislative session, California Governor Gavin Newsom signed into law three bills addressing how employers use artificial intelligence (“AI”) in the workplace. Together, they place limits on AI-assisted discipline, restrict certain forms of employee surveillance,
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
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
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
New York Employers May Soon Face New Separation Agreement Procedural Requirements
A bill passed by the New York State Legislature and awaiting delivery to Governor Kathy Hochul may impose new procedural requirements for employers around separation agreements.
If ultimately enacted, S372A, known as the “No Severance Ultimatums Act,” would mandate
New York State Mandates Employee Access to Personnel Records
New York Governor Kathy Hochul has signed into law a bill that will provide private and public sector employees and former employees a right to access and dispute their personnel records. It takes effect on November 8, 2026 (60 days
EEOC Moves to End Demographic Reporting—But Employers Should Not Change Course Yet
The Equal Employment Opportunity Commission (EEOC) has taken a significant step toward dismantling one of the federal government’s longest standing employment reporting requirements.
On July 21, 2026, the EEOC voted 2-1 to issue a Notice of Proposed Rulemaking (NPRM) that
UK Employment Law & Regulatory Reform: How Financial Services Firms Can Prepare for Change
UK Employment Rights Act 2025 and FCA Non-Financial Misconduct Guidance — Key Considerations for Financial Services Employers
Financial services firms face a concentrated period of reform. The Employment Rights Act 2025[1] (the “ERA 2025”) introduces the most significant changes