Monday, July 6, 2026Labor & Employment Law
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Labor Law - General
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrus
HR - General
Finding the plaintiff did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected activity, a jury returned a verdict for the former employer, a subsidiary of a publicly traded life sciences company.
Affirmative Action - General
Over decades, hundreds of colleges and universities have worked to increase the racial diversity of their student bodies for a host of reasons ranging from eliminating past discriminatory practices to ensuring their students were exposed to people with diverse life experiences and outlooks to prepar
HR - General
Across the country, voters will have the chance to weigh in on many statewide ballot measures that will set state minimum wages and other employment laws.
HR - General
The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , No. 19-1392 (June 24, 2022), which ended a nearly 50-year precedent protecting the right to abortion and opened the door for states to implemen
FLSA - Overtime Exemptions
On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc. , 15 F.4th 289 (5th Cir. 2021), cert. granted , No. 21-984 (U.S. May 2, 2022), and a corresponding split among the circuit
Lawyering - General
The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury , No. 21-1397.
Immigration - General
For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic.
Class Actions - General
In our latest issue of the Class Action Trends Report , Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
Federal Gov't - EEOC
The Equal Employment Opportunity Commission (EEOC) has announced it was replacing its “EEO is the Law” poster with a new poster entitled “Know Your Rights.”
Title VII - General
The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate discrimination Title VII complaints.
Immigration - Visas
The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top of the 66,000 normally available. This move represents a change in strateg
Benefits - ERISA
Plaintiffs must plead a “sound basis for comparison—a meaningful benchmark” — to sustain their claims of imprudent investment and excessive fee against a 401(k) plan, the federal appeals court in St. Louis has held, dismissing a class action lawsuit for breached of fiduciary duties under ERISA. Mato
Puerto Rico
Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on October 14, 2022, upon Govern
HR - Diversity, Equity and Inclusion (DEI)
The Diversity Visa (DV) Lottery is open for FY 2024. Applications may be filed online until 12:00 p.m. ET on November 8, 2022. The DV Lottery program makes 50,000 immigrant visas (“green cards”) available every year to applicants from countries with low rates of immigration to the United States. Eli
ADA - Drug & Alcohol
Severe immigration consequences for certain non-U.S. citizens remain despite President Joe Biden’s pardon of all prior federal offenses for simple marijuana possession. On October 6, 2022, President Biden took a major step toward the decriminalization of marijuana, pardoning all prior federal offens
HR - Independent Contractors
The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards Act (FLSA).
Illinois - General
A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No. 1:19-cv-03083 (N.D. Ill. Oct. 12, 2022).
Immigration - Employment Eligibility
The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement . DHS guidance remains the same . Employees who, due to COVID-19 policies, do not report to a physical location on a regular, consistent, or predicta
Immigration - Visas
The EB-5 Immigrant Investor Program has gone through significant changes in 2022 due to the enactment of the EB-5 Reform and Integrity Act (RIA) . Created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the EB-5 Program provides a path to perma