Since the enactment of the Fair Labor Standards Act (FLSA) in the late 1930s, the U.S. Department of Labor (DOL) has issued opinion letters as a means of providing guidance to workers, employers, and other stakeholders regarding the application of federal employment laws.

Continue Reading U.S. Department of Labor Issues Six Opinion Letters Addressing FLSA and FMLA

By March 30, 2026, California employers are required to notify existing employees of the opportunity to identify an emergency contact and to allow employees to designate whether the contact should receive notification if the employee is arrested or detained at the jobsite, during work hours, or offsite while performing their job duties, and the employer has “actual knowledge of the arrest or detention of the employee.”

Continue Reading California Employers Face March 30, 2026, Deadline to Offer Emergency Contact Designation

Some employers that rely on staffing arrangements, franchise relationships, or independent contractors may see meaningful shifts in federal labor policy because of a pair of federal agency rulemaking announcements released in February 2026.
Continue Reading Labor Policy Pendulum Swings Again: New Federal Rules Reshape Joint-Employer and Independent Contractor Standards

On Jan. 28, 2026, the Ninth Circuit Court of Appeals in Avery v. TEKsystems, Inc. affirmed a district court order refusing to enforce an arbitration agreement rolled out during class litigation.
Continue Reading Ninth Circuit Warns California Employers Implementing Arbitration Agreements Mid-Litigation

Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.

Continue Reading Beyond Burden Shifting: What the Eleventh Circuit’s Latest Decision Might Mean for McDonnell Douglas

On Jan. 8, 2026, the Supreme Court of Virginia upheld a decision to overturn a $2 billion jury verdict in the Appian v. Pegasystems trade secrets dispute, where a unanimous jury found that Pega violated the Virginia Computer Crimes Act and misappropriated Appian’s trade secrets.
Continue Reading Virginia Supreme Court Orders New Trial in $2 Billion Trade Secrets Case