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The opinion letters issued on May 28 by US Department of Labor (DOL)’s Wage and Hour Division address common wage and hour risks, including exempt status, meal periods, the impact of quarterly bonuses on the regular rate calculation and routine pre-shift activity, off-the-clock work and rounding practices. The opinion letters also provide useful guidance on how the […]
Employers now have a roadmap from the federal government on how best to comply with workplace anti-discrimination laws under the Trump administration. The Equal Employment Opportunity Commission (EEOC) has released an updated National Enforcement Plan which replaces the last plan from the Biden administration. Notably, the plan prioritizes on eliminating DEI-based initiatives, focusing on enforcement in intentional discrimination cases […]
The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations in secret. Both types of recordings can constitute felony violations of state criminal laws, unfair labor practices, and sources of civil liabilities. State laws […]
US Citizenship and Immigration Services (USCIS) announced on May 22, 2026, that it is ending what it views as routine adjustment of status (AOS) as a path to Green Cards for nonimmigrants. From now on, foreign nationals who are in the US temporarily and want to pursue a Green Card will need to return to […]
The US Department of Labor (DOL) on May 15, 2026, formally rescinded its 2024 final rule, issued during the Biden Administration, which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) executive, administrative, and professional (EAP) exemptions. This means the federal salary threshold will stay at $684 per week for […]
The New Jersey Department of Labor and Workforce Development (NJDOL) adopted on May 5, 2026 final regulations codifying its interpretation of the “ABC Test,” which governs whether workers are classified as employees or independent contractors under multiple New Jersey statutes. The new regulations are scheduled to take effect on October 1, 2026. Morgan Lewis:New Jersey […]
Effective July 1, 2026, Virginia employers are required to disclose the wage or salary range for public and internal job postings. The law also prohibits employers from seeking the wage or salary history of a prospective employee. In passing this law, Virginia joins a growing number of states and jurisdictions that have passed similar requirements […]
The City of Chicago has finalized revised rules implementing its Paid Leave and Paid Sick and Safe Leave Ordinance, with an effective date of June 1, 2026. Although the rules do not fundamentally alter the ordinance’s structure, they provide important clarifications regarding employer liability and employee use of leave. The rules primarily clarify existing requirements […]
Effective July 1, 2026, the new Tennessee law prohibits employers from requiring, requesting, or enforcing a noncompete agreement against an employee whose annualized compensation is less than $70,000. The statute defines “annualized compensation” to include “total . . . wages, salary, commissions, nondiscretionary bonuses, and other forms of remuneration, calculated on an annualized basis.” Unlike recently […]
California employers should take note that the Cal/OSHA workplace posting titled “Safety and Health Protection on the Job” was updated in April 2026. The poster summarizes key workplace safety and health obligations under California law and must be displayed in a conspicuous location where employee notices are customarily posted. Failure to display the notice may […]