Employers increasingly rely on automated tools to help make decisions concerning hiring, promotion, discipline, and termination. In response, state legislatures and agencies have begun to regulate uses of these technologies, often referred to as automated decision-making technology (“ADMT”). These laws generally require entities that deploy ADMT in the employment context to, among other requirements, notify
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Non-Compete Roundup Summer 2026 – New Limitations on Restrictive Covenants
A number of states have recently acted to introduce new limitations on employers’ use of restrictive covenants, continuing a trend of tightening up on employers’ options for protecting their confidential information, especially in the use of non-competition agreements. On July 1, 2026, Tennessee and Virginia implemented expansive restrictions on non-competes for employees earning less than
EEOC’s New National Enforcement Plan Signals Shift Toward Intentional Discrimination and DEI Enforcement
On June 4, 2026, the Equal Employment Opportunity Commission (“EEOC”) approved its National Enforcement Plan (“NEP”) for FY2025 – FY2029, rescinding and replacing the agency’s FY2024 – FY2028 Strategic Enforcement Plan (“SEP”) before that plan’s scheduled endpoint. The NEP identifies and focuses the agency’s attention and resources on specific substantive categories of enforcement priorities including
New York Bans Certain “Stay-or-Pay” Agreements
On December 19, 2025, New York Governor Kathy Hochul signed into law the “Trapped at Work Act” (the “Act”) (N.Y. Lab. Law §§ 1050–55) to prohibit certain types of so-called “stay-or-pay” agreements that require an employee to repay an employer for certain expenses or compensation if the employee terminates employment within a certain
UK Employment Rights Act Finally Becomes Law
On December 18, 2025, the UK Government passed the Employment Rights Bill, which will now be referred to as the Employment Rights Act 2025 (the “Act”). This represents the “biggest upgrade in employment rights for a generation” and introduces a wide-ranging suite of reforms to be implemented over the course of the next two years.
EEOC Releases New Technical Assistance: “Discrimination Against American Workers Is Against The Law”
On November 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) released a technical assistance document, “Discrimination Against American Workers Is Against The Law,” and updated its landing page on national origin discrimination. This development reflects EEOC Chair Lucas’s focus on national origin discrimination and Anti-American bias and follows comments she made in January
California Update: New Employment Laws and Compliance Obligations for 2026
California Governor Gavin Newsom has signed several Assembly Bills (AB) and Senate Bills (SB) that expand employee rights and increase workplace compliance obligations for employers. Here is a rundown on the key new laws. Unless otherwise specified, the laws take effect on January 1, 2026.
Supreme Court Holds That All Employment Discrimination is Equal: Ames v. Ohio Dept. of Youth Servs.
On June 5, 2025, the U.S. Supreme Court altered the landscape for employers facing “reverse discrimination” Title VII lawsuits in the Sixth, Seventh, Eighth, Tenth, and DC Circuits, by striking down a rule that had required plaintiffs from “majority groups” to allege additional “background circumstances” to state a prima facie case of employment discrimination. Examples
Former EEOC Officials Respond to EEOC Technical Assistance Document “What You Should Know About DEI-Related Discrimination at Work”
On April 3, 2025, 10 former Equal Employment Opportunity Commission (“EEOC”) officials, including former commissioners, general counsel, and Chairs Charlotte A. Burrows and Jenny R. Yang, issued a public letter responding to the recent EEOC technical assistance document, “What You Should Know About DEI-Related Discrimination at Work,” which we described in a
German Federal Labor Court Rules on Phantom Shares; What Employers Need to Know
The German Federal Labor Court (Bundesarbeitsgericht – BAG) has issued two new decisions impacting virtual stock option plans (VSOPs). In a March 19, 2025 decision (BAG, March 19, 2025 – 10 AZR 67/24), BAG ruled that virtual stock options (“phantom shares”) are not speculative options/opportunities, but rather part of the remuneration already earned