On Thursday, February 27, 2026, the U.S. Department of Labor (DOL) announced a long-anticipated proposed rule to guide the DOL’s analysis of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
On January 22, 2026, the Equal Employment Opportunity Commission (“EEOC”) held an open public meeting pursuant to the Sunshine Act to discuss and vote on the rescission of the 2024 Enforcement Guidance on Harassment in the Workplace adopted by the EEOC during the Biden Administration (EEOC-CVG-2024-1; issued 04-29-2024) (“2024 Guidance”). Under this 2024 Guidance, sexual orientation and gender identity were specifically addressed following the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. 644 (2020). It contains examples of prohibited conduct such as repeated and intentional use of a name or pronoun an individual no longer used as well as the denial of access to a bathroom consistent with an individual’s gender identity.
Earlier this month, our team published an in-depth article for federal contractors on navigating WARN Act compliance amid government shutdowns and federal contract cancellations. Since then, we’ve been closely monitoring the broader wave of workforce reductions affecting not only government contractors but employers across industries and company sizes.
Two recent disputes involving healthcare entities demonstrate some of the legal risks associated with contract clauses that require employees to reimburse their employer for the cost of job-related training if employees leave or are terminated before a specified period, often referred to as training repayment agreements (TRAs).
It was supposed to be a night of entertainment for concertgoers at a recent Coldplay performance. But for two company executives, the spotlight shone a bit too brightly when a “kiss cam” moment on the jumbotron captured what appeared to be a romantic embrace. The viral clip quickly made its way from the venue to social media feeds—and, inevitably, to the boardroom.
While most of us hope our professional lives don’t become the subject of a Viva La Vida meme, these headline-grabbing incidents can leave employers with serious employment law questions and reputational risks.
Key Points
Predictability and fairness are typical pillars of employment law. Where predictability allows both employers and workers to understand and navigate the rules and regulations that are applicable to them, fairness provides a constant level of security to all parties. Recently, the Texas Supreme Court used an unpredictable procedure to reach what it calls a “rule of fairness and right.”