EEOC Chair Andrea R. Lucas Reminds Fortune 500 Companies About DEI Programing (US)

Andrea R. Lucas, the Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”), issued a letter on February 26, 2026, to the CEOs, general counsels and boards of directors of the 500 largest U.S. companies to remind them of legal obligations under Title VII of the Civil Rights Act of 1964. While framed as a reminder, the letter is another example of the EEOC’s continuing efforts to address employers’ diversity, equity and inclusion (“DEI”) initiatives. In her letter, Chair Lucas characterizes the long-standing principles of equality of treatment and opportunity as “under attack by movements and ideologies that elevate group rights over individual rights; demand equal outcomes over equal treatment and equal opportunity; and most absurdly, twist our nation’s civil rights to promote discrimination against certain races or groups, rather than protect all Americans equally and evenhandedly.”

Washington State Tells Employers Not to Get Under Their Employees’ Skin: New Law Limits Ability to Microchip Employees (US)

By Isabela Gibson on March 18, 2026 Posted in Employment Law, Employment Policies, Privacy, State Law Updates, Surveillance, Terms of Employment

On March 11, 2026, Washington state Governor Bob Ferguson signed a law prohibiting employers from requiring employees to have tracking chips implanted beneath their skin as condition of employment. Washington now joins Arkansas, California, Missouri and ten other states which have passed similar laws, all addressing advances in workplace surveillance technology.

Michigan Joins Majority of States in Enacting Anti-SLAPP Law (US)

By Margaret Lombardo on March 17, 2026 Posted in Anti-SLAPP, Employment Law, Litigation, State Law Updates

Although rare, from time to time an employer may sue a current or former employee who makes negative public comments about the employer. In such cases, the employer may allege that the employee’s comments constitute defamation or tortiously interfered with the employer’s business relationships.

Not surprisingly, the threat of litigation can have a substantial deterrent effect, not only upon the employee threatened with litigation but on their colleagues as well. As a result, employees may choose not to speak publicly, even with respect to matters of public concern.

Belgium – Pay Transparency – Flemish Minister announces fines for companies “that pay men more than women”

By Marga Caproni on March 16, 2026 Posted in Pay Transparency

Last week, in the wake of International Women’s Day, the Flemish government approved a – very partial – implementation of the Pay Transparency Directive.

The bulk of the transposition work is still to be done by the federal government and the social partners in the National Labour Council, and on these fronts, things are still awfully quiet.

But the three regions in Belgium also have (limited) powers in this matter. These powers include the authority to impose sanctions on companies which do not comply with their obligations as imposed by the Directive.

Argentina’s Labor Reform 2026: What Employers Need to Know

By Jose Martin on March 12, 2026 Posted in Collective Bargaining, Employment Law, Independent Contractors, Pay, Regulation, Severance, Working Time

On March 6, 2026, Argentina enacted its sweeping Labor Modernization Law, a reform that reshapes the country’s employment framework and introduces the most significant changes to labor relations in decades. With 196 articles, the law goes far beyond amending the Employment Contract Law (LCT), touching collective bargaining, labor procedures, severance systems and employer costs. Below is a high-level overview of the key changes and why they matter. While some amendments don’t take effect until January 1, 2027, others – e.g., social security contributions – take effect immediately, or on June 1, 2026 – e.g., Labor Assistance Fund.

A Setback for Cemex: Sixth Circuit Reigns In the NLRB’s Adjudicatory Authority (US)

By Chase Clark, Daniel Pasternak and Will Kishman on March 11, 2026 Posted in Employment Law, NLRA, NLRB, Unions

On March 6, 2026, the United States Court of Appeals for the Sixth Circuit became the first federal appeals court to reject the National Labor Relations Board’s (NLRB or Board) 2023 decision in Cemex Construction Materials Pacific, LLC, in which the NLRB changed the standard for issuing affirmative bargaining orders requiring employers to recognize and bargain with a union even after employees vote against union representation.

Sixth Circuit Addresses Arbitrability of Individual Claims in Sexual Assault and Harassment Claims (US)

By Margaret Lombardo on March 6, 2026 Posted in Arbitration, EFAA, Employment Law, Litigation, Sexual Harassment

As we previously reported here and here, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act (“FAA”) by invalidating clauses in employment agreements mandating arbitration of sexual harassment and sexual assault cases. The EFAA permits a claimant in a sexual assault or sexual harassment case to forgo arbitration and pursue the case in court. (See 9 U.S.C. §§ 401-02.) That is, although claimants can choose to arbitrate such claims, they cannot be compelled to do so.

Quick Hits: New York Employment Law Updates (US)

By Mike Fussell on March 5, 2026 Posted in Employment Law, Employment Policies, New York, Sick Leave, Time Off

From Albany to Manhattan, employers in some of the nation’s largest jurisdictions are facing significant legal changes. Staying ahead of these developments is essential to maintaining compliance and minimizing risk. This update highlights several key employment law changes in New York state and New York City that employers should be aware of now.

Turning the Page: New NLRB General Counsel Signals Changes for Employers from Aggressive Litigation Priorities and Investigatory Tactics (US)

By Daniel Pasternak on March 2, 2026 Posted in Employment Law, NLRA, NLRB, Unions

In enforcing the National Labor Relations Act (Act), the National Labor Relations Board (NLRB or Board) exercises two principal functions: it supervises and conducts union representation elections through which employees decide whether be represented by a union, as well as decides cases involving alleged violations of the Act, referred to as unfair labor practice charges (ULPs).

What’s Old Is New Again: DOL Proposes to Revert to the 2021 Independent Contractor Framework

By Jill Kirila on February 26, 2026 Posted in Department of Labor, Employment Law, Fair Labor Standards Act, FMLA, Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

Today, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) proposing to rescind the 2024 independent contractor rule and reinstate—largely—the 2021 rule’s analytical framework for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposal would also expressly apply that framework to the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

For HR leaders and employment counsel, this is not just another technical regulatory update. It represents a significant recalibration of the economic reality test—one that could materially affect classification strategy, litigation risk and workforce design.