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Introduction

On September 29, 2024, California Governor Gavin Newsom signed Senate Bill (SB) 729 into law, creating a significant shift in reproductive health policy for employers statewide by expanding fertility insurance coverage in California. Effective January 1, 2026, SB 729 mandates that fully insured, large group health plans (those with 101 or more covered employees) must provide coverage for the diagnosis and treatment of infertility, including in vitro fertilization (“IVF”). These changes reflect California’s efforts to expand access to fertility care and mirror policies in select other states—which we have previously discussed here.

Continue Reading California SB 729: New Fertility Coverage Mandate for Employers

On January 12, 2026, the U.S. Supreme Court declined to address a deepening circuit split about the process for certifying collective class actions under the Age Discrimination in Employment Act (“ADEA”) and the Fair Labor Standards Act (“FLSA”). As a result, uncertainty persists for employers and employees alike, with federal courts adopting a range of standards.

Continue Reading Certification Crossroads: Supreme Court Declines Review, Deepening Circuit Split on Opt-In Standards for FLSA and ADEA Class Claims

On December 11, 2025, President Trump signed an Executive Order titled Ensuring a National Policy Framework for Artificial Intelligence (the “EO”). This EO targets state laws addressing artificial intelligence and creates potential compliance issues employers must carefully navigate.

Continue Reading What Employers Should Know About President Trump’s AI Executive Order

Earlier this Fall, the Federal Trade Commission (the “Commission” or the “FTC”) officially ceded its fight to impose a nationwide ban on employee noncompete agreements (the “Noncompete Ban”).

Continue Reading FTC Signals Shift to Targeted Enforcement of Non-Competes in the Healthcare Industry

The Sunshine State just got brighter for Florida employers seeking to enforce non-compete agreements. On April 24, 2025, the Florida legislature passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “Act”). The Act—which took effect on July 1, 2025—significantly enhances the enforceability of both non-compete and garden leave agreements in Florida. As a result, Florida may now be the most non-compete friendly state in the nation.

Continue Reading Breaking Up Is Hard to Do: Florida’s New Non-Compete Law Shakes Up the Sunshine State

On July 4, 2025, H.R.1, or what is being called the One Big Beautiful Bill Act (“OBBBA”), was signed into law, introducing major reforms in tax and employee benefits that affect businesses and their employees. OBBBA is an expansive, omnibus legislative package that combines numerous, major policy proposals across a broad range of subject areas. The overarching purpose is ostensibly to cut spending by repealing or rolling back a significant number of wide-ranging provisions. OBBBA enacts new conservative policy priorities in taxation, spending, immigration, and social policy, and substantially modifies federal spending and certain entitlement programs.

Continue Reading What Employers Should Know About the One Big Beautiful Bill Act (OBBBA)

Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further complicated the Private Attorneys General Act (“PAGA”) landscape. In Leeper v. Shipt, Inc., 107 Cal.App.5th 1001 (2024), the California Court of Appeal (Second District) rejected the so-called “headless” PAGA theory and held that every PAGA action must include both an individual and a non-individual claim even if the plaintiff disavows their own claim, thereby preventing plaintiffs from using this strategy to avoid arbitration. A conflicting decision was issued by another appellate court (the Fourth District) in Rodriguez v. Packers Sanitation Servs. LTD., LLC, 109 Cal.App.5th 69 (2025), reh’g denied (Mar. 19, 2025). This disagreement between the two appellate decisions has led to considerable uncertainty for litigants facing pre-June 2024 PAGA lawsuits, with the California Supreme Court now stepping in to provide much needed guidance.

Continue Reading Will the California Supreme Court Put the Heads Back on Headless PAGA Suits?

As further implementation of the January 20, 2025 Executive Orders, DHS recently published an interim final rule regarding the requirement that certain non-citizens register with the U.S. Department of Homeland Security (DHS). The new rule went into effect on April 11, 2025.

Continue Reading What Do Employers Need to Know About the New DHS Alien Registration Requirement?

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to dismiss at the pleading stage. The matter, Barnett v. Inova Health Care Services, provides key insights and reminders for employers attempting to balance workplace policies with employees’ religious beliefs.

Continue Reading Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing regulatory guidance concerning the use of such technologies. The latest of these responses includes a fact sheet issued by the U.S. Equal Employment Opportunity Commission (EEOC) titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet provides guidance on how employers can use wearable technologies while maintaining compliance with various federal employment laws. More broadly, the fact sheet signals growing concern over the use of employee-monitoring technologies.

Continue Reading Wearable Technologies and Employment Risks – EEOC Issues New Guidance