On November 21, 2025, the California Court of Appeal issued important guidance confirming that religious employers are not categorically exempt from wage and hour obligations under state law. In Lorenzo v. San Francisco Zen Center, the court addressed whether the First Amendment’s ministerial exception—a doctrine barring judicial intervention in certain employment disputes involving religious organizations—precludes wage claims brought by ministers. Significantly, the court held that California’s wage and hour statutes apply to religious staff engaged in commercial activities, absent specific evidence that enforcing these laws would infringe upon core religious governance or doctrine.
Continue Reading No Blanket Immunity Under the “Ministerial Exemption” for Religious Employers Under California Wage and Hour Law—Insights from Lorenzo v. San Francisco Zen Center

Beginning January 1, 2026, Illinois employers will face expanded obligations as a result of amendments to the Illinois Workplace Transparency Act (“IWTA” or “Act”) following the enactment of House Bill 3638. The amendments, which Governor JB Pritzker signed into law on August 15, 2025, significantly broaden protections for employees and impose new requirements and restrictions on settlement and termination agreements. These amendments apply to any employment contract entered into, modified, or extended on or after January 1, 2026, with the exception of collective bargaining agreements covered by federal or Illinois public labor statutes. The most impactful amendments to the IWTA…
Continue Reading Expanded Employer Obligations Under the Illinois Workplace Transparency Act Effective January 1, 2026

On December 18, 2025, the Senate confirmed President Trump’s three nominees to the National Labor Relations Board (“NLRB” or the “Board”). The confirmation restores quorum for the NLRB, which was lacking for nearly an entire year. Without a quorum, the Board was unable to perform the majority of its functions, including issuing decisions.
Continue Reading NLRB Regains Quorum, Trump Nominees Confirmed By Senate

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

On September 10, 2025, Representative Kevin Hern (OK-01), together with Democrat co-lead Representative Don Davis (NC-01), introduced the American Franchise Act (H.R. 5267, hereinafter “AFA”). The AFA is designed to provide consistency and clarity on when a franchisor may be considered a “joint employer” of a franchisee’s employees under the National Labor Relations Act (“NLRA” or the “Act”). Aimed at curtailing joint employer liability and stopping the see-saw rulemaking that has plagued the National Labor Relations Board (“Board”) in recent years, this legislation would potentially govern the rights of approximately five percent of all workers in the United States, or…
Continue Reading Congress Introduces the “American Franchise Act” to Clarify Joint Employer Liability

Delaware Courts Continue to Scrutinize Noncompete Agreements

As previously reported (here, here and here), courts in Delaware, the once favored “employer-friendly” jurisdiction, have increasingly scrutinized and refused to enforce noncompete agreements. In recent cases, Delaware courts have continued this trend, this time focusing on forfeiture-upon-competition provisions in equity or profit incentive agreements that also include affirmative restrictive covenants. Two of these cases are Delaware Chancery Court noncompete cases. Following on the heels of the Delaware Supreme Court’s affirmation of the employee choice doctrine, three trial courts have held that forfeiture of equity results in a failure…
Continue Reading Delaware Courts Limit Noncompete Enforcement in Incentive Plans

The New York City Earned Safe and Sick Time Act (“ESSTA”) is expanding. On October 25, 2025, the ESSTA was amended to provide additional benefits to employees. These amendments go into effect on February 22, 2026, and will require covered New York City employers to adjust practices and leave policies in several key areas, including: (i) employers must grant an additional 32 hours of unpaid leave to new employees upon hire and to all employees at the beginning of each benefit year; and (ii) employers must comply with a broader range of reasons for which employees can use time under ESSTA.
Continue Reading New York City Expands Sick Time Law

On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain Foothills Apartments LLC (9th Cir. Oct. 28, 2025).
Continue Reading Ninth Circuit Upholds NLRB Authority and Structure – Creating Split with Fifth Circuit

The 2024–2025 California legislative session came to an official close at midnight on October 13, 2025, when Governor Newsom’s deadline to sign or veto bills passed by the Legislature expired. Of the approximately 917 bills passed by the Legislature, the Governor signed 794 bills into law and vetoed 123 bills. The bills signed into law include several new employment-related laws for California employers.
Continue Reading California’s 2024-2025 Legislative Session Closes with a Host of New Employment Laws for 2026

On August 15, 2025, Illinois Governor J.B. Pritzker signed Senate Bill 2487 into law, amending the Illinois Human Rights Act (“IHRA”), 775 ILCS 5/7A-102. Among other reforms going into effect on January 1, 2026, the legislation fundamentally changes how the Illinois Department of Human Rights (“IDHR” or the “Department”) processes charges of discrimination.
Continue Reading Illinois Department of Human Rights Eliminates Fact-Finding Conferences: What It Means for Charges of Discrimination

Hot flashes at work? Rhode Island says: let’s cool things down. In a historic move, the Ocean State has become the first in the nation to mandate workplace accommodations for menopause and related conditions. Yes, you read that right—menopause is now officially protected under state employment law.
Continue Reading “It’s Getting Hot in Here” – Rhode Island’s New Workplace Accommodations for Menopause

The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution.
Continue Reading NLRB Challenges California’s AB 288 as Preempted by Federal Law

On October 13, 2025, Governor Gavin Newsom enacted Assembly Bill No. 692 (AB 692), effectively adding Section 16608 to the Business and Professions Code and Section 926 to the Labor Code.
Continue Reading California AB 692: New Employment Contract Restrictions Effective 2026