On February 26, 2026, the National Labor Relations Board (“NLRB” or the “Board”) published a final rule formally withdrawing its 2023 joint employer regulation and reinstating the narrower 2020 standard for determining joint employer status under the National Labor Relations Act (“NLRA”).
Under the reinstated 2020 rule, joint employer status only will be found where “two employers share or codetermine the employees’ essential terms and conditions of employment.”… Continue Reading
On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to employee classification under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).… Continue Reading
Two cases involving challenges to the Trump Administration’s Executive Orders on Diversity, Equity, and Inclusion (DEI) are making waves in the federal appellate courts—each raising fundamental questions about the scope and legality of the Administration’s policy direction.
Fourth Circuit: Lifted Injunction
On February 6, 2026, the Fourth Circuit Court of Appeals reversed a district court injunction that had blocked enforcement of President Trump’s Executive Orders targeting DEI in federal funding.… Continue Reading
On February 6, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Notice announcing new minimum wage rates for workers performing work on or in connection with federal contracts covered by the 2014 Obama-era Executive Order 13658, which established a minimum wage for federal contractors and subcontractors. Effective May 11, 2026, the minimum wage for certain federal contracts will be $13.65 per hour for regular employees and $9.55 per hour for tipped employees.… Continue Reading
Oregon rang in the New Year with changes to regulations governing Paid Leave Oregon (PLO). The Oregon Employment Department (OED) issued modestly revised regulations (Rules) addressing a wide range of issues, including notice for intermittent leave, limitations on leave taken before the adoption or foster placement of a child, employer equivalent plans, PLO benefits and contributions, and appeals.… Continue Reading
Recent news about U.S. Immigration and Customs Enforcement (ICE) in several parts of the United States, including major events in Minneapolis, have encouraged U.S. businesses and organizations to review their compliance and enforcement protocols. Attorneys in Ballard Spahr’s Immigration, Labor and Employment, and White Collar Defense and Investigation Groups have published guidance throughout the year regarding compliance.… Continue Reading
Like Katherine Heigl’s character in the 2008 film “27 Dresses,” employers in 2026 may run into an equally-numbered—albeit less quirky—quandary this year: a potential for 27 pay periods. And just as Heigl’s character ultimately found true love, employers can use this helpful guide to find payroll love before Valentines Day.
Why 27 Pay Periods Occur. … Continue Reading
Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events.
Key features of the law include:
The New York City Council recently voted to override the veto of Mayor Eric Adams and pass two laws aimed at increasing pay equity and transparency. These laws amend the administrative code of the City of New York and will require private employers with 200 or more employees in the City to annually report certain workforce demographic data to the City. … Continue Reading
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading