Insights on Labor, Employment & OSHA
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ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”
The National Labor Relations Board (NLRB) may be on the cusp of a policy realignment.
On June 29, the Equal Employment Opportunity Commission (EEOC) voted to rescind decades-old guidance on affirmance action. In so voting, the EEOC took the position that the documents ran afoul of Title VII’s text as well as case law that has developed in the intervening years since the guidance was published.
ArentFox Schiff is pleased to announce that 23 practices and 81 attorneys have been recognized by The Legal 500 United States 2026 guide.
The US House of Representatives has passed the Faster Labor Contracts Act (H.R. 5408) (FLCA), a bill that would fundamentally reshape how employers negotiate first collective bargaining agreements with newly certified unions.
ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.
On May 1, the Connecticut legislature approved Senate Bill 5 (SB 5), an Act Concerning Online Safety, which Governor Ned Lamont has indicated he intends to sign.
A $4.7 million jury verdict against Wayfair underscores the risks employers in Massachusetts face when handling employees’ return from paid leave.
On April 22, Virginia enacted a new paid family and medical leave (PFML) insurance program after Governor Abigail Spanberger’s proposed amendments to Senate Bill 2 and House Bill 1207 were adopted by the General Assembly.
On March 26, President Trump signed a new executive order (EO) imposing mandatory anti-diversity, equity, and inclusion (DEI) clauses in all federal contracts and subcontracts, with key compliance deadlines beginning as early as April 25.
Historically, menopause has not been specifically identified as a protected medical condition under state and federal law, even though its related symptoms in many cases are medical conditions covered by existing leave and accommodation laws. That is rapidly changing.
California employers can breathe a sigh of relief. On March 17, the Fifth District Court of Appeal issued a significant, published decision in Ayala-Ventura v. Superior Court that is likely to maintain enforceability of employee arbitration agreements in the state.
As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.
As we approach the close of the first quarter of 2026, our Labor, Employment & OSHA team highlights some of the leading legal developments and issues that employers face, including the reshaping of the National Labor Relations Board (NLRB); artificial intelligence (AI) regulation at the state level; continuing expansion of state paid family and medical leave laws; challenges to diversity, equity, and inclusion (DEI) in the workplace; and changes to the Equal Employment Opportunity Commission’s (EEOC) guidance and enforcement.
The cannabis industry’s rapid expansion presents significant workplace safety challenges that operators must address proactively.
The Federal Trade Commission (FTC) held a workshop on January 27, entitled, “Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements.”
On January 22, in a 2-1 vote, the US Equal Employment Opportunity Commission (EEOC) rescinded its 2024 Enforcement Guidance on Harassment in the Workplace, including portions addressing gender identity and LGBTQ+ issues.
Amid the flurry of employment laws signed by Governor Gavin Newsom in October 2025, Senate Bill No. 294 creates the Workplace Know Your Rights Act.
As 2026 begins, nonprofit and association leaders face a legal landscape defined by heightened scrutiny, uneven funding conditions, rapid technological change, and continued uncertainty in policy direction.
ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.
New York City employers should prepare to comply with additional changes to the Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act (TSCA).
Massachusetts Federal District Judge Indira Talwani recently issued a decision in the case of Serebrennikov v. Proxet Group LLC, holding that an internationally based employee has standing to bring a claim under the Massachusetts Wage Act.
The last legislative session in California brought with it a wave of changes to California employment law.
Join ArentFox Schiff’s Rob Carrol, Lynn Fiorentino, Morgan Forsey, Jeffrey Weston, Brett Young, Sai Paspulati, and Alex Rafuse, for a program tailored to employers with California operations. This session will translate rapidly evolving legal developments into practical guidance you can apply to hiring, pay practices, compliance programs, risk mitigation, and employee communications heading into 2026.
The Massachusetts Noncompetition Agreement Act (MNAA) took effect in October 2018, imposing certain statutory requirements for noncompete provisions to be enforceable. When the statute became law, many eagerly awaited case law guidance on how to interpret some of the murkier requirements.