Daniel Schudroff discusses what it would look like if the NLRB revisited the longstanding merger doctrine for matters involving how employee groups may be combined into larger representative structures in “NLRB Member’s Merger Doctrine Notes Open Path For Change,” published by Law360.Subscription may be required to view article
Archives for February 2026
Gender-Sensitive Language Was Not the Decisive Factor in Employee’s Invalid Termination, Hamburg LAG Rules
The Regional Labor Court of Hamburg (Landesarbeitsgericht (LAG)) (Ref. Nos. 1 SLa 18/25 and 1 SLa 19/25) has declared invalid two written warnings and an extraordinary termination issued against a radiation protection officer. The employee had refused to comply with her manager’s direction to revise a radiation protection instruction she
German Regional Labor Court Rules on Company Cars for Works Council Members
Providing company vehicles for private use is a widespread practice among employers. However, when such vehicles are made available to works council members in Germany, employers may want to pay particular attention to the prohibition of preferential treatment set forth in Section 78 sentence 2 of the German Works Constitution
UK: TUPE, Harmonisation and Indirect Discrimination Risk
UK: TUPE, Harmonisation and Indirect Discrimination Risk
For many businesses, outsourced services are part of the landscape, helping companies to manage costs and focus on key business areas. However, TUPE transfers arising from outsourcing and insourcing can still create challenges. A recent decision of the Employment Appeal Tribunal (EAT) in
Pay Transparency: Update for Employers in Germany
Pay transparency in the European Union is a pressing topic with far-reaching consequences for employers. Against the backdrop of expanded employee rights under the EU Pay Transparency Directive and the upcoming Equal Pay Day in Germany on February 27, 2026, recent German labor court decisions are receiving heightened attention.
Benjamin Garner, Former Federal Prosecutor, Strengthens Maynard Nexsen’s White Collar Defense Bench
Remote employees have quietly unlocked one major workplace perk: Getting paid 12% more than their in-office colleagues, Fed study finds
The biggest remote-work winners in France are already high-paid senior employees with good negotiation skills convincing their bosses to let them stay home, new research reveals.
Why Employment Design Is Becoming A Competitive Differentiator
In today’s volatile labor market, employment design is emerging as a competitive differentiator, shaping participation, performance and long-term talent sustainability.
Q1 2026 Labor Demand Review: Hot Spots Remain in a Cooling Market
An analysis of Lightcast job postings data found that while labor demand has fallen since 2022, the shifts have not been spread equally across all industries.
DOL Proposes Rule to Rescind 2024 Independent Contractor Standard
The U.S. Department of Labor has proposed rescinding its 2024 independent contractor rule and reinstating an economic reality test for worker classification.
USCIS Proposal Restricts Work Authorization for Asylum Seekers
USCIS proposed rule restricts work permits for asylum seekers, potentially barring many from working while claims are pending.
Ethics: My new employee refuses to do some parts of her job. Should I fire her?
Unless employees are covered by a union, you have the legal right to fire them if they refuse to do parts of their job.
AB 1940: Menopause May Be Included in FEHA’s Definition of “Sex”
California lawmakers recently introduced AB 1940 (Calderon), a bill that would explicitly add perimenopause, menopause, post-menopause, and related medical conditions to the definition of “sex” under the California Fair Employment and Housing Act (FEHA). Although FEHA
U.S. Department of Labor Proposes New(ish) Worker-Classification Standards
U.S. Department of Labor Proposes New(ish) Worker-Classification Standards
The U.S. Department of Labor (DOL) proposed a new rule, entitled the “Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act.” The proposed rule is designed to
AI Transcription and Note-Taking Technologies: Seven Points for Employers to Consider
AI Transcription and Note-Taking Technologies: Seven Points for Employers to Consider
Whether employers like it or not, artificial intelligence (AI) note-taking technologies have entered the workplace. In a 2025 survey of 1,000 professionals, one in five respondents stated they frequently used AI to draft notes during meetings.1 AI technologies not