NYC Expands Safe and Sick Time Requirements: What Employers Need to Know Before February 22, 2026

New York City employers just received another compliance deadline to add to their calendars. On February 22, 2026—120 days after enactment—amendments to the Earned Safe and Sick Time Act (ESSTA) will significantly expand employee leave rights. The amendments add new categories of permissible leave, impose frontloaded annual leave obligations, and continue employer reporting requirements. While the changes are still weeks away, employers should start reviewing their existing policies, handbooks, and payroll systems now to avoid compliance gaps.

Below is a breakdown of the most significant changes and their practical implications.

AI in Hiring: Emerging Legal Developments and Compliance Guidance for 2026

By Reeya Khuarana on November 20, 2025 Posted in Employment Counseling & Workplace Claims Prevention

AI isn’t just on the horizon—it’s already screening millions of resumes, scoring video interviews, and ranking candidates in HR systems across America. In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. As these tools become more prevalent, lawmakers, regulators, and attorneys are responding rapidly. The result is a legal landscape evolving faster than most compliance teams can track. For employers, staying informed isn’t optional—it’s essential. Here’s what to expect in the year ahead.

A Big, Beautiful Break: IRS Gives Employers Relief on 2025 Tip and Overtime Reporting

By Megan Coughlin and Erin Hines on November 18, 2025 Posted in Employee Benefits, Tax, Wage & Hour

Since the enactment of the “One Big Beautiful Bill Act” (OBBBA) on July 4, 2025, employers have awaited guidance on recordkeeping and reporting obligations related to the law’s “no tax on tips” and “no tax on overtime” deductions. The IRS has now announced that, for the 2025 tax year, employers will not be penalized for not separately reporting tips or overtime pay on tax forms, giving organizations time to adjust to these significant changes. While this transition relief eases immediate compliance concerns, new reporting requirements will take effect in 2026, and employers should use this period to review payroll systems and recordkeeping practices. Employers are also encouraged to help employees claim available deductions by providing information about their tips and overtime, and should stay alert for further IRS guidance as implementation continues.

Legal Boundaries of Workplace Expression: Lessons from the BLM Display Decision

By Ryan Krone, Amy Moor Gaylord and Thomas Y. Mandler on November 13, 2025 Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

Although employers cannot routinely rely on “special circumstances” to restrict employee expression in the workplace, a recent federal court decision confirmed that employees’ rights in this area are not unlimited. Specifically, the U.S. Court of Appeals for the Eighth Circuit recently vacated and remanded a 2024 NLRB decision that found a large hardware retailer violated federal labor law by banning a “Black Lives Matter” (BLM) insignia from a Minnesota store employee’s uniform following George Floyd’s death, relying upon the “special circumstances” exception.

Who Turned Out the Lights? The Impact of a Prolonged Government Shutdown on Private Employers

By Andrew C. Karter on October 30, 2025 Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Immigration Planning & Compliance, Labor Relations

We are several weeks into a federal government shutdown, which might be on pace to be the longest in U.S. history. Time will tell whether this shutdown is record-breaking. In the meantime, the impact on federal employees is plain; some are furloughed, while other essential workers are left to work without pay. But less obvious — though very real — is the ripple effect of a shutdown on private employers. Many administrative and even judicial matters may have come to a halt; however, employers should devise their own contingency plans and use this time to regroup and be ready for when the lights go back on.

Blanket Non-Competes Under Fire: What the FTC’s Gateway Action Means for Employers

By Ayelén Rodriguez on October 29, 2025 Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Non-Compete & Trade Secret Litigation

Recent years have seen dramatic federal regulatory and enforcement activity regarding employee non-compete agreements. Under the Biden administration, the Federal Trade Commission (FTC) adopted a sweeping rule to ban nearly all non-compete clauses nationwide, but that rule was struck down by a federal court in 2024. After this judicial setback, rather than defend the broad ban of non-competes, the FTC instead shifted to targeting specific non-compete agreements it considers unfair under Section 5 of the Federal Trade Commission Act (FTC Act), especially those that are overly broad or lack legitimate business justification.

Last month, the FTC issued a proposed consent order against Gateway Services, Inc. and Gateway US Holdings, Inc. (collectively, Gateway), addressing the companies’ use of non-compete agreements for employees in the United States. Gateway required nearly all employees — regardless of their role — to sign non-compete agreements barring them from working in the pet cremation industry nationwide for a year after leaving their employment with Gateway. Over 1,780 employees were affected, from executives to hourly workers. The FTC found these sweeping restrictions stifled competition and limited job opportunities, arguing that any legitimate business interests that Gateway had could be protected with less restrictive measures.

Zooming In On Return-to-Office Compliance: Key Legal Issues and Best Practices

By Ten Stallings on October 28, 2025 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention

As the effects of the pandemic continue to feel more and more like a distant memory, a sweeping “return-to-office” (RTO) trend is underway. Often motivated by collaboration goals and productivity gains for bringing staff back on-site, RTO mandates may cause employers to wrestle with complex legal compliance issues during the transition, and spark employee morale and retention concerns. While the below offers general insights on key legal considerations and best practices, employers should consider consulting counsel for assistance with juggling business objectives in one hand and compliance obligations and employee expectations in the other, to ensure a smooth RTO transition.

New $100,000 H-1B Fee Update: What U.S. Employers Need to Know Now

By Denise Gavica Perez and Andres Urdaneta Brylkin on October 22, 2025 Posted in Immigration Planning & Compliance, Uncategorized

On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) released further guidance clarifying the implementation of the new $100,000 H-1B fee established under the recent Presidential Proclamation. Below is a summary of the key provisions and practical implications based on the agency’s announcement.

What Non-Union Employers Need to Understand About Labor Law

By Thomas Y. Mandler and Amy Moor Gaylord on September 25, 2025 Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

Non-union private sector employers cannot ignore labor law just because their employees are not represented by a union. Non-union private sector employers must fully comply with labor law developments because all of their employees are protected by the National Labor Relations Act (Act), even in the absence of union representation. As a result, non-union private sector employers must monitor decisions issued by the National Labor Relations Board (NLRB), which is the federal agency that interprets the Act.

NLRB developments through the years generally swing back and forth, depending on whether there is a Democrat or a Republican in the White House. This swinging pendulum creates a lack of precedent and stability for employers to rely on. Employers anticipating more favorable decisions with the change in the White House will have to wait; currently without enough members to constitute a quorum, the NLRB cannot issue any decisions.

Presidential Proclamation on H-1B Nonimmigrant Visas – Applicability, Exemptions & Next Steps for U.S. Employers

By Denise Gavica Perez on September 20, 2025 Posted in Immigration Planning & Compliance

This past Friday, President Donald J. Trump signed a sweeping Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This latest executive action introduces major restrictions on the H-1B visa program, specifically targeting employers filing petitions for workers who are currently outside the United States.

The most impactful change? A $100,000 fee per H-1B Petition required at the time of filing with USCIS unless an exemption is granted by the Secretary of Homeland Security. The Proclamation went into effect on Sunday, September 21, 2025, at 12:01 a.m. EDT and is set to remain in place for 12 months, unless extended or rescinded. This order is issued under Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), which give the President broad authority to restrict entry of foreign nationals if deemed contrary to U.S. interests.