Compliance Stuff

California employers can now get a first look at the state’s key workplace-related legislative proposals in 2026. The state’s deadline for introducing new legislation in the current session was February 20, and lawmakers introduced nearly 1,800 bills – including many that cover significant labor and employment issues you’ll want to know about. Catch a teaser below and  register  for our upcoming  California Legislative Preview 2026  webinar on March 13 to get the full scoop. Table of Contents Antidiscrimination Protections Artificial Intelligence + Workplace Surveillance Employee Leaves and Accommodations Immigration Privacy and Cyber Wage and Hour Workplace Safety Antidiscrimination Protections Expansion of Ban-the-Box Requirements ( AB 2095 ).  In addition to  existing requirements under California’s Fair Chance Act , employers would be prohibited from refusing to hire an applicant or taking other adverse action solely or in part because of the individual...

This month’s  Friday Five  covers recent decisions on credibility pertaining to long COVID symptoms, weighing of disability evidence, overpayment accounting, preemption of state law claims, and a motion to compel discovery on financial incentives and other information. District of Vermont grants insurer’s motion for judgment on the record in long COVID case finding the plaintiff was not credible.   Plaintiff was terminated from his engineering position because “his engagement ended with his client.”   He submitted a claim for short-term disability (“STD”) and long-term disability (“LTD”) benefits, alleging inability to work due to symptoms of long COVID that pre-dated his termination .  The District of Vermont did not reach the question of whether the  de novo  or arbitrary and capricious standard applied because it found the plaintiff’s claim did not survive even under the broader  de novo  standard, due in part to the plaintiff’s lack ...

As we have  written previously , contractors must act fast to file a bid protest if they lose a contract award for improper reasons . But what should a contractor do when it wins the award and another competitor files a bid protest? It should immediately intervene in the protest to defend its award. What is Intervention in a Bid Protest and Why Should the Awardee Intervene? When a protest is filed at the Court of Federal Claims (“COFC”) or the Government Accountability Office (“GAO”), the contract awardee can intervene and become a party to that protest to help the Government defend the contract award. Instead of just relying on the Government to raise all the relevant arguments, the awardee can itself raise arguments on its own behalf that support and supplement the Government’s arguments. Every contract awardee should intervene to protect its award. Primary reasons for intervention. Several important reasons exist for the contract awardee to intervene in a protest, including the ...

On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the  Flexible Leave Act  (H.R. 7505), proposing notable updates to the Family and Medical Leave Act (29 U.S.C. 2612 (b)) (“FMLA”). Aimed at making job-protected leave more accessible for today’s workforce , the  Flexible Leave Act  would remove (1) employer consent for intermittent leave and (2) medical certification requirements. In its current form, the FMLA requires that employees secure employer approval for intermittent leave for planned treatments or to manage conditions. Under the  Flexible Leave Act , intermittent leave can be taken as needed , without employer consent. The proposal further seeks to remove the requirement to furnish medical certifications to substantiate serious health conditions or family-care needs. Employees taking qualifying FMLA leave would continue to receive job restoration to the same or ...

A bill that has advanced to the Arizona Senate would allow employees to seek damages and injunctive relief against employers that violate state or federal laws prohibiting diversity, equity, and inclusion (DEI) “policies” and “concepts.” If passed and not vetoed, this legislation could increase uncertainty and liability for employers with programs and practices that could be labeled as unlawful DEI policies. 0:00 7:23 Quick Hits Arizona House Bill 2135 proposes a private right of action allowing employees to seek statutory damages against employers for violating DEI policies. The legislation could expose employers to significant liability, with minimum damages set at $100,000, amid growing federal scrutiny of lawful DEI initiatives. It is unclear at this time whether it will be passed and signed into law by the governor. Arizona House Bill (HB) 2135, titled “ Prohibited Diversity, Equity and Inclusion Policies ,” would create a private right of action under Arizona law against covered...