On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its “Enforcement Guidance on Harassment in the Workplace” (“Harassment Guidance”) adopted on April 29, 2024. HISTORY The Harassment Guidance was the EEOC’s attempt to clarify (for the first time since the 1990’s) the types of prohibited harassment against protected classes. The Harassment Guidance covered traditionally-recognized protected classifications such as race, religion, national origin, age, color, disability, and pregnancy, and also addressed gender identity and sex-based harassment and specifically incorporated the United States Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, which prohibited employers from making hiring… Read more
The start of a new year is a natural time to take stock—of your priorities, your family, and the plans you have in place to protect what matters most. While estate planning is often viewed as something to “get to later,” the new year presents an ideal opportunity to review, update, or put foundational documents in place with intention and clarity. Even well-crafted estate plans benefit from regular check-ins. Life changes—marriages, divorces, births, deaths, career shifts, business growth, or relocations—can quietly render existing documents outdated or incomplete. A brief review now can help ensure your plan still reflects your goals… Read more
H-1B Cap Season Preview: What Employers Need to Know for FY 2027 The fiscal year (FY) 2027 H-1B cap lottery registration period is expected to open in early March 2026 and close in mid-March. After the registration window closes, U.S. Citizenship and Immigration Services (USCIS) will conduct the lottery and allocate H-1B numbers for qualifying specialty occupation positions. Each year, 85,000 H-1B numbers are available, including 20,000 reserved for individuals with a U.S. master’s degree or higher. Because demand continues to far exceed supply, USCIS uses a lottery system to determine which registrations may proceed to filing. This upcoming cap… Read more
In due recenti decisioni, la Corte d’Appello di New York ha stabilito che una società a responsabilità limitata (“LLC”) che non firma il proprio accordo operativo (Operating Agreement) non è vincolata dai termini di tale accordo; solo i suoi membri firmatari sono vincolati. Questa sentenza apre la porta a una dinamica indesiderata in cui i membri della LLC possono essere vincolati ai diritti e agli obblighi negoziati con cui intendevano governare la LLC, ma la LLC non lo è. The Operating Agremeent of an LLC è generalmente accettato come il documento fondamentale di qualsiasi LLC, che stabilisce le modalità di… Read more
Group health plan sponsors should calendar February 16, 2026, as the compliance deadline for updating the plan’s HIPAA Notice of Privacy Practices (“NPP”) to reflect the special rules that apply to substance use disorder (“SUD”) treatment records. Plan sponsors who previously made updates to the plan’s NPP, or other HIPAA compliance materials, to reflect the now vacated rules related to reproductive health information will also need to update those materials to remove those changes, if they have not already done so. NPP Updates for Substance Use Disorder Treatment Records February 16, 2026, is the deadline for HIPAA-covered group health plans… Read more
Holidays are a time for celebration, with employers often hosting annual holiday parties, catering office luncheons, or distributing end-of-year gifts and bonuses. However, these times of celebration can often become potential liabilities if employers are not careful. Office Parties Office holiday parties are often some of the most looked forward to events of the year by employees, but if organized incorrectly, they raise the most concerns for potential employer liability. Attendance Employers should state in writing, well in advance, that event attendance is voluntary to avoid potential wage and hour liability under the Fair Labor Standards Act (“FLSA”) or any… Read more
Effective: January 1, 2026 The IRS has released the 2026 cost-of-living adjustments applicable to the dollar limitations on benefits and contributions of retirement plans and health and welfare benefit plans. We recommend plan sponsors update their systems and formulas to include the limits that have been adjusted. We note that the IRS guidance increases the amount of compensation used to determine which high earner employees will be required to make catch-up contributions as Roth contributions during 2026. Specifically, this amount increased from $145,000 to $150,000 during 2025. This means employees who have more than $150,000 of FICA wages during 2025 will… Read more
By Scott Cahalan and Samatha Caldwell On September 30, 2025, the Supreme Court of Georgia issued a decision that should serve as a cautionary tale for contract drafters. Citing precedent dating back to 1896, the Court held that contracts for continuous performance of indefinite duration are terminable at will by either party upon notice. The contracts at issue-right of way contracts-stated they would remain in effect until the parties formed a new agreement. The contracts did not specify a fixed duration or end date. The Court determined they were of indefinite duration and, therefore, terminable at will because they required continuous performance… Read more
White House communications, along with USCIS and CBP memos issued on September 20, 2025, indicate that the $100,000 fee established under the recent Presidential Proclamation will apply only to new H-1B petitions filed on or after the Proclamation’s effective date of September 21, 2025. The U.S. Department of State has likewise confirmed that the Proclamation’s restrictions on visa issuance and entry apply solely to individuals seeking visas or admission based on H-1B petitions filed with USCIS after that date. Key Takeaways Approved H-1B holders in the U.S.: Individuals currently in the United States with approved H-1B petitions should continue to… Read more
On September 9, 2025, the Eleventh Circuit Court of Appeals issued its much-anticipated opinion in Lange v. Houston County, holding that a health plan’s exclusion for gender affirming surgery does not violate Title VII of the Civil Rights Act of 1964 (“Title VII”) for discrimination on the basis of sex. Background Anna Lange, a transgender woman and deputy at the Houston County, Georgia Sheriff’s Office, challenged her health plan’s coverage exclusion for drugs, services, and supplies for gender reassignment surgery. She alleged the coverage exclusion violated Title VII because it was facially discriminatory on the basis of sex. Title VII… Read more
