In the Spotlight
In the Spotlight
Regularly showcasing one of the Squire Patton Boggs latest employment law resources that support global employment counsel and senior HR leaders. Please also check out our knowledge hub for details of our latest blogs, insights and events.
May 2026
UK
Employment Rights Act 2025 – What’s Keeping Businesses Awake at Night?
Recently we were catching up with some clients in our London office and discussing the potential implications of the Employment Rights Act (ERA) 2025. What became clear from our conversations was that many businesses are grappling with similar issues as they prepare for implementation of this very significant new piece of employment legislation.
Europe
ECJ ruling on data subject access requests: Some welcome relief for European employers, or not quite yet? (Part I)
In response to questions formulated by the German Amtsgericht of Arnsberg, the ECJ ruled that a first DSAR may be regarded as ‘excessive’, within the meaning of Article 12(5) GDPR, where the data controller demonstrates that, despite formal observance of the conditions governing DSARs, the request was made by the data subject:
- not for the purpose of being aware of the processing of their data and verifying the lawfulness of that processing in order to be able, subsequently, to obtain protection of their rights under the GDPR (right to rectification, right to erasure or right to restriction of processing, right to object and right of action where the data subject suffers damage),
- but instead with an abusive intention, such as that of artificially creating the conditions laid down for obtaining an advantage from the GDPR.
ECJ ruling on data subject access requests: Some welcome relief for European employers, or not quite yet? (Part II)
Following on from our blog earlier in the week concerning the ECJ’s recent decision on data subject access requests (DSARs), we take a brief look at different European countries and the role that DSARs have come to play in these jurisdictions.
Belgium
In Belgium, DSARs are on the rise as a means of collecting information in preparation for a potential claim for unreasonable or discriminatory termination, or simply to put pressure on the employer to come to an agreement after termination, but this trend remains fairly modest and employers are certainly not being flooded with requests.
The Belgian Data Protection Authority has already had to rule on the excessive nature of (successive) requests, but it is generally quite accepting in this regard. Conversely, it is strict on employers: a request may be deemed excessive only if the aim is to harm the employer’s interests. The mere multitude of requests or the conflictual relationship between employer and (former) employee is not sufficient to refuse a request.
US
Is Adjustment of Status Still a Viable Green Card Path? (US)
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that materially reshapes the agency’s approach to adjustment of status (AOS), the process by which many foreign nationals apply for a green card from within the United States. Although presented as a reaffirmation of existing law, the memorandum directs immigration officers to treat AOS as a “matter of discretion” and “administrative grace” that should be used only as “extraordinary relief.” This unexpected change marks a stark departure from decades of uneventful AOS adjudications and creates significant changes for hundreds of thousands of current and future green card applicants unable to presume that completing the green card process from within the United States remains the default option.
Fifth Circuit Says Telework is Not A Presumptively Reasonable Accommodation (US)
Since the COVID-19 pandemic forced many employees to temporarily work from home, employers have struggled to bring those remote employees back to the office. Since the return to business as (almost) usual, many employees have asked to extend their flexible teleworking arrangements, sometimes by requesting remote work as a disability accommodation. Those employees would do well to heed a recent Fifth Circuit decision, Hayes v. GStek, Inc., No. 25-30392 (5th Cir. May 8, 2026), which warns that “[t]he COVID pandemic did not change the reality that in-person work is presumed to be an essential function of most jobs.”
Another Blow to Mandatory Arbitration: Supreme Court Further Expands Transportation Worker Exemption Under the Federal Arbitration Act to “Last-Mile” Drivers (US)
Squire Patton Boggs’ Summer Associate Addyson Fry discusses a recent United States Supreme Court decision addressing the exemption under the Federal Arbitration Act applicable to transportation workers engaged in interstate commerce.
For decades, employers have relied on arbitration agreements to manage workplace disputes efficiently and predictably. But recent United States Supreme Court decisions have steadily narrowed when those agreements can be enforced under the Federal Arbitration Act (“FAA”).
APAC
Working from home or hardly working? When WFH corner-cutting becomes misconduct
The Fair Work Commission (FWC, or Commission) recently confirmed that an employee who falsified timesheets while working from home was not unfairly dismissed in Mr Neeraj Kumar v Hansen Corporation Pty Ltd [2026] FWC 519. The decision highlights the importance of remote-work accountability, appropriate workplace monitoring and procedural fairness.
Webinars / Recordings / Podcasts
US Labor & Employment Webinar Series: Key States Update
Watch the first webinar in our 2026 US labour & employment webinar series. This webinar provides an overview of recent and upcoming employment law developments across California, New York, Illinois and Colorado. With multiple regulatory and statutory changes taking effect across these states, the session is designed to help employers understand what is currently in effect, what changes are on the horizon and key considerations for maintaining compliance.
Labour and Employment UK Webinar Recording: Managing Senior Exits
In this webinar we explore the key legal, practical, regulatory and tactical issues for employers to consider when seeking to dismiss senior employees/high earners going forward.
We cover:
- The ERA 2025 – A reminder of the unfair dismissal changes and how these will impact senior exits.
- What steps can employers take to mitigate the impact of the changes to the unfair dismissal regime?
- Tips and tactics for dismissing senior employees under the new unfair dismissal regime, including the strategic and practical points to consider when managing exits from the business.
- Potential pitfalls and how to avoid them.
US Labor & Employment Webinar Series: AI in the Workplace
This webinar explored how AI is reshaping the employment law and workplace landscape. As AI tools became more integrated into hiring, performance management and workplace decision-making, regulators moved quickly to establish new compliance requirements and define the boundaries of permissible use.
The program provided an overview of the rapidly evolving legal landscape governing the use of AI in the workplace, including recent legislative and regulatory developments, as well as key enforcement trends. It also discussed how employers and companies were using these tools in practice, where the biggest risks tended to arise and the practical steps organizations could take to limit liability.
US Labor & Employment Webinar Series: Restrictive Covenants Update
Watch the second webinar in our 2026 US labour & employment webinar series. This webinar provides an in-depth look at one of the most closely watched areas of employment law today: Restrictive Covenants. With significant developments unfolding at both the federal and state levels, the session explores what’s changing and how these shifts may affect organizations
US Labor & Employment Webinar Series: Best Practices on Internal Investigations
This webinar explored best practices for conducting internal employee investigations. For in-house counsel, understanding how to conduct and manage internal investigations is critical. These investigations can profoundly influence an organization’s litigation exposure, regulatory scrutiny, employee morale and overall reputation. As workplace issues become more complex and expectations for transparency and fairness continue to rise, organizations need clear, consistent and defensible investigation processes.
Neurodiversity in the workplace: Unintended consequences of the Employment Rights Act in hiring practices
In light of the significant reforms under the Employment Rights Act 2025, employers are being advised to take a more cautious approach to recruitment, as the new six-month qualifying period for ordinary unfair claims places far more emphasis on employing the “right” individuals to start with.
Webinar Series: Employment law fundamentals – Getting it right in Australia!
11 June 2026 | 5:30 – 6:30 p.m. AEST | 3:30 – 4:30 p.m. AWST | 8:30 – 9:30 a.m. GST | Webinar
Are you:
- An international business with a workforce in Australia?
- Responsible for people management in Australia, or do you remotely provide people management support from overseas?
- An HR professional in Australia looking for a refresher?
- A newcomer to the HR profession seeking a deeper understanding of relevant legal issues?
Our Australian Labour & Employment team will deliver a two-part webinar series, designed to equip you with practical knowledge to navigate the complex and heavily regulated Australian employment law landscape.
Labour & Employment UK Webinar Programme 2026: Changing Terms and Conditions of Employment
17 June 2026 | Noon – 1 p.m. BST | Webinar
Whether your business is looking to make a discrete change to employees’ contracts of employment, or varying terms and conditions as part of a wider reorganisation exercise, the way in which you approach the task is vital.
We will cover:
- Changing terms and conditions – what are the options?
- The ERA 2025 – how will this impact employers’ ability to change terms and conditions of employment?
- Tips and tactics for making changes once the ERA 2025 provisions come into force, including practical steps that employers can take now to mitigate the impact of the new regime.
- Potential pitfalls and how to avoid them.
Webinar Series: Employment law fundamentals – Getting it right in Australia!
18 June 2026 | 5:30 – 6:30 p.m. AEST | 3:30 – 4:30 p.m. AWST | 8:30 – 9:30 a.m. GST | Webinar
Are you:
- An international business with a workforce in Australia?
- Responsible for people management in Australia, or do you remotely provide people management support from overseas?
- An HR professional in Australia looking for a refresher?
- A newcomer to the HR profession seeking a deeper understanding of relevant legal issues?
Our Australian Labour & Employment team will deliver a two-part webinar series, designed to equip you with practical knowledge to navigate the complex and heavily regulated Australian employment law landscape.
Labour & Employment UK webinar programme 2026: The new Fair Work Agency – Implications for employers
8 July 2026 | Noon – 12:45 p.m. BST | Webinar
The new single state enforcement body, the Fair Work Agency (FWA), is up and running! It was established under the Employment Rights Act (ERA) 2025 and officially launched on 7 April 2026.
The FWA will bring together a range of state enforcement functions under one roof and will in time cover new areas such as holiday pay, as well as existing areas such as National Minimum Wage/Living Wage. Once the agency is fully operational, it will have extensive powers to inspect workplaces, investigate breaches, impose labour market enforcement orders and even bring Employment Tribunal proceedings on behalf of workers.
April 2026
UK
UK Employment Law – What’s Coming Into Force in April?
April is a busy month on the legislative front, as a number of the changes contained in the Employment Rights Act 2025 will come into force, as well as the usual annual uplifts, etc.
Employment Rights Act 2025 Round-up: Trade Unions, TUPE and Transition to the Fair Work Agency
In our Employment Rights Act (ERA) 2025 April round-up, we provide details on the following recent developments.
New Statutory Right for Trade Unions to Access Workplaces
Earlier this month the government issued a response to its consultation on the new statutory right for trade unions to access workplaces, which is due to come into force in October 2026. The response provides the government’s final policy position on matters such as how trade unions should request access, how employers should respond, the factors the Central Arbitration Committee (CAC) should consider when determining whether access should be granted and how enforcement mechanisms, including penalty fines, should operate in cases of noncompliance.
The Employment Rights Act 2025 – Checklist for October 2026
Take a look at our October 2026 Checklist, which sets out the key Employment Rights Act (ERA) changes that are expected to come into force this October, as well as the practical steps that employers should be taking now to prepare.
Topics Covered
- New obligation on employers in relation to sexual harassment in the workplace and harassment by third parties
- The duty to inform workers of their right to join a trade union
- The right of trade unions to access the workplace
- Additional trade union changes
- Tipping – new requirements on tipping policies
- Procurement – two-tier code
- Extension of employment tribunal time limits
UK Business Immigration – Home Office quietly indicates extension of right to work checks to take effect from 1 October 2026
The Home Office has issued a consultation on a draft Code of practice for employers on avoiding unlawful discrimination while preventing illegal working. The draft Code is not materially different from the current version (last updated in 2022) except in relation to one key area (which we expand on below). In our view, many employers already have a good grasp of the Code’s principal aim of avoiding unlawful discrimination against candidates and employees when carrying out right to work checks.
Europe
Implementation of the EU Pay Transparency Directive – The Latest Position
With less than three months to go until the Pay Transparency Directive comes into force, we are starting to see more EU member states take steps to prepare for its implementation. Progress is, however, still slow. This is not a reason for employers not to take action! We would continue to urge affected companies to be taking steps now to comply with the requirements of the Directive. It seems that, as was the case with the Whistleblowing Directive, many member states will be issuing draft legislation late in the day. This makes things very difficult for employers, but as the minimum requirements of the Directive are clear, employers should be using these as the framework for their preparations.
US
Federal Contractors Must Include a Mandatory Compliance Clause to Address DEI Discrimination in Their Supply Chain Based on New Executive Order
On March 26, 2026, President Donald Trump signed Executive Order 14398 “Addressing DEI Discrimination by Federal Contractors”1 (the “EO”) directing federal agencies to include mandatory anti-diversity, equity and inclusion (DEI) compliance clauses in all government contracts by April 25, 2026.
Federal contractors and their subcontractors that engage in “racially discriminatory DEI activities” now face contract suspension, termination, debarment and potential False Claims Act liability. As the deadline approaches, it is important for contractors and subcontractors to take immediate measures to ensure they have a compliant supply chain.
US State Law Roundup
State and local legislatures were active throughout the first quarter of 2026 in passing employment laws and ordinances concerning topics such as youth employment, workplace electronic monitoring, and noncompete agreements, to name a few.
As always, our team will continue to monitor these and other state employment law developments. If you have questions or need guidance, please reach out to your SPB contact for more information or assistance with compliance.
California’s Labor and Workforce Development Agency’s Proposed PAGA Regulations: What Employers Need to Know (US)
On February 6, 2026, the California Labor and Workforce Development Agency (LWDA) issued a Notice of Proposed Rulemaking to implement and further address the 2024 amendments to California’s Private Attorneys General Act (PAGA). These proposed regulations represent the next phase of reform and are intended, as the LWDA explains, to “make more transparent and effective the administrative requirements and procedures under PAGA” and to provide “better guidance and clarity to employees and employers concerning their respective rights and obligations.”
Pet Leave on the Horizon? What Employers Should Know (US)
In recent years workplace leave policies and related legal frameworks have expanded to address a broader range of employee needs, including bereavement, pregnancy loss and paid family leave.
Against this backdrop, legislators also are increasingly recognizing the personal and emotional significance of companion animals. As that recognition continues to expand, employers may be seeing early signs of a broader legal shift extending into the workplace, reflected in emerging proposals for pet care and pet bereavement leave laws.
Webinars / Recordings / Podcasts
Key Legal Updates for Employers: Join Us for Our May Webinar Series
6 May | 13 May | 20 May | 27 May | Noon – 1 p.m. ET
This May, join us for a four‑part webinar series focused on timely US labor and employment law developments affecting employers. Each session offers one hour of practical insights. Choose the sessions most relevant to your needs, or join us for the full series.
This complimentary series is designed for HR leaders, in‑house counsel, compliance teams and business leaders overseeing employment policies.
Each webinar is pending 1.0 hours of general CLE credit in Arizona, California, New Jersey, New York, Ohio and Texas. SHRM and HRCI accreditation are also pending. Additional CLE credits may be available. Squire Patton Boggs is an accredited CLE provider in New York and California.
Labour & Employment UK Webinar Programme 2026: Managing Senior Exits
13 May 2026 | Noon – 1 p.m. BST
The Employment Rights Act (ERA) 2025 will remove the cap on the unfair dismissal compensatory award. This will have significant consequences for employers of high earners, as from 1 January 2027 they will no longer be able to dismiss such employees without following due process, safe in the knowledge that any losses in the Employment Tribunal (absent a discrimination or whistleblowing angle to the claim) will be limited at the cap, so keeping any settlement discussions reasonable.
We will cover:
- The ERA 2025 – A reminder of the unfair dismissal changes and how these will impact senior exits.
- What steps can employers take to mitigate the impact of the changes to the unfair dismissal regime?
- Tips and tactics for dismissing senior employees under the new unfair dismissal regime, including the strategic and practical points to consider when managing exits from the business.
- Potential pitfalls and how to avoid them.
Labour and Employment UK Webinar Recording: Managing New Recruits
Watch the first webinar in our 2026 Labour & Employment UK Webinar Programme, the key legal and practical issues to consider when managing new recruits.
We discuss key issues to consider when recruiting and managing new hires (including performance management), as well as best practice tips and practical insight on how you can improve your contracts of employment to ensure they put your business in the strongest position in any dismissal situation.
March 2026
UK
New Statutory Entitlement to Bereaved Partner’s Paternity Leave (UK)
In our recent alert, we recommended that employers review and update their family-friendly policies to reflect the changes that are coming into force in April under the Employment Rights Act 2025.
We also wanted to bring to your attention some other legislative changes that might require employers to make additional minor tweaks to any paternity leave policy.
Mandatory Ethnicity and Disability Pay Gap Reporting for Large Employers Gets the Green Light
Following a consultation that closed in June 2025, (for our thoughts on the proposals at the time, please see here) the government has confirmed that it is going ahead with mandatory ethnicity and disability pay gap reporting for large employers (those with over 250 employees) to increase transparency and help tackle barriers in the workplace.
UK Employment Law – What’s Coming Into Force in April?
April is a busy month on the legislative front, as a number of the changes contained in the Employment Rights Act 2025 will come into force, as well as the usual annual uplifts, etc.
Europe
Royal Decree-Law 7/2026 of 20 March, Approving the Comprehensive Response Plan to the Crisis in the Middle East
The Spanish government has approved Royal Decree-Law 7/2026 of 20 March, establishing a comprehensive response plan to address the crisis in the Middle East.
US
Employment Issues Commonly Missed in M&A Transactions – Hidden Workforce Risks That Can Erode Deal Value
In most mergers and acquisitions (M&A), employment issues are rarely the headline drivers of valuation. Buyers tend to focus on revenue growth, intellectual property, market share and operational synergies. Yet in many transactions, workforce-related liabilities become some of the most significant sources of post‑closing exposure.
Webinars / Recordings / Podcasts
Sponsored workers – how to avoid common compliance mistakes
With a clampdown on immigration compliance and an increase in sponsorship audits from the Home Office, it’s important for UK employers to ensure they are meeting their sponsor duties.
Magali Ferreyra Alvarez and Carine Elliott from our Business Immigration team focus this episode of Workforce WorldView on compliance mistakes, consequences of breach and how to avoid them.
February 2026
UK
New Statutory Entitlement to Bereaved Partner’s Paternity Leave (UK)
In our recent alert, we recommended that employers review and update their family-friendly policies to reflect the changes that are coming into force in April under the Employment Rights Act 2025.
We also wanted to bring to your attention some other legislative changes that might require employers to make additional minor tweaks to any paternity leave policy.
The Employment Rights Act 2025: UK Government Issues New Wave of Consultations
The UK government has recently issued five new consultations in connection with the following aspects of the Employment Rights Act (ERA) 2025:
In this latest Insight, we highlight the key points to be aware of – the consultations on fire and rehire and flexible working are likely to be of most interest to employers.
US
The New Wage Rule and the $100K Proclamation Will Shape the 2026 H‑1B Cap Season
USCIS has announced that the FY 2027 H‑1B cap registration window will run from March 4 to March 19, 2026. During this period, employers seeking to sponsor H‑1B workers for this year’s lottery (covering employment beginning October 1, 2026) must use a USCIS online account to electronically register each beneficiary for the selection process and submit the required $215 H‑1B registration fee for each entry.
Webinars / Recordings / Podcasts
Workplace investigations – what should you do if an employee makes a complaint but asks you not to investigate?
This is the second episode in our Workforce WorldView miniseries on workplace investigations, helping employers understand the ins and outs of investigating complaints in the workplace.
We join Chris Kelly and Grace Lancaster as they discuss what UK employers should do when dealing with a “reluctant complainant” – an employee with a legitimate serious complaint who does not want their employer to investigate their issue for a variety of reasons.
H-1B visa lottery changes – what should US employers expect in 2026 and beyond?
In our latest episode of Workforce WorldView, Gregory Wald and Samuel Mudrick, partners in our Business Immigration team, discuss the US H-1B specialty occupation visa, a high-skilled visa often used by US employers looking to fill roles that routinely go unfilled due to domestic skills shortages.
January 2026
Global
Global Snapshot Hot Employment Law Topics for 2026
We know that for many of our clients and contacts with a multi-jurisdictional mandate, horizon-scanning and trend spotting is critical to allow for forward planning and to avoid surprises. With this in mind, at the start of this year, we asked the partners across our global Labour & Employment practice to identify the key employment law topics for 2026 in their respective jurisdictions.
UK
The Employment Rights Act 2025: April 2026 Changes – What Needs To Be on Your Agenda Now?
It has been a while coming, but the Employment Rights Bill finally received Royal Assent on 18 December and for better or worse is now a fully-fledged Act of Parliament, the Employment Rights Act 2025.
It is fair to say that getting this Act over the line was not straightforward for the government, with much ink (and government credibility) already spilled over the extensive ping-ponging between the House of Lords and the House of Commons to try and reach a deal.
After Months of Anticipation The FCA Releases Its Guidance on Non-Financial Misconduct
On 12 December, the Financial Conduct Authority (FCA) finally issued its official response to the public consultation on non-financial misconduct (NFM). This was issued through a Policy Statement PS25/23, finalising new binding regulatory rules and accompanying official guidance on NFM.
US
Corporate Insights: Mitigating Border Entry Risks for Technical Staff Under New US State Department Guidance
Companies that operate internationally and regularly send foreign-based employees to the US should be aware that the environment for business travel into the US is changing.
The US Department of State (State Department) released a fact sheet on October 4, 2025 explaining what it considers permissible under the business visitor category for B-1 visas.
Webinars / Recordings / Podcasts
Implementation of the EU Pay Transparency Directive and Key Employment Law Changes for 2026 in the Czech Republic, Poland and Slovakia
The EU Pay Transparency Directive is nearing its implementation deadline, and employers across the EU are either already prepared or in the process of getting ready. Although some Member States, including the Czech Republic, have not yet finalised the legislative process, larger companies will need to start collecting data from early 2026. Now is the perfect time to understand what the Directive requires and how to prepare for full compliance.
New UK immigration rules proposed for 2026 – what you need to know about the Earned Settlement Scheme
As part of the UK immigration white paper proposals announced in May 2025, the UK government is consulting on reforming the current settlement system in line with its Earned Settlement Scheme. This includes increasing the qualifying period to qualify to apply for indefinite leave to remain (ILR) from five to 10 years (or up to 30 years in some cases) for individuals in most immigration categories.
Workplace investigations – what are they and why do they matter?
This is the first episode in our Workforce WorldView miniseries on workplace investigations, helping employers understand the ins and outs of investigating complaints in the workplace.
We join Chris Kelly and Sarah Lawrence as they discuss what workplace investigations are, when they’re needed and why it’s important to implement a formal process.