EEOC Quorum Restored: Five Critical Enforcement Shifts for Employers

Commissioner Brittany Panuccio’s confirmation on October 7, 2025 restored the EEOC’s quorum, removing the constraints that limited Chair Andrea Lucas during the eight-month period when the Commission operated with just two members. The Commission can now formally adopt new guidance, rescind prior guidance and policies, authorize litigation, approve amicus briefs, and modify its Strategic Enforcement Plan —actions that were not possible without three commissioners.

Based on Chair Lucas’ stated priorities and enforcement actions already underway, employers face 5 critical enforcement shifts.

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New Jersey Noncompete Ban Clears Major Legislative Hurdle

A New Jersey bill that would ban most worker noncompete restrictive covenants (A5708) cleared the Assembly Labor Committee on December 4, 2025, in a bipartisan 8-2 vote. On the same day, the bill was referred to the Assembly Regulated Professions Committee and may be headed to the Assembly floor before the Legislature adjourns on January 12, 2026. An identical companion bill in the New Jersey Senate (S4385) was introduced on May 19, 2025, but remains in the Senate Labor Committee.

After several years of similar proposed legislation dying in the Legislature, this bill’s momentum signals potential passage for several reasons: (1) Governor Murphy may want to end his term with this marquee employee-friendly legislation; (2) the Federal Trade Commission recently abandoned its federal noncompete ban, leaving states to take the lead on efforts to increase employee mobility; (3) the bill sponsor chairs the Assembly Labor Committee; and (4) the bill passed in committee with bipartisan support.

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India’s New Era of Labor Laws

On November 21, 2025, India implemented a sweeping overhaul of its labor law regime, transforming labor compliance nationwide. This reform consolidates and updates 29 central labor laws into four comprehensive labor codes: the Code on Wages (2019), the Code on Social Security (2020), the Industrial Relations Code (2020), and the Occupational Safety, Health and Working Conditions Code (2020) (collectively, the “Labor Codes”).

Key Changes, Implications and Challenges of India’s Four Labor Codes

The four Labor Codes significantly update India’s current labor and employment framework, aiming to modernize and improve protections for the workforce while also streamlining compliance for employers. Below is an overview of key features for each Code:

  • Code on Wages (2019)

    Implementation of the Code on Wages (2019) brings greater uniformity and inclusivity to India’s wage and hour laws. Key reform highlights include:

    • Universal Coverage: Provisions related to timely wage payments, authorized deductions and wage protection now apply to all employees, eliminating previous wage thresholds.
    • Standard Definition of Wages: A uniform definition of “wages” across all four Labor Codes, and now requires that at least 50% of a worker’s total compensation must be wages.
    • Minimum Wage Floor: All workers are now entitled to earn a minimum wage, set by a national wage floor that applies throughout India and across industries. Wages can now legally be paid electronically.
    • Gender Equality and Protection: “Equal pay for equal work” is now enforced for all genders, including transgender persons. Protections for women working nightshifts are strengthened and opportunities expanded.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense. However, certain first-time or minor offenses are now decriminalized and subject to monetary fines instead.

    Employer Action: Employers should review wage structures, payroll processes, pay timelines and record-keeping to ensure compliance.

  • Code on Social Security (2020)

    While some provisions of the Social Security Code took effect on November 21, 2025, others will become enforceable as additional rules are finalized. Key reform highlights include:

    • New Categories of Workers: The Code formally recognizes “fixed-term employment,” “platform workers” and “gig workers,” extending protections and benefits to these groups.
    • Expanded Social Security Eligibility: Social security eligibility is now available to a broader group of workers, including fixed-term, piece-rate, seasonal and disabled workers. Fixed-term employees qualify for benefits after just one year of service, compared to five years for permanent employees.
    • Enhanced Maternity Benefits: The legal protections of pregnant and postpartum workers are strengthened, with higher medical bonus payments and clearer definitions of prohibited “arduous” work. Establishments with 50 or more employees must provide childcare (“creche”) facilities for female workers, including daily visitation rights.
    • Higher Penalties for Noncompliance: Employers face stricter penalties, especially for repeat violations.

    Employer Action: Employers should take steps to review and update their current benefits policies to ensure compliance with these new obligations.

  • Industrial Relations Code (2020)

    All provisions of the Industrial Relations Code are effective and enforceable as of November 21, 2025, and outline updated workplace regulations to better align India’s laws with modern practices. Key reform highlights include:

    • Broader Definitions: The definition of “industry” now includes nonprofit and low-capital organizations, broadening worker coverage and protections.
    • Recognizing Trade Unions: Trade unions are now recognized as negotiating bodies under the Code. A union with at least 51% membership of the workers is designated as the negotiating union for collective bargaining and grievance purposes. Further, Grievance Redressal Committees must now be larger and gender inclusive.
    • Retrenchment Threshold Raised: Government approval for termination (“retrenchment”) is now required only for establishments with 300 or more workers, an increase from the previous 100-person threshold that will make it easier for certain employers to terminate workers.
    • Re-skilling Fund: Employers must now contribute an amount equal to 15 days of wages to a government fund for each terminated worker, effectively increasing the cost of terminating workers for employers.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Though smaller employers will gain flexibility in workforce reductions, all employers should take steps to review their termination and workforce restructuring policies, begin contributions to the re-skilling fund, and update workplace policies regarding trade unions.

  • Occupational Safety, Health and Working Conditions Code (2020)

    All provisions of the Occupational Safety, Health and Working Conditions Code are now in effect, and aim to establish a uniform framework for ensuring safe and hygienic working conditions and facilitate employer compliance.

    • Unified Standards and Expanded Coverage: Health and safety requirements for employers are now standardized and apply across industries. Under the Code, covered employers are required to follow safety and health standards, provide free annual health check-ups, issue appointment letters to all employees, and establish Safety Committees in certain circumstances.
    • Greater Protection for Women: Women may now work in all roles and during extended hours (before 6 a.m. or after 7 p.m.), provided they give consent and all safety measures are met.
    • Hazardous Work Safety: Employers must now comply with stricter welfare, sanitation and safety rules when operating in hazardous industries.
    • Higher Penalties for Noncompliance: Penalties for violations are now much higher, with imprisonment possible depending on the nature of the offense.

    Employer Action: Employers should take steps to verify workplace safety and welfare policies to align with new requirements.

What Employers Should Know Now

These long-awaited reforms signal a significant shift in India’s approach to labor regulation, increasing protections and modernizing compliance. Employers with operations in India should begin to familiarize themselves with the new legal requirements under all four Labor Codes, review their employment policies and procedures, and ensure ongoing compliance.

Part 29 of “The Restricting Covenant Series”: From Reliable to Unpredictable: Navigating Post-Employment Restrictive Covenants in Delaware

Once considered a reliable “go-to” state for enforcing noncompetes and nonsolicitation agreements, Delaware is now a minefield of unpredictability. Historically, if a noncompete’s geographic, temporal or business activity scope was too broad, Delaware courts used the “blue-pencil” doctrine1 to render them reasonable and enforceable. Those days are largely gone. Blue-penciling is not a reliable safety net for employers in the First State. Today, Delaware courts are more likely to strike overly broad restrictions than to rewrite them, exposing employers to competitive risks if their agreements are not precisely tailored or carefully crafted.

Something is Afoot in the First State

Delaware’s reputation as the jurisdiction of choice for business is rooted in its robust and employer-friendly corporate laws. It is a “contractarian state,” meaning its courts respect and enforce the bargains struck by parties – whether in employment, merger, stock or partnership agreements – so long as those bargains are not unconscionable or contrary to public policy. This contractarian philosophy has long offered businesses predictability and reliability, making Delaware a preferred state of incorporation.

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Philadelphia Amends ‘Ban the Box’ Law: Key Changes to the Fair Criminal Records Screening Standards Ordinance Effective January 2026

Philadelphia’s Fair Criminal Records Screening Standards Ordinance (FCRSSO), commonly known as its “ban the box” law, has regulated how and under what circumstances an employer can consider the criminal histories of its applicants and employees since its enactment in 2011.  Philadelphia City Council, with the Mayor’s approval, has now amended the FCRSSO, effective January 6, 2026, presenting the need for employers to review and potentially update their criminal history screening procedures to comply with the law’s new requirements.

What’s New?

Expanded and Added Definitions

With this amendment, Philadelphia expands upon several of the definitions included in the FCRSSO through both clarification of existing terms and the addition of previously undefined terms. For example, the amendment defines “incarceration” — a term that is important for determining the conviction lookback period — to limit it to “confinement in a jail or prison” not “parole, home confinement, or residence at a treatment facility or residential program.”

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The Employment Rights Bill: Key Changes and Implementation Timeline

The Employment Rights Bill introduces sweeping changes to the UK employment landscape, with new protections for workers and additional responsibilities for employers. Although many measures will take effect in stages between 2026 and 2027, businesses should be tracking developments now and preparing for the changes ahead. As a first step, reviewing employment contracts, workplace policies and practices will be essential to ensure compliance when the new measures take effect.

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