Employment Law and Labour Law

On October 19, 2026, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2026-1, formally withdrawing three opinion letters that served as the foundation for the so-called “80/20 Rule” governing tipped employees under the Fair Labor Standards Act (FLSA). The DOL also confirmed that its current enforcement guidance does not impose a percentage-based limit on the time a tipped employee may spend performing related, non-tip-producing duties. Instead, the inquiry focuses on whether the employee’s duties are related to the employee’s tipped occupation.

California’s Fair Employment and Housing Act (the “FEHA”) proscribes various forms of employment discrimination, including discrimination based on religious beliefs. Among other things, the FEHA requires employers to provide a reasonable accommodation when an employee’s religious belief conflicts with their job requirements. On October 7, 2026, in Smith v. Burbank Unified School District, a three-judge panel of the California Court of Appeal held that an unpaid leave of absence can be a reasonable accommodation for employees whose religious beliefs prevent them from complying with a mandatory vaccination requirement.

For decades, a New York employee’s personnel file belonged, practically speaking, to the employer. The employee might glimpse it during an exit interview or a lawsuit. Otherwise, it stayed locked away. That changed on September 9, 2026, when Senate Bill S3460 was signed into law, adding Section 210-b to the New York Labor Law and giving current and former employees the right to access their personnel records and to dispute what those records say.