Civil Law

All or Nothing? Second Circuit Clarifies Scope of Sexual Harassment Arbitration Law (US)

A recent decision by the United States Court of Appeals for the Second Circuit clarified the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), with significant implications for employers in New York, Connecticut, and Vermont seeking to enforce arbitration agreements.

On September 30, 2026, in Diaz-Roa v. Hermes Law, P.C.,[i], the Second Circuit held that when an employee properly invokes the EFAA, a pre-dispute arbitration agreement is unenforceable as to the entire lawsuit, … Read the rest

Civil Law

Nothing New and Likely to Be Ineffective: The New Proposed Independent Contractor Rule Issued by the Labor Department

Today the U.S. Department of Labor in the second Trump administration issued a proposed regulation regarding the classification status of independent contractors (ICs). As we noted three days ago in a blog post written in anticipation of the issuance of the proposed new rule, we expected it to be almost a carbon copy of the 2021 regulation issued by the first Trump administration, which was replaced by a 2024 regulation issued by the Biden administration — and it is precisely that, … Read the rest