On August 5, 2026, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dieng v. Orkin, LLC, vacating a lower court’s ruling finding that unpaid leave was a reasonable accommodation for a permanent disability. 

Since 2020, Virginia has prohibited employers from having non-compete agreements with “low wage employees” who earn below the average weekly wage in Virginia. Last year, the Virginia General Assembly amended the “low wage employee” definition to include non-exempt employees entitled to overtime compensation for hours worked more than forty hours a week. On July 1, 2026, two new restrictions will take effect.

Last month, the Equal Employment Opportunity Commission issued guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities.” While it is targeted toward federal agencies, the guidance draws on standards also relevant to private employers covered under the Americans with Disabilities Act (ADA).

The Department of Labor (DOL) started off 2026 issuing numerous Opinion Letters on issues arising under the Fair Labor Standards Act (FLSA). Opinion Letter FLSA2026-4 addresses questions regarding the overtime exemption applicable to retail and service employees.