On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) rescinded by vote its April 2024 Enforcement Guidance on Harassment in the Workplace.  The rescission eliminated the guidance in full, without a notice and comment period, signaling a landmark recalibration of the EEOC’s approach to harassment enforcement.

As Proskauer previously covered, alongside discussion

Spikes in large-scale layoffs and anxiety over AI-driven job losses have put renewed focus on the federal Worker Adjustment and Retraining Notification (WARN) Act. Recent months have seen unusually high levels of WARN notices nationwide, with more than 39,000 workers receiving WARN notifications in October 2025 alone and even higher totals earlier in the year.

California and New York recently enacted statutory restrictions aimed at “stay-or-pay” arrangements: California AB 692 (Cal. Bus. & Prof. Code § 16608 & Cal. Lab. Code § 926) and the New York Trapped at Work Act (N.Y. Lab. Law art. 37, §§ 1050-1055), respectively. Such arrangements are contractual provisions that, while falling short of a