Workforce Bulletin

On March 6, 2026, the U.S. Court of Appeals for the Third Circuit issued a significant decision clarifying how discrimination claims brought by majority-group plaintiffs should be analyzed under the New Jersey Law Against Discrimination (NJLAD). In Massey v. Borough of Bergenfield, the court concluded that majority-group plaintiffs should not be required to satisfy the “background circumstances” rule—a doctrine that imposed a heightened burden on plaintiffs alleging discrimination against majority groups. In reaching that conclusion, the court, predicting that the New Jersey Supreme Court would do the same, relied on the U.S. Supreme Court’s decision in Ames v. Ohio Department of Youth Services, which rejected the background circumstances rule in Title VII of the Civil Rights Act of 1964 (Title VII) cases. Massey marks the first federal appellate decision to apply Ames to state law.

As featured in #WorkforceWednesday®: This week, we’re covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (HELP) committee vote on an NLRB nominee.

As featured in #WorkforceWednesday®: This week, we discuss how the Equal Employment Opportunity Commission’s (EEOC’s) new leadership is reshaping workplace policies and enforcement priorities.

The EEOC, now under the leadership of Chair Andrea Lucas and with a quorum for the first time in months, is signaling shifts in enforcement priorities that could have significant implications for employers.

Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers.