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Speakers

Looking Ahead to 2026: Key Labor and Employment Law Developments

Webinar

December 11, 2025

Event details

December 11, 2025

Webinars

This event is in the past. See recordings and other materials from this event below.

Video: ‘Looking Ahead to 2026: Key Labor and Employment Law Developments’ webinar from McDermott’s employment team in 2025 (runtime: 1h31m)

As a year defined by rapid legal and regulatory shifts draws to a close, employers continue to face new and complex challenges. From the surge in pay transparency class actions to the accelerating regulation of artificial intelligence (AI), staying ahead of these developments is essential to mitigate risk, ensure compliance, and prepare for what’s next.

During this webinar, McDermott Will & Schulte’s Employment Group unpacked the most significant legal trends impacting employers in 2025 and practical strategies to prepare your organization for 2026.

Ensure your company is prepared for the year ahead by reviewing our checklists of key takeaways from each segment of the webinar.

Checklists to prepare your company for 2026

To reveal each checklist, click the corresponding heading below.

Wage and hour developments

Monitor federal and circuit-level developments on the independent-contractor standard
Conduct privileged audit exemption and wage and hour audits for roles and practices affecting 25 or more employees
Apply the new Private Attorneys General Act (PAGA) reforms as your core compliance and defense framework
If forced to defend a PAGA case, respond to the initial PAGA notice and cure any inadvertent non-compliance within 60 days
Prepare for increased enforcement by state attorneys general and employee advocates by strengthening documentation and compliance systems

DEI and pay equity

Refocus hiring efforts on fair process and inclusion over metrics and accountability for increased representation
Neutralize mentorship and advancement programs by opening access to all employees
De-emphasize diversity and emphasize equity and inclusion throughout communication

Religious accommodation

Review and revise written policies to clarify that employees’ acknowledgment of and compliance with the policies does not require them to adopt the policies as their own beliefs
Review and revise training materials to clarify that participation does not require the employee to personally agree with anything stated during the program
Engage in and document a thorough interactive process before denying any religious accommodation request — similar to the Americans with Disabilities Act
Review and ensure your religious accommodation policy aligns with Equal Employment Opportunity Commission and state civil rights agencies guidance – e.g., explicitly state the employee’s duties to provide the requisite information and participate in the interactive process

Political speech

Ensure policies and training materials explicitly set forth the boundaries of the company policy and clarify that compliance and participation do not require employees to adopt or agree with stated beliefs
Evaluate an employee’s speech based on its content, context, and the speaker’s role to determine whether it creates a hostile work environment, harms the brand, or is otherwise problematic
Apply all policies and disciplinary actions consistently and fairly across the organization
For union employees, confirm that just cause exists before taking disciplinary action or termination

AI in employment

Conduct artificial intelligence (AI) impact assessments before use
Perform rigorous vendor diligence
Provide notice, opt-out options, and human review
Train human resources, managers, and employees on proper AI use
Maintain ongoing bias testing and recordkeeping

Employee mobility

Consult with counsel to review current agreements for legality
Consider whether the current approach make sense. What are the company’s objectives and needs? Are the appropriate creative approaches utilized?
Draft reasonable restrictions that can be enforced with confidence
Ensure appropriate consideration and procedural requirements are met in the rollout strategy
Monitor state-by-state developments and adjust as necessary

Labor

Evaluate practical and strategic National Labor Relations Board (NLRB) compliance strategy in light of anticipated changes
Consider more proactive and transformational approaches to contract negotiations
Consider dual shop structures to reduce or control union-related risks, especially in connection with transactions
Evaluate union organizing risks related to the rollout of AI
Anticipate more aggressive labor actions as unions pivot away from NLRB litigation

If you have questions or need assistance preparing your company for the year ahead, please contact your regular McDermott Will & Schulte lawyer.

Speakers

Brian Casillas focuses his practice on all aspects of employment litigation and counseling. He has experience in California and federal civil procedure including discovery, motion practice, defending depositions and negotiating settlements. He represents clients against claims under the Fair Employment & Housing Act, Labor Code, Cal/OSHA and Americans with Disabilities Act. Brian also advises corporate clients and individuals across various industries including technology, manufacturing, real estate and construction.

Brian was a certified law clerk for the Los Angeles County District Attorney’s Office in the Appellate Division and the Airport Courthouse Preliminary Hearing Unit. He also served as a judicial extern for the US Bankruptcy Court of the Central District of California for the Honorable Robert Kwan.

During law school, Brian was a chief note and comment editor for the Loyola of Los Angeles Entertainment Law Review and was the team coach for the Uvaldo Herrera Hispanic National Moot Court Team.

Defends employers in complex class actions, California PAGA representative actions, and high-stakes single plaintiff arbitration and litigation matters.

Advises businesses on compliance, employment risk mitigation in mergers and acquisitions, corporate employment policies, workplace investigations, and workforce reductions.

Joseph (Joe) Mulherin focuses his practice on employment class action litigation, with a focus on defending employers against wage-and-hour and employment discrimination lawsuits. Joe has successfully defended clients from a wide variety of industries, including health services, banking, finance, retail, manufacturing, hospitality, staffing, technology, logistics, and construction.

Joe also has deep experience representing employers in federal and state governmental agency matters, including investigations by the US Department of Labor and the Equal Employment Opportunity Commission, as well as their state counterpart agencies.

Leveraging his intricate knowledge of the law and extensive litigation experience, Joe regularly counsels clients on best employment policies and practices and mitigation strategies. His advice takes into account not only the requirements of the law, but clients’ unique business needs and potential exposure.

Joe frequently advises on wage-and-hour policies and practices relating to employee overtime classification, timekeeping, rounding, meal and rest periods, travel time, donning and doffing, on-call time, and handheld devices. He also has considerable experience advising clients on discipline and termination decisions, leave laws, independent-contractor classification, wage payment and vacation laws, commissions and bonuses, and web accessibility for disabled individuals.

Joe is a highly regarded writer and speaker on a broad range of employment law topics.

Maria C. Rodriguez advises US and international corporations with regard to employment law compliance and mergers and acquisitions, and defends employment cases and class action litigation. She serves as the global co-head of McDermott Will & Schulte's Employment Practice Group and as the co-head of the firm's Media, Entertainment & Sports practice. In addition to her leadership roles, Maria is a trusted advisor to clients helping them avoid or resolve disputes and protect resources through proactive and strategic planning. Maria is experienced working with clients in the sports, media and entertainment, technology, food and restaurant, airline, transportation and distribution, healthcare, and fashion industries.

Maria advises on and defends against class, collective, representative and individual claims arising under state and federal employment laws such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), Title VII of the Civil Rights Act, the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA) and the Private Attorneys General Act (PAGA). Her litigation experience includes wage-and-hour, harassment, discrimination, wrongful termination, retaliation, breach of employment contract, unlawful business practices, non-solicitation, trade secrets and other employment-related cases. She has successfully litigated dismissals by way of, early motions to dismiss, summary judgment and leveraging cases early to produce nuisance value resolutions. At trial, she has produced wins in multiple-plaintiff wage-and-hour, retaliation, discrimination, and wrongful termination cases and achieved a defense verdict in a high-profile, eight-week jury trial involving UNRUH civil rights claims brought by 26 plaintiffs against eight defendants.

Maria has extensive knowledge in the complexities involved in doing business in California, across the United States, and abroad, and her fluency in Spanish supports her work with Spanish and Latin America based clients. She defends employers in proceedings before governmental agencies, such as the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the California Labor Commissioner, the US Department of Labor, the Department of Justice, and city and state government agencies that enforce employment.

Tony Torain is lead of the Employment Group’s traditional labor practice and is recognized among the standout lawyers of his generation. He provides strategic and trusted counsel to multinational corporations in labor and employment disputes, helping clients address and resolve critical issues efficiently and effectively. Recognized among the leading lawyers of his generation in labor and employment law, he has extensive experience representing companies across a range of industries – including healthcare, technology, consumer products, automotive, and private equity – in traditional labor matters and employment litigation, trials, and arbitrations.

In his traditional labor practice, Tony is adept at defending major organizations in unfair labor practice trials and proceedings before the National Labor Relations Board (NLRB), audits, strikes, union election campaigns, collective bargaining negotiations, and strategic labor relations planning matters.

Tony represents employers in various kinds of employment disputes in state and federal courts and before state and federal agencies, including cases that involve claims of discrimination, harassment, and retaliation, as well as wage and hour class and collective actions. His practice also includes assisting federal contractors with implementing and maintaining effective affirmative action programs and ensuring compliance with federal contractor employee requirements.