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No Duty To Speculate: Third Circuit Reinforces ADA Notice Requirements
A federal appeals court has clarified that employers are not required to proactively seek out potential accommodation needs under the Americans with Disabilities Act. The Third Circuit's decision in Hileman v. West Penn Allegheny Health System addresses when an employer's duty to engage in the interactive process is triggered and whether neutral workplace policies can be enforced when disability may have contributed to a violation.
United States Employment
JL
Jackson Lewis P.C.
Article
Nasdaq Eliminates Sub-$4 Initial Listing Path On The Nasdaq Capital Market
Nasdaq has proposed eliminating its Alternative Price Requirement, which currently allows companies to list on the Nasdaq Capital Market at prices between $2 and $4 under certain conditions. The rule change would establish a uniform $4 minimum price requirement for all initial listings, aligning Nasdaq with other national securities exchanges after NYSE American removed its own sub-$4 listing option in March 2026.
United States Finance
MB
Mayer Brown
Article
DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers
The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.
United States Immigration
JL
Jackson Lewis P.C.
Article
Employee Misconduct: Burden-Shifting Returns With NLRB’s Latest Lion Elastomers
The National Labor Relations Board has reinstated the burden-shifting standard from General Motors LLC for evaluating whether employees lose NLRA protection when engaging in misconduct during protected activities. This decision reverses the 2023 Lion Elastomers II ruling and restores a framework that allows employers to discipline abusive conduct while navigating the tension between labor law protections and anti-discrimination obligations.
United States Employment
JL
Jackson Lewis P.C.
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