Law/Legal
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Littler Issues Commentary: Social Media Vetting Expansion for Visa Applicants
SAN FRANCISCO, California, Dec. 19 -- Littler, a law firm, issued the following commentary on Dec. 18, 2025:
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Social Media Vetting Expansion for Visa Applicants
By George Michael Thompson
On December 15, the Department of State (DOS) announced it will expand its social media vetting requirement to additional nonimmigrant visa classifications, including H-1B, H-4 dependents, F, M, and J. As a result of this expansion, all applicants for such visas will be instructed to adjust the privacy settings on "all of their social media profiles to public." Those profiles will then be subject to review
... Show Full Article
SAN FRANCISCO, California, Dec. 19 -- Littler, a law firm, issued the following commentary on Dec. 18, 2025:
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Social Media Vetting Expansion for Visa Applicants
By George Michael Thompson
On December 15, the Department of State (DOS) announced it will expand its social media vetting requirement to additional nonimmigrant visa classifications, including H-1B, H-4 dependents, F, M, and J. As a result of this expansion, all applicants for such visas will be instructed to adjust the privacy settings on "all of their social media profiles to public." Those profiles will then be subject to reviewas part of their visa application process for entry into the United States.
Additionally, U.S. Customs and Border Protection (CBP) has announced it is discussing making such an online presence review part of the application process for the Electronic System for Travel Authorization (ESTA) currently used by Visa Waiver Program (VWP) travelers from 42 countries. Specifically, CBP is proposing that applicants be required to provide their social media history for the past five years. However, this remains a proposed change subject to public comment by February 9, 2026.
The DOS, meanwhile, has begun to implement its social media vetting for applicants and will use this additional online presence information as part of its visa screening and vetting process to identify individuals inadmissible to the United States. Specifically, the DOS notes this includes "those [applicants] who pose a threat to U.S. national security or public safety."
In implementing this additional review, the DOS reiterates that a "U.S. visa is a privilege, not a right."
What exactly will such consular and border officers be looking for?
While the government has not clearly stated what could be identified as potential threats to "U.S. national security or public safety" when conducting this social media vetting, recent changes to U.S. Citizenship and Immigration Services' (USCIS) policy manual in its adjudication of immigration-related benefits can provide some potential clues.
In August, USCIS noted that "any involvement [by an applicant/requestor] in anti-American or terrorist organizations" as well as any evidence of "antisemitic activity" will be considered an "overwhelmingly negative factor in any discretionary analysis." Per USCIS Spokesperson Matthew Tragesser, "America's benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible."
Conclusion
Applicants for the above-mentioned visa classifications (H-1B, H-4, F, M, and J) should be prepared to set their social media profiles to public and expect their online profiles to be reviewed by consular and border officials as part of their application process. This additional review process may also result in delays in visa appointments as consular posts seek to expand their review processes and implement additional social media vetting.
Individuals with concerns prior to seeking entry into the United States should contact immigration counsel.
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Original text here: https://www.littler.com/news-analysis/asap/social-media-vetting-expansion-visa-applicants
[Category: BizLaw/Legal]
Hogan Lovells and Cadwalader Announce Intent to Combine, Creating a Firm With Unprecedented Strength in Key G20 Markets
NEW YORK, Dec. 19 -- Cadwalader, a law firm, issued the following news release on Dec. 18, 2025:
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Hogan Lovells and Cadwalader Announce Intent to Combine, Creating a Firm With Unprecedented Strength in Key G20 Markets
Largest law firm combination in history will create the world's fifth largest firm by revenue, with annual revenue in excess of US$3.6 billion and 3,100 attorneys located in preeminent markets across the Americas, EMEA, and APAC
Hogan Lovells Cadwalader will bring unmatched finance, corporate, regulatory, and disputes capabilities to clients in financial markets, particularly
... Show Full Article
NEW YORK, Dec. 19 -- Cadwalader, a law firm, issued the following news release on Dec. 18, 2025:
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Hogan Lovells and Cadwalader Announce Intent to Combine, Creating a Firm With Unprecedented Strength in Key G20 Markets
Largest law firm combination in history will create the world's fifth largest firm by revenue, with annual revenue in excess of US$3.6 billion and 3,100 attorneys located in preeminent markets across the Americas, EMEA, and APAC
Hogan Lovells Cadwalader will bring unmatched finance, corporate, regulatory, and disputes capabilities to clients in financial markets, particularlyacross the critical New York-London corridor
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Hogan Lovells and Cadwalader, Wickersham & Taft today announced their intention to combine, creating Hogan Lovells Cadwalader. The combination will unite Hogan Lovells, a global leader in advising clients in highly regulated sectors operating across G20 markets, with Cadwalader, Wall Street's oldest law firm, with longstanding relationships with a range of blue-chip clients, including many of the world's leading financial institutions and providers of private capital.
This will be the largest law firm combination in history, creating the world's fifth largest firm by revenue, with annual revenue in excess of US$3.6 billion based on 2024 performance. The combined firm's revenue will be balanced across premier legal markets on both sides of the Atlantic.
With 3,100 world-class lawyers across the Americas, EMEA, and APAC, the combined firm will serve clients in every major financial market. Hogan Lovells Cadwalader will have unmatched strengths across finance, corporate, regulatory, IP, and disputes, positioning the combined firm to represent the world's leading financial institutions, multinational corporations, private capital funds, and sovereign entities on their highest value strategic challenges.
"Clients are increasingly looking for law firms with deep sector expertise and broad global reach to advise on their most complex mandates around the world," said Hogan Lovells CEO Miguel A. Zaldivar, Jr. "Cadwalader, a premier Wall Street institution, brings top of the market finance capabilities, which combined with Hogan Lovells' powerful global platform, expands our abilities to comprehensively advise clients at a time when cross-border investment is increasingly driving growth in key sectors--including finance, energy, technology, life sciences, and others."
"This combination fulfills our shared ambition to create a global firm with a strong transatlantic platform anchored in the most important financial centers around the world," said Wes Misson, Co-Managing Partner, Cadwalader. "Our clients are at the center of this strategic decision, as this combination will enhance our ability to provide best-in-class service at scale."
Added Pat Quinn, Co-Managing Partner, Cadwalader: "Together, Hogan Lovells Cadwalader will become one of the world's most formidable legal platforms - built to advise clients on the most critical legal and business issues of the moment and transactions that will shape the future. Throughout our discussions, it has been clear that we are driven by the same core values - excellence, ambition, collaboration, and an unwavering commitment to our clients, people, and society. This alignment gives us confidence that our cultures will complement one another and help us thrive."
Miguel Zaldivar will serve as CEO of the combined firm. Cadwalader is currently led by two Co-Managing Partners, Pat Quinn and Wes Misson, and both would take on International Management Committee roles: Pat Quinn as Global Managing Partner for Client and Practice Integration, and Wes Misson as Global Managing Partner for the Finance practice. Misson will be working alongside James Doyle, Corporate and Finance Practice Group Leader, and David Bonser, Global Managing Partner for the Corporate Practice.
The proposed combination is subject to customary closing conditions, including a vote by the partners of each firm to be held in 2026.
Strength in the World's Most Critical Markets
Together, Hogan Lovells Cadwalader will have the uniqueness of operating through five primary hubs - Washington, D.C., New York, London, Germany, and the region comprising France, Italy, and Spain - serving clients in complex matters across a balanced global platform. It will also have a particular strength in the London-New York-Charlotte financial corridor.
In New York, the combined firm will rank among the top 25 law firms, with more than 370 lawyers. Cadwalader, founded in 1792 and Wall Street's oldest law firm, played a defining role in the evolution of structured finance and securitization, fund finance, real estate finance, derivatives, and other sophisticated structured products. The firm has also built leading practices in bank lending, corporate/M&A, litigation, restructuring, and private wealth.
Hogan Lovells has expanded rapidly in New York, adding strength in M&A, real estate, sports transactions, and commercial litigation, among other areas. Cadwalader's premier real estate finance practice will significantly complement Hogan Lovells' investment two years ago in the acquisition of the highly respected U.S. real estate practice from legacy New York firm Stroock & Stroock & Lavan.
In London, the combined firm will be among the top 10, with nearly 600 lawyers, offering unique scale and depth to serve clients across the New York-London transactional corridor. Hogan Lovells was formed from one of London's oldest law firms, founded 125 years ago, and long known for its premier finance and litigation practices. Cadwalader's market-leading fund finance, structured finance, and leveraged finance and private credit platforms strengthen the transatlantic link to New York, creating a preeminent capability in complex finance and transactions.
In Washington, D.C., Hogan Lovells Cadwalader will be one of the city's largest firms, with more than 500 lawyers, cementing the firm's position as the premier platform for high-stakes matters at the intersection of business and government. Hogan Lovells, one of the oldest and largest law firms in Washington, D.C., founded over 120 years ago, is widely recognized as a regulatory leader in international trade, antitrust, and key sectors including life sciences and health care, technology, and energy, coupled with leading corporate and litigation practices.
Cadwalader brings nationally recognized strengths in compliance, investigations and enforcement, financial restructuring, fund finance, structured finance, and derivatives and financial services regulation. Among the synergies in Washington, D.C., the combined firm will also create a market leader focused on resolving disputes with state attorneys general offices.
In Charlotte, N.C. - the second-largest U.S. banking center - Cadwalader's over 100 lawyers include highly specialized and market-leading teams in fund finance, bank lending, securitization and structured finance, real estate finance, and CMBS. This financial services focus provides synergies with the combined firm's finance practices in London and New York, as well as financial services regulation in Washington, D.C.
In Germany, Hogan Lovells' leading IP, litigation, finance and corporate platform will unite with Cadwalader's world-class finance capabilities - creating a full-service offering for clients and opening new markets for the combined firm. With more than 450 lawyers across Berlin, Dusseldorf, Frankfurt, Hamburg, and Munich, Hogan Lovells has one of Germany's most established and prestigious platforms, rooted in over 135 years of market presence.
In France, Italy, and Spain, the combination pairs Cadwalader's premier finance capabilities with Hogan Lovells' established platform in this fast-growing market - providing clients with significant support in Europe's expanding private capital markets. With over 400 lawyers, Hogan Lovells' platform in this region is one of the strongest in Continental Europe, backed by 22 Chambers-ranked practices, including leading structured finance, real estate finance, securitization, derivatives, and capital markets practices.
In APAC, Cadwalader's prestigious finance capabilities enhance Hogan Lovells' established and targeted local presence, sharpening the combined firm's ability to deliver seamless, premium, and cross-border support to clients doing business across the region. With more than 140 lawyers across Beijing, Hong Kong, Shanghai, Singapore, Tokyo, Vietnam, and Jakarta, the combined firm will continue a 50-year legacy in APAC and market-leading practices in corporate, finance, compliance and investigations, TMT, IP, life sciences, data protection, and international trade.
Transformative Trends
The strengths of Hogan Lovells Cadwalader are well matched to the forces shaping the global economy.
The rise of the private capital sector has helped fuel significant growth across the global economy. A critical component of this industry is fund finance and related highly specialized financial products. Since 2018, Cadwalader has advised lenders on more than $1.4 trillion in fund finance commitments across subscription, NAV, hybrid, GP, management fee, hedge fund and venture capital facilities, as well as preferred share issuances. The combined firm will be the global leader in this space, and will help drive the continued development of transformative industries going forward.
Structured finance and structured products - including securitization and derivatives - have become critical tools for capital-intensive, high-growth, and transformative industries, including energy, technology, and infrastructure, all of which require innovative financing structures to scale. Cadwalader's platform has long helped design and execute the financial structures that power these industries, pioneering many of the tools now used for renewable energy assets, digital infrastructure, data centers, technology rollouts, private equity solutions, complex supply chains, and life sciences portfolios.
As a result, Cadwalader has become a global leader in capital relief trades and other regulatory optimization practices. Paired with Hogan Lovell's strength in highly regulated cross-border work, the firm will offer a singular platform built to advise, structure, and finance the next generation of deals across sectors and geographies.
AI and Innovation Leadership
The combination will also accelerate Hogan Lovells Cadwalader's leadership in innovation and AI-enabled legal services. Hogan Lovells has made significant investments to become a fully technology-enabled firm, embedding advanced AI capabilities across client work and internal operations as a core strategic priority. Cadwalader will likewise benefit from Hogan Lovells' joint venture, ELTEMATE, and its proprietary chatbot, CRAIG, which already supports more than 4,400 users and provides the combined firm with a unique level of independence from external technology providers.
By integrating proprietary AI tools seamlessly with its global legal teams, Hogan Lovells Cadwalader will deliver enhanced efficiency, deeper insights, and higher-value outcomes for clients navigating their most complex cross-border mandates. Few law firms globally can match this depth of in-house AI capability, positioning the combined firm at the forefront of technology-driven service delivery.
Additional information on the combination and both firms can be found at www.oursharedambition.com.
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Original text here: https://www.cadwalader.com/news/news-release/hogan-lovells-and-cadwalader-announce-intent-to-combine-creating-a-firm-with-unprecedented-strength-in-key-g20-markets
[Category: BizLaw/Legal]
Ogletree Deakins Promotes 19 Attorneys to Shareholder Across Global Footprint
ATLANTA, Georgia, Dec. 18 -- Ogletree Deakins, a law firm, issued the following news release:
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Ogletree Deakins Promotes 19 Attorneys to Shareholder Across Global Footprint
Ogletree Deakins, one of the largest labor and employment law firms representing management, is pleased to announce that 19 of the firm's attorneys have been elected to shareholder. The 2026 newly elected shareholder class comprises attorneys from 15 offices around the world, representing the firm's continued growth across its global footprint.
"I am thrilled to congratulate our newest class of shareholders. This achievement
... Show Full Article
ATLANTA, Georgia, Dec. 18 -- Ogletree Deakins, a law firm, issued the following news release:
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Ogletree Deakins Promotes 19 Attorneys to Shareholder Across Global Footprint
Ogletree Deakins, one of the largest labor and employment law firms representing management, is pleased to announce that 19 of the firm's attorneys have been elected to shareholder. The 2026 newly elected shareholder class comprises attorneys from 15 offices around the world, representing the firm's continued growth across its global footprint.
"I am thrilled to congratulate our newest class of shareholders. This achievementreflects their exceptional talent, unwavering commitment to client service, and leadership within our firm and the legal community," said Liz Washko, Managing Shareholder of Ogletree Deakins. "Their contributions have strengthened our culture of excellence and collaboration, and we look forward to the continued impact they will make as we advance our vision for growth and innovation."
The new shareholders cover a wide array of labor and employment practice areas, including business immigration, class action, cross-border, disability access, drug testing, employee benefits, employment litigation, global reorganizations, leaves of absence, unfair competition, traditional labor, wage and hour, workplace safety, and more.
The 2026 newly elected shareholder class includes:
* Shirin Aboujawde - New York/Cross-Border
* Carmen M. Aguado - Los Angeles
* Ruhul K. Ayazi - London
* John M. Barcus - Dallas
* Ricardo R. Bours - Phoenix
* Cameron J. Davila - San Diego
* Andrew Drozdowski - Raleigh
* Meagan E. Dziura - Raleigh
* James N. Garilas - Greenville
* Stephanie C. Generotti - Tampa
* Andrew S. Haring - Cleveland
* Jeremy W. Hays - Dallas
* Noel M. Hernandez - Las Vegas
* Cristin J. Mack - St. Louis
* Nicole A. Naleway - Orange County
* Jordan D. Simon - Toronto
* Jody Ward-Rannow - Minneapolis
* Mallory S. Zoia - St. Louis
* Sarah M. Zucco - New York
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About Ogletree Deakins
With more than 1,100 attorneys in 60 offices worldwide, Ogletree Deakins is one of the largest labor and employment law firms representing management. We handle all types of employment-related legal matters, including traditional labor and employment, workplace safety, employee benefits, and business immigration matters. Guided by our Client Pledge, we focus on understanding clients' business and objectives, collaborating and anticipating needs, harnessing technology and innovation, communicating effectively, and providing quality representation with exceptional value. www.ogletree.com
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Original text here: https://ogletree.com/media-center/press-releases/2025-12-17/ogletree-deakins-promotes-19-attorneys-to-shareholder-across-global-footprint/
[Category: BizLaw/Legal]
Littler Issues Commentary: Some Place or Another - Nevada Supreme Court Expands Reach of Nevada's Luring Statute
SAN FRANCISCO, California, Dec. 18 -- Littler, a law firm, issued the following commentary on Dec. 17, 2025:
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Some Place or Another: Nevada Supreme Court Expands Reach of Nevada's Luring Statute
By Roger Grandgenett, Kelsey Stegall and Andrew Clark
Enacted in 1967, Nevada's "employment-luring" statute prohibits employers from inducing, influencing, persuading, or engaging prospective employees to "change from one place or another in this state" or to "bring workers of any class or calling into this state" by "false or deceptive representations, false advertising or false pretenses." Such
... Show Full Article
SAN FRANCISCO, California, Dec. 18 -- Littler, a law firm, issued the following commentary on Dec. 17, 2025:
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Some Place or Another: Nevada Supreme Court Expands Reach of Nevada's Luring Statute
By Roger Grandgenett, Kelsey Stegall and Andrew Clark
Enacted in 1967, Nevada's "employment-luring" statute prohibits employers from inducing, influencing, persuading, or engaging prospective employees to "change from one place or another in this state" or to "bring workers of any class or calling into this state" by "false or deceptive representations, false advertising or false pretenses." Suchrepresentations/pretenses relate to the (a) kind or character of work to be done; (b) amount and character of the compensation to be paid for the work; (c) sanitary or other conditions of employment; or (d) existence of a strike or other trouble between the employees and management. Nevada Revised Statutes (NRS) 613.010. The statute further provides that an employee can bring a claim under this statute if an employer "induce[d] the worker to change his or her place of employment, or place of abode . . . ."
Given this language, Nevada courts have routinely found that the phrase "change from one place to another in this state" required an employee to physically relocate from another state to Nevada, or at least, to change their place of residence before the statute applied. For example, federal courts in Nevada have required employees bringing a luring claim to demonstrate that they physically relocated their place of residence. See Severson v. Absolute Dental Grp., LLC, No. 2:22-cv-01916-GMN-VCF, 2023 WL 2772004 (D. Nev. Apr. 1, 2023); Turner v. Harvard MedTech of Nev., LLC, No. 2:22-cv-1264-JCM (BNW) (D. Nev. July 27, 2023).
In Severson, the plaintiff's claim under NRS 613.010 failed because, despite putting her Arizona house on the market in preparation for moving to Nevada, the plaintiff never actually moved to Nevada prior to her employment being terminated. The court held that because the plaintiff did not allege that "she physically relocated to Nevada, her claim under NRS 613.010 fails as a matter of law."
Similarly, in Turner, the court found that the plaintiff, who was recruited and ultimately left one job for the recruited job, could not bring a claim under NRS 613.010 because he did not physically relocate to Nevada. The court found that while the plaintiff did change his place of employment, he did not change his "place of abode" as stated in the statute. Based on the Severson and Turner decisions, Nevada employers were able to achieve dismissal of a "luring" claim if the employee never actually moved their physical location for employment.
However, on December 4, 2025, the Nevada Supreme Court substantially expanded the reach of this statute. In Field Effect Security, Inc. v. Eighth Judicial District Court, 141 Nev. Adv. Op. 63 (2025), the court held that the text and history of NRS 613.010 merely require employees to change their place of employment to satisfy the statute's initial prong and do not require employees to relocate their place of residence.
In this case, a former employee argued that the company lured him away from a competitor based on false promises about his role and compensation. The employee did not relocate his residence to accept the position with the company and lived at the same Las Vegas residence before, during, and after his employment. As did the defendants in Severson and Turner, the employer argued that the statute did not apply because it required an employee to have physically relocated their residence. The Nevada Supreme Court disagreed, finding that "changing a place of employment satisfies the requirements for a civil claim under NRS 613.010." In so doing, the Nevada high court rejected the federal courts' contrary positions. Therefore, to bring a claim under NRS 613.010, Nevada employees need only demonstrate that they changed their place of employment.
Notably, the Nevada Supreme Court did not offer additional guidance on what conduct constitutes false or deceptive misrepresentations or false advertising about the employment to create liability. However, it is now clear that an employee need only demonstrate that they moved from one employer to another to satisfy the "change from one place to another" language in NRS 613.010.
Given this decision, there will likely be an uptick in claims filed under NRS 613.010, and employers should be prepared to defend against them accordingly. Employers can take proactive steps to review their recruiting, interviewing, and offer making practices. Employers may also wish to revisit template offer letters, recruiting scripts, and onboarding communications to minimize the risk that candidates later claim they were "lured" by false or misleading statements. Accordingly, employers in Nevada should consult with experienced employment counsel to assess their current practices and develop a strategy that reduces exposure moving forward.
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Original text here: https://www.littler.com/news-analysis/asap/some-place-or-another-nevada-supreme-court-expands-reach-nevadas-luring-statute
[Category: BizLaw/Legal]
Littler Issues Commentary: Polish Employers Receive the Gift of EU Pay Transparency Obligations in Recruitment
SAN FRANCISCO, California, Dec. 18 -- Littler, a law firm, issued the following commentary on Dec. 17, 2025:
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Polish Employers Receive the Gift of EU Pay Transparency Obligations in Recruitment
At a Glance
- Poland is the first major economy in Europe to transpose portions of the EU Pay Transparency Directive into national law.
- Article 5 of the Directive addresses an employer's pay transparency obligations for job applicants.
- Poland has largely adopted Article 5's language and obligations with a few specific changes.
By Natalia Bigdowska,/* Joanna Dudek,/** and Morgan Matson
Just
... Show Full Article
SAN FRANCISCO, California, Dec. 18 -- Littler, a law firm, issued the following commentary on Dec. 17, 2025:
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Polish Employers Receive the Gift of EU Pay Transparency Obligations in Recruitment
At a Glance
- Poland is the first major economy in Europe to transpose portions of the EU Pay Transparency Directive into national law.
- Article 5 of the Directive addresses an employer's pay transparency obligations for job applicants.
- Poland has largely adopted Article 5's language and obligations with a few specific changes.
By Natalia Bigdowska,/* Joanna Dudek,/** and Morgan Matson
Justin time for the holiday rush, Poland is the first major economy in the region to carry out any portion of the European Directive (EU) 2023/970 on pay transparency (hereafter referred to as the "PTD"). Poland's partial implementation of the PTD (officially titled Ustawa z dnia 4 czerwca 2025 r. o zmianie ustawy - Kodeks pracy, hereafter referred to as the "Act") takes effect on December 24 and is focused solely on ensuring that Article 5 of the PTD is integrated into Polish national law. This article will unwrap the new obligations so there are no surprises for Polish employers.
What is Article 5 of the PTD?
Article 5 of the PTD specifically addresses the obligations of employers towards job applicants. Unlike other aspects of the PTD, Article 5 does not have a threshold limitation; it applies to all employers, regardless of employee headcount.
Pursuant to Article 5:
- Job applicants have a new right to receive information about (i) the job's "initial pay or its range"--information that must be based on objective, gender-neutral criteria, and (ii) relevant provisions of the collective agreement (if applicable);
- Employers must provide the applicants with the above information in a manner to "ensure an informed and transparent negotiation on pay, such as in a published job vacancy notice, prior to the job interview or otherwise";
- Job vacancy notices and job titles must be gender neutral and recruitment processes must be led in a non-discriminatory manner; and
- Employers are prohibited from asking applicants about their pay history.
How Has Poland Transposed Article 5?
When the EU Commission passes a directive, member states are responsible for transposing it into local law within a certain period. In general, directives set out a minimum level of compliance. Member states are left with figuring out implementation details and have the option of setting higher standards. In the case of Article 5 of the PTD, Poland has adopted the language and obligations straight from the Directive with a few specific nuances.
Scope:
The new rules, including the right to information, are applicable to all job applicants regardless of the size of their prospective employer. However, the Act applies only to prospective employees and thus new obligations do not concern individuals planning to enter into non-employment civil law contracts, such as contracts of mandate or business-to-business contracts.
Definition of "Pay":
For purposes of informing the applicant about the job's "initial pay or its range," all components of remuneration for work, irrespective of their name or nature, as well as other work-related monetary or non-monetary benefits granted to employees must be included in the information provided to the applicant. Note the text of the law does not indicate that employers must be consistent in their choice to disclose either the starting salary or a salary range.
Informing the Applicant:
Information about the proposed remuneration
According to the Act, the employer will be required to provide applicants with information about the proposed initial pay (or its range) "in advance to allow the employee to familiarize themselves with the information." In practice, the information must be provided at one of the following stages:
- in the job posting for the position;
- prior to the interview - if the employer did not post the job or did not provide pay information in the job posting;
- at the latest, before the employment relationship is established - if the employer did not post the position, did not provide pay information in the job posting or prior to the interview.
Information about the collective bargaining agreement or remuneration regulations
Along with information about the proposed remuneration, the employer will have to provide the applicant with the relevant provisions of the collective bargaining agreement or remuneration regulations, if applicable.
The employer must provide all of the above information in paper or electronic form, allowing the applicant sufficient time to familiarize themselves with them.
Gender-neutral Job Titles and Postings:
The Act requires the job titles to be "gender neutral." According to the position recently published by the Ministry of Labour, the obligation to use neutral job titles will apply only at the job-posting stage. However, the wording of the Act may be interpreted as an obligation to use gender-neutral language to other documents used within the organization (e.g., employment contracts or internal regulations).
Additionally, job postings must be formulated in a gender-neutral manner and thus both titles and other expressions that may indicate gender should be adjusted to the principle of gender neutrality.
Although the Act does not provide for any specific enforcement mechanisms, the risk of non-compliance may result in the employer's facing an inspection by the labour inspectorate as well as discrimination claims.
What Steps Should Employers Take for Compliance?
Because many employers are only now starting to prepare for the PTD,/1 the Act may be the perfect opportunity for Polish employers to focus not only on the new recruitment obligations but also to overall PTD compliance. We recommend taking the following steps to prepare the organization for the upcoming regulations:
1. Take the opportunity to initially audit pay data: Although there is no reporting on the starting salaries / pay ranges that must be provided to the applicant, we recommend auditing the Polish compensation scheme to ensure the posted salaries are not contributing to a pay gap, as well as internal regulations to confirm that they comply with non-discrimination principles. An audit also allows employers an opportunity to test the objective criteria used to establish the starting salary / salary ranges. We recommend conducting the audit under the direction of legal counsel to guarantee that remuneration systems and internal regulations are compliant with Polish law and adjusted, as far as possible, to the upcoming pay transparency requirements.
2. Document objective criteria: As a recommended practice, document the use of objective and gender-neutral criteria. We recommend describing the method for determining initial pay or pay ranges in the form of an internal memo (e.g., with reference to job descriptions and external market data). For now, standardized job descriptions and external market data (compiled by reputable sources) are likely considered sufficient to demonstrate objectivity. However, as a result of the full implementation of the PTD, the Polish provisions may soon get more specific as to the acceptable criteria and ways of job value evaluation / pay setting. It should be noted that the Ministry of Labour and the Central Institute for Labour Protection are currently developing a free analytical tool for job evaluation, together with a corresponding guide (at present, only the initial draft versions of this tool and guide are available).
3. Audit and adjust the hiring process: Employers should adjust their recruitment processes by:
a. revising job postings templates to ensure that job titles as well as other expressions used within the documents are gender neutral/2;
b. implementing standard notice language for starting salary / salary ranges that can be used in template job postings and/or pre-interview communications;
c. reviewing and revising job postings that will be active from December 24 onward;
d. reviewing and revising recruitment interviews scenarios;
e. training talent acquisition teams and interviewers on the new requirements.
4. Audit and adjust additional documentation: It is also recommended to revise other internal documents (such as work regulations or organizational charts) to ensure that the job titles used are gender neutral.
What is the Status of the Full PTD Implementation in Poland?
Even though Poland has implemented a small portion of the PTD, it is still working to implement its remaining obligations. Generally, in Poland, draft laws transposing EU law (including directives) are prepared by the government. The relevant ministry or ministries prepare a draft, which is then submitted to the parliamentary legislative procedure. The adopted bill becomes law when it is signed by the President and published in the official journal.
On December 16 a draft act implementing the PTD in its entirety was published. It will be subject to further stages of the legislative process (including public consultations) and thus may be amended. Below are the key points of this draft:
- Unlike the implementation of Article 5 discussed above, the government plans to implement the rest of the PTD through a separate act (and slightly amend other acts, including the Labour Code).
- Job evaluation will be mandatory for all employers (with the four core evaluation criteria required to be used: skills, effort, responsibility and working conditions).
- Reporting obligations will apply to employers with at least 100 employees.
- Penalties for non-compliance may result in fines, as a rule, of up to PLN 50,000 (approx. USD 14,000), which is a relatively high penalty by Polish labour law standards.
- The draft act is expected to enter into force on June 7, 2026.
Conclusion
Although pay transparency obligations in recruitment are an important development, they constitute only the first step towards full pay transparency implementation. With the transposition deadline under the PTD set for June 7, 2026, employers should expect a considerable portion of new regulations in this area to enter into force in the coming months. It is thus necessary to continue to monitor the developments and actively engage in preparations for the upcoming requirements. Employers that have concerns about the alignment or defensibility of their current pay structures, salary bands, or ranges should consult with legal team.
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*/ Natalia Bigdowska is an attorney at Wardynski & Partners in Poznan, Poland.
**/ Joanna Dudek is an attorney at Wardynski & Partners in Krakow, Poland.
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See Footnotes
1/ Littler's eighth annual European Employer Survey Report (released November 2025) delves into how businesses are preparing for the PTD. More than 400 business leaders, in-house lawyers and HR executives from across Europe, 64% of whom hold C-suite or leadership positions, completed the survey. The 2025 survey found that just 24% of employers say they are very prepared for compliance, compared with 21% in 2024. As for the steps those who feel at least somewhat prepared to comply with the PTD have taken, none were selected by more than half. The top answer choices included identifying necessary changes to comply with the PTD (45%) and monitoring pay practices for inconsistencies (35%). Only about a third of respondents have taken fairly rudimentary actions like establishing a compensation task force (33%) and conducting an audit of pay practices and policies (30%). Ten percent have done nothing to prepare at all.
2/ To understand how to achieve gender neutrality in job titles and neutralizing other expressions please see Wardynski & Partners article Words matter - neutral language in employment.
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Original text here: https://www.littler.com/news-analysis/asap/polish-employers-receive-gift-eu-pay-transparency-obligations-recruitment
[Category: BizLaw/Legal]
In Fast Company, Nitish Upadhyaya and Michelle DiMartino Explain How to 'Read the Room' to Spot Culture Risks
BOSTON, Massachusetts, Dec. 18 [Category: BizLaw/Legal] -- Ropes and Gray, a law firm, issued the following news:
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In Fast Company, Nitish Upadhyaya and Michelle DiMartino Explain How to 'Read the Room' to Spot Culture Risks
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In Fast Company, Nitish Upadhyaya, Director of Behavioral Insights at Ropes & Gray's R&G Insights Lab and Michelle DiMartino, Organizational Research & Design Specialist at Ropes & Gray's R&G Insights Lab, authored an article titled, "Reading the room: How to spot culture risks at your company while you can still fix them," examining how organizations can detect
... Show Full Article
BOSTON, Massachusetts, Dec. 18 [Category: BizLaw/Legal] -- Ropes and Gray, a law firm, issued the following news:
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In Fast Company, Nitish Upadhyaya and Michelle DiMartino Explain How to 'Read the Room' to Spot Culture Risks
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In Fast Company, Nitish Upadhyaya, Director of Behavioral Insights at Ropes & Gray's R&G Insights Lab and Michelle DiMartino, Organizational Research & Design Specialist at Ropes & Gray's R&G Insights Lab, authored an article titled, "Reading the room: How to spot culture risks at your company while you can still fix them," examining how organizations can detectand address culture risks before they become a crisis.
Nitish and Michelle caution that annual engagement surveys, while useful, often capture abstract sentiment, lag real conditions, and can be skewed by social desirability bias. The result is false reassurance that misses emerging issues that drive attrition, harm reputation, and erode performance.
The authors advocate a more dynamic, experience-based approach: pair qualitative methods - confidential interviews and focus groups that surface real workplace stories - with behavioral indicators from human resources and helpline data to "read the room" in real time.
They offer a practical framework from cultural psychology - the four I's: Ideas, Institutions, Interactions, and Individuals - to diagnose where incentives, leadership signals, and day-to-day behaviors are misaligned. When leaders listen for signals across these dimensions and calibrate incentives, messaging, and practices accordingly, ethical decision-making becomes the natural path to success.
Culture, Nitish and Michelle conclude, is a living system that demands continuous, data-informed attention.
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Original text here: https://www.ropesgray.com/en/news-and-events/news/2025/12/in-fast-company-nitish-upadhyaya-and-michelle-dimartino-explain-how-to-read-the-room-to-spot-culture
HLB Files Pro Bono Amicus Brief Defending Access to Lifesaving Vaccines
LOS ANGELES, California, Dec. 18 -- Hooper, Lundy and Bookman, a law firm, issued the following news on Dec. 16, 2025:
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HLB Files Pro Bono Amicus Brief Defending Access to Lifesaving Vaccines
Hooper, Lundy & Bookman filed an amicus brief on December 16, 2025, in American Academy of Pediatrics v. Kennedy, a case pending in the U.S. District Court for the District of Massachusetts challenging recent actions by Secretary Kennedy that would operate to reduce access to lifesaving vaccines, including the COVID-19 vaccine, and otherwise adversely impact the healthcare system.
HLB was retained
... Show Full Article
LOS ANGELES, California, Dec. 18 -- Hooper, Lundy and Bookman, a law firm, issued the following news on Dec. 16, 2025:
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HLB Files Pro Bono Amicus Brief Defending Access to Lifesaving Vaccines
Hooper, Lundy & Bookman filed an amicus brief on December 16, 2025, in American Academy of Pediatrics v. Kennedy, a case pending in the U.S. District Court for the District of Massachusetts challenging recent actions by Secretary Kennedy that would operate to reduce access to lifesaving vaccines, including the COVID-19 vaccine, and otherwise adversely impact the healthcare system.
HLB was retainedon a pro bono basis by Defend Public Health, a consortium of leading public health experts, to present legal and public health perspectives for the court's consideration. Working alongside nationally recognized public health scholar Professor Wendy Parmet of Northeastern University School of Law, the brief raises critical concerns about the legality and public health consequences of the Secretary's actions.
This substantial effort was spearheaded by David Schumacher, Heather Romero, Julia Caldwell, and Bryan Gustafson, whose work reflects the firm's continued commitment to advancing public health through principled legal advocacy.
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Original text here: https://hooperlundy.com/hlb-files-pro-bono-amicus-brief-defending-access-to-lifesaving-vaccines/
[Category: BizLaw/Legal]