September 10, 2026

Labor and Employment Newsletter

3 min

Motive Matters: The Second Circuit Reframes Title VII Religious Accommodation Claims

As religious accommodation requests continue to receive heightened attention from courts and enforcement agencies, employers face increasing scrutiny over how they evaluate, document, and respond to those requests. Against this backdrop, the U.S. Court of Appeals for the Second Circuit recently clarified the standard governing religious accommodation claims under Title VII of the Civil Rights Act of 1964.

Third Circuit Holds That "Overtime Gap Time" Claims Are Not Actionable Under the FLSA

The U.S. Court of Appeals for the Third Circuit recently held that the Fair Labor Standards Act (FLSA) does not provide a remedy for "overtime gap time" claims—compensation for non-overtime hours worked in a pay period when an employee has also worked overtime. The decision in Secretary of the United States Department of Labor v. Comprehensive Healthcare Management Services LLC deepens an existing circuit split that may ultimately draw the attention of the U.S. Supreme Court.

Back to School for Independent School Boards: Governance, Enrollment, and Financial Sustainability

Each school year brings new and varied challenges for independent schools. As stewards of their schools, boards of trustees must be prepared to weather the storm of shifting enrollment trends, transitions of leadership, budget constrictions, the legal landscape, and other developments the school year may bring. Boards can build a strong foundation for the rest of the year by affirming the school's mission and strategic direction, defining the board's role in leading the school, shoring up essential board documents, and planning for their schools' ongoing sustainability.

Attorney Spotlight

Teresa Biviano

Andrew Shapiro: Equity awards are often granted with great care but receive little attention afterward. At least once a year, companies should review their equity plan records to confirm that grants were properly approved and documented, vesting schedules are accurate, required tax elections (such as Section 83(b) elections) have been made in a timely manner where applicable, and exercises, forfeitures, and expirations have been correctly reflected in company records. A simple annual "equity award health check" can help identify administrative issues before they become costly legal or tax problems.

 

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. Allison Gotfried, editor of this newsletter, invites you to share the content with your colleagues and reach out with any questions.