When “No” Costs Millions: Mishandling Pregnancy Accommodation Requests

Posted in Disability, Employment Counseling & Workplace Claims Prevention, Employment Litigation, Medical & Other Leaves

Earlier this year, a Hamilton County, Ohio, jury delivered a verdict that should command employers’ attention. The case began with what should have been a straightforward pregnancy accommodation request: an employee in a high-risk pregnancy asked to work from home after emergency surgery and a physician’s order for bed rest.

The employer denied the request because the doctor’s note lacked enough detail and an end date. When the employee returned with a more specific letter explaining that remote work was needed “to prevent further complications with her high-risk pregnancy,” the employer denied the request again and offered unpaid leave instead. Unable to lose her income and health insurance, the employee returned to the office. Two days later, she was hospitalized and delivered at 20 weeks. Her baby did not survive.

In a grim irony, the employer approved the work-from-home request the same day she went into labor — but only after an HR manager at her husband’s workplace warned that the denial appeared improper. The executive who reversed course reportedly replied, “Thank you. You just saved us a lawsuit.” It was too little, too late.

What followed was not a typical accommodation lawsuit with familiar limits and predictable remedies, but a wrongful death claim that dramatically expanded the stakes. For employers, the lesson is direct: delay, rigid process, and poor documentation can turn a routine HR decision into costly legal, operational, and reputational exposure.

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The Bigger Picture: Biden-Era Precedents on the Chopping Block

Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

The National Labor Relations Board’s recent decision in Inland Waters Pollution Control, Inc., covered here in our latest blog on protections for aggressive bargaining proposals, was notable in its own right; however, it also marks the beginning of something larger for employers. As we previously discussed, the Board spent the past year and a half unable to overturn labor-friendly precedent because it lacked the necessary three votes. James Macy’s Senate confirmation on August 7, 2026, changes that dynamic. The Board now has a three-member Republican majority — Chairman Murphy, Member Mayer, and Member Macy — with the votes to act, a significant backlog of pending cases, and several Biden-era decisions expanding employee and union protections squarely in its sights. For a deeper discussion, listen to our Akerman Angle podcast episode on what a new Board majority could mean for employers.

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The Table Is Yours: NLRB Protects Bold Bargaining as New Majority Ramps Up

Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

The National Labor Relations Board’s recent decision in Inland Waters is significant for employers not only for what it says about bargaining proposals, but also for what it signals about the direction of federal labor law under the Board’s emerging management friendly majority. In Inland Waters Pollution Control, Inc., 375 NLRB No. 15 (July 29, 2026), the Board held that the mere act of making a bargaining proposal at the table does not constitute an unlawful threat under Section 8(a)(1) of the National Labor Relations Act. While the case also involved unfair labor practice findings against the employer for unlawfully discharging two employees who participated in a strike, the Board’s treatment of the bargaining-proposal issue represents a significant and favorable clarification of the law for management. The decision effectively establishes that employers retain broad latitude to propose contract language during negotiations without automatically exposing themselves to independent unfair labor practice liability based solely on the content of a proposal.

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DHS Final Rule Ending Duration of Status for F, J, and I Nonimmigrants May Complicate Workforce Planning

Posted in Employment Counseling & Workplace Claims Prevention, Immigration Planning & Compliance

Employers that rely on international F-1 students working under OPT or STEM OPT, J-1 exchange visitors, or foreign media personnel should take note of a significant U.S. Department of Homeland Security (DHS) final rule published on July 17, 2026, which would eliminate the longstanding “Duration of Status” (D/S) admission framework for F, J, and I nonimmigrants and replace it with fixed admission periods beginning September 15, 2026, although the final rule is subject to congressional review.

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Protected Concerted Activity and the NLRA: When Employees Speak Up, Employers Should Slow Down

Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

Many employers believe that federal labor law, such as the National Labor Relations Act, only applies to unionized workforces. In reality, most private-sector non-unionized employees are protected by the NLRA too, which means employee conversations, complaints, petitions, or other shared workplace concerns may qualify as protected activity, even when there is no union, no organizing campaign, and no collective bargaining agreement.

Missteps in responding to protected concerted activity can result in unfair labor practice allegations, scrutiny of workplace policies, and remedial obligations.

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Employer-Sponsored Immigration Programs Amid Litigation: Key Developments and Planning Considerations

Posted in Employment Counseling & Workplace Claims Prevention, Immigration Planning & Compliance

In June 2026, two federal court decisions created potential implications for employers sponsoring foreign national employees and individuals with pending immigration benefit applications. Although the cases involve different USCIS policies and arise from separate legal challenges, both have immediate operational implications and underscore the uncertainty that ongoing immigration litigation can create for employers.

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DOL Proposes Joint Employer Rule: Key Implications for Employers

Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Wage & Hour

The U.S. Department of Labor (DOL) has proposed a new joint employer rule that could significantly expand employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The new proposal would create a single nationwide standard for determining when multiple entities may be deemed joint employers — an important development for businesses that rely on staffing agencies, subcontractors, franchise models, or other multi-entity workforce arrangements. The proposed rule, which was announced April 22, 2026, is now open for a 60-day public comment period.

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AI-Enhanced Misappropriation: When Departing Employees Leave with More Than Just Client Lists

Posted in AI, Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Non-Compete & Trade Secret Litigation

Consider the scenario: a higher-up employee uploads six months of internal strategy documents into a generative AI tool, generates a ten-page competitive playbook synthesizing the company’s pricing models, customer relationships, and go-to-market plans, and resigns the next morning. Nothing was forwarded, downloaded, or copied in the traditional sense—but the employer’s most valuable information just walked out the door in a new form.

Artificial intelligence has rapidly transformed workplace productivity. Employees now routinely use generative AI tools to summarize documents, organize information, draft communications, and analyze large datasets. But those same tools are also creating new trade secret, confidentiality, data security, and restrictive covenant risks that many employers have yet to confront.

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When a Third‑Party Investigator Is the Smart Move

Posted in Employment Counseling & Workplace Claims Prevention, Employment Investigations & Audits

Choosing the right investigator for a workplace complaint is one of the most consequential decisions an employer will make once concerns are raised. Whether the investigation is conducted internally by an HR team member or by a neutral third‑party investigator can influence how critical evidence is preserved, how credible the findings are, and whether the employer’s ultimate decisions are defensible. Making the right choice can help the complainant feel heard, surface key facts quickly, and support informed decision‑making. The wrong choice, on the other hand, can turn an otherwise manageable issue into a costly and time‑consuming problem if litigation ensues.

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New York Joins the Growing Wave of States Restricting Credit Checks in Employment

Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation

A new amendment to New York’s Fair Credit Reporting Act has significantly restricted employers’ use of consumer credit history in employment decisions. The amendment follows the lead of New York City’s existing Stop Credit Discrimination in Employment Act, which already prohibits most city employers from requesting or using an applicant’s or employee’s credit history when making employment decisions.

Here’s what employers need to know about the new amendment, and when credit checks may still be on the table.

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