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.
New York Joins the Growing Wave of States Restricting Credit Checks in Employment
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationA 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.
Religious Accommodations in the Post-Groff Era: Navigating the Supreme Court’s “Substantial Increased Cost” Standard
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationAccording to the EEOC, religious discrimination charges have increased steadily over the past decade. Post-Groff, the stakes for getting accommodation decisions wrong have never been higher. Whether you’re fielding a request for schedule flexibility, dress code exceptions, or vaccination exemptions, the legal framework has fundamentally shifted.
When an employee requests a religious accommodation, employers often have practical, time-sensitive questions: What information should we gather? What can we ask (and what should we avoid)? How do we assess whether a belief is “sincerely held”? How might the requested change affect operations? And what does “undue hardship” mean, especially after Groff?
New Jersey’s Proposed Ban on Height and Weight Discrimination: What Employers Should Know
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationState and local employment laws continue to evolve in ways that can catch even well‑prepared employers off guard. New Jersey’s latest legislative effort is a good example. A bill pending in the New Jersey Legislature would add height and weight to the list of protected characteristics under the New Jersey Law Against Discrimination (NJLAD), placing the state among a small but growing group of jurisdictions that expressly regulate appearance‑based bias in the workplace. While the proposal is still working its way through the legislative process, it reflects a broader national trend that employers — particularly those with multistate operations — should not ignore.
FY 2027 H-1B Cap Petition Filing Opens April 1: Key Considerations for Employers and Employees
Posted in Immigration Planning & ComplianceThe release of H‑1B lottery results has significant consequences for both employers and their foreign national employees. Although selection is welcome news, it does not confer H‑1B status; it merely authorizes the employer to file an H‑1B petition during the April 1–June 30 filing window. The H-1B petition must be approved by USCIS before an employee can obtain H‑1B status.
While H-1B petition approval rates have exceeded 90 percent in recent years, approval is not automatic. USCIS has historically scrutinized H-1B petitions for issues, including whether an H-1B position qualifies as a specialty occupation — requiring at least a bachelor’s degree (or equivalent) in a field directly related to the role; whether the beneficiary possesses the required degree or equivalent credentials; whether a valid employer–employee relationship exists; and whether the beneficiary has maintained lawful immigration status.
While these adjudication issues remain relevant, recent developments in immigration law introduce additional considerations for employers and employees selected in the FY 2027 H‑1B lottery.
When One Harassment Claim May Put the Whole Case in Court
Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & RetaliationA single sexual harassment allegation may do more than add one more claim to an employment complaint — it may also affect where the entire case gets litigated. In a recent decision, the U.S. Court of Appeals for the Sixth Circuit addressed a question that could have significant consequences for employers with arbitration agreements: when a plaintiff brings a sexual harassment claim alongside other employment claims, can the employer still compel arbitration of the non-harassment claims? At least under the Sixth Circuit’s reading of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), the answer may be no.
Navigating Uncertainty: How U.S. Employers Can Support Their Employees During Times of War
Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other LeavesIn periods of global conflict, the effects of war often extend well beyond the battlefield. Employees may be called to military service, support deployed family members, worry about loved ones abroad, or simply feel the emotional strain of ongoing uncertainty. For U.S. employers, these moments can raise not only operational and legal issues, but also questions of leadership, communication, and workplace culture. Supporting employees during times of war requires both practical awareness and empathy. Employers that understand the issues most likely to arise and respond thoughtfully will be better positioned to support their workforce while maintaining compliance and stability.
USCIS Opens FY-2027 H-1B Cap Registration: Key Updates for Employers
Posted in Immigration Planning & ComplianceU.S. Citizenship and Immigration Services (USCIS) has announced that the FY-2027 H-1B cap registration period will run from March 4, 2026, through March 19, 2026. During this period, employers seeking to sponsor foreign national professionals may submit electronic registrations through the USCIS online portal to enter candidates into the annual H-1B selection process.
The FY-2027 cap season introduces notable changes to the H-1B selection framework, including the implementation of a wage-weighted lottery system and the continued application of a $100,000 payment requirement for certain H-1B petitions approved for consular processing.
The Employer’s Winter Games: New York’s Q1 2026 Legal Update
Posted in Employee Handbooks & Policies, Employment Discrimination Harassment & Retaliation, Wage & HourMuch like the season’s unpredictable snowstorms, recent developments in New York’s state and local employment laws have arrived quickly and with the potential to disrupt even the most carefully charted workplace policies. This year’s regulatory forecast calls for more than just sturdy boots to ensure your organization doesn’t slip on the latest changes. Read on for an overview of everything employers with employees in New York need to know as Q1 comes to a chilly close.
Déjà Vu for Employers: DOL Moves to Reinstate Prior Independent Contractor Test
Posted in Wage & HourThe U.S. Department of Labor (DOL) has once again proposed a significant change to the federal standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), as well as the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). On February 27, 2026, the DOL published a Notice of Proposed Rulemaking that would rescind the 2024 rule and readopt the 2021 rule’s analysis with a few modifications, including clarifications on “economic dependence,” new illustrative examples, and harmonization across the FLSA, FMLA, and MSPA. This move is intended to provide greater clarity and predictability for employers and workers navigating the increasingly complex landscape of worker classification.
