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.
Protected Concerted Activity and the NLRA: When Employees Speak Up, Employers Should Slow Down
Posted in Employment Counseling & Workplace Claims Prevention, Labor RelationsMany 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.
Employer-Sponsored Immigration Programs Amid Litigation: Key Developments and Planning Considerations
Posted in Employment Counseling & Workplace Claims Prevention, Immigration Planning & ComplianceIn 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.
DOL Proposes Joint Employer Rule: Key Implications for Employers
Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Wage & HourThe 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.
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 LitigationConsider 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.
When a Third‑Party Investigator Is the Smart Move
Posted in Employment Counseling & Workplace Claims Prevention, Employment Investigations & AuditsChoosing 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.
