Brewed for Trouble: Starbucks’ $39M NYC Settlement Puts Predictive Scheduling Laws in the Spotlight

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

In a landmark agreement, Starbucks Corporation has agreed to pay nearly $39 million to resolve allegations that it violated New York City’s Fair Workweek Law, sending a powerful message to employers nationwide about the risks of ignoring local predictive scheduling requirements. The settlement, announced by the city’s Department of Consumer and Worker Protection (DCWP) on December 1, 2025, is one of the largest of its kind and underscores the growing importance and complexity of compliance with scheduling ordinances.

Continue Reading

How California Employers Can Prepare for New Employment Laws Taking Effect in 2026

Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Wage & Hour

The 2025 legislative cycle in California once again produced several bills that substantially expand and reform employer obligations in the Golden State. These laws add new workplace notice requirements, broaden leave and rehiring protections, expand personnel file and recordkeeping obligations, and modify rules governing pay transparency, independent contractor status, and labor relations. Most provisions take effect in 2026, with some extending into 2027 and beyond.

Collectively, these laws add new layers of complexity to existing employer responsibilities, making it more important than ever for employers to proactively prepare for the 2026 changes. Below are key steps employers can take to get ready for these new requirements.

Continue Reading

Social Media Scrutiny: What the New H-1B and H-4 Visa Policy Means for Your Workforce

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

Beginning December 15, 2025, the U.S. Department of State (DOS) will significantly expand its social media screening practices to include all H-1B Nonimmigrant Worker visa applicants and their H-4 dependents applying for visas at U.S. Embassies and Consulates abroad. The H-1B visa allows U.S. employers to temporarily hire foreign workers for professional jobs that require specialized education, such as doctors, engineers, financial analysts, university professors, scientists, tech professionals, and others.  

Continue Reading

EEOC Powered Up: How Employers Can Level Up

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

The EEOC is back on track, with a restored quorum, funding, and a well-defined agenda that aligns with the current administration’s policies. As the agency embarks on new policy initiatives, resumes rulemaking, and works to clear its case backlog, employers can take measures to ensure optimal preparedness.

Continue Reading

NYC Expands Safe and Sick Time Requirements: What Employers Need to Know Before February 22, 2026

Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

New York City employers just received another compliance deadline to add to their calendars. On February 22, 2026—120 days after enactment—amendments to the Earned Safe and Sick Time Act (ESSTA) will significantly expand employee leave rights. The amendments add new categories of permissible leave, impose frontloaded annual leave obligations, and continue employer reporting requirements. While the changes are still weeks away, employers should start reviewing their existing policies, handbooks, and payroll systems now to avoid compliance gaps.

Below is a breakdown of the most significant changes and their practical implications.

Continue Reading

AI in Hiring: Emerging Legal Developments and Compliance Guidance for 2026

Posted in Employment Counseling & Workplace Claims Prevention

AI isn’t just on the horizon—it’s already screening millions of resumes, scoring video interviews, and ranking candidates in HR systems across America. In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. As these tools become more prevalent, lawmakers, regulators, and attorneys are responding rapidly. The result is a legal landscape evolving faster than most compliance teams can track. For employers, staying informed isn’t optional—it’s essential. Here’s what to expect in the year ahead.

Continue Reading

A Big, Beautiful Break: IRS Gives Employers Relief on 2025 Tip and Overtime Reporting

Posted in Employee Benefits, Tax, Wage & Hour

Since the enactment of the “One Big Beautiful Bill Act” (OBBBA) on July 4, 2025, employers have awaited guidance on recordkeeping and reporting obligations related to the law’s “no tax on tips” and “no tax on overtime” deductions. The IRS has now announced that, for the 2025 tax year, employers will not be penalized for not separately reporting tips or overtime pay on tax forms, giving organizations time to adjust to these significant changes. While this transition relief eases immediate compliance concerns, new reporting requirements will take effect in 2026, and employers should use this period to review payroll systems and recordkeeping practices. Employers are also encouraged to help employees claim available deductions by providing information about their tips and overtime, and should stay alert for further IRS guidance as implementation continues.

Continue Reading

Legal Boundaries of Workplace Expression: Lessons from the BLM Display Decision

Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations

Although employers cannot routinely rely on “special circumstances” to restrict employee expression in the workplace, a recent federal court decision confirmed that employees’ rights in this area are not unlimited. Specifically, the U.S. Court of Appeals for the Eighth Circuit recently vacated and remanded a 2024 NLRB decision that found a large hardware retailer violated federal labor law by banning a “Black Lives Matter” (BLM) insignia from a Minnesota store employee’s uniform following George Floyd’s death, relying upon the “special circumstances” exception.

Continue Reading

Who Turned Out the Lights? The Impact of a Prolonged Government Shutdown on Private Employers

Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Immigration Planning & Compliance, Labor Relations

We are several weeks into a federal government shutdown, which might be on pace to be the longest in U.S. history. Time will tell whether this shutdown is record-breaking. In the meantime, the impact on federal employees is plain; some are furloughed, while other essential workers are left to work without pay. But less obvious — though very real — is the ripple effect of a shutdown on private employers. Many administrative and even judicial matters may have come to a halt; however, employers should devise their own contingency plans and use this time to regroup and be ready for when the lights go back on.

Continue Reading

Blanket Non-Competes Under Fire: What the FTC’s Gateway Action Means for Employers

Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Non-Compete & Trade Secret Litigation

Recent years have seen dramatic federal regulatory and enforcement activity regarding employee non-compete agreements. Under the Biden administration, the Federal Trade Commission (FTC) adopted a sweeping rule to ban nearly all non-compete clauses nationwide, but that rule was struck down by a federal court in 2024. After this judicial setback, rather than defend the broad ban of non-competes, the FTC instead shifted to targeting specific non-compete agreements it considers unfair under Section 5 of the Federal Trade Commission Act (FTC Act), especially those that are overly broad or lack legitimate business justification.

Last month, the FTC issued a proposed consent order against Gateway Services, Inc. and Gateway US Holdings, Inc. (collectively, Gateway), addressing the companies’ use of non-compete agreements for employees in the United States. Gateway required nearly all employees — regardless of their role — to sign non-compete agreements barring them from working in the pet cremation industry nationwide for a year after leaving their employment with Gateway. Over 1,780 employees were affected, from executives to hourly workers. The FTC found these sweeping restrictions stifled competition and limited job opportunities, arguing that any legitimate business interests that Gateway had could be protected with less restrictive measures.

Continue Reading

LexBlog