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.… Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
According 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 … Continue Reading
State 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 … Continue Reading
A 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 … Continue Reading
In 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 … Continue Reading
In response to economic pressures, many private employers are exploring ways to reduce labor costs. Whether the approach involves reducing hours, implementing furloughs, or conducting layoffs, it is essential for companies, especially those operating in multiple states, to understand the legal environment.… Continue Reading
Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, including portions addressing gender identity and sexual orientation. The guidance was intended to help … Continue Reading
Understanding joint employer liability is critical for companies in the franchise sector, as it directly impacts risk management and compliance. If the American Franchise Act (AFA) were enacted, it would provide significant guidance to franchisors and franchisees regarding the circumstances under which either party would be considered a joint employer, and thus potentially liable for … Continue Reading
With the start of the new year, California Assembly Bill 692 (AB 692) is now in effect, introducing sweeping new restrictions on employment agreements that include so-called “stay-or-pay” provisions — terms requiring employees to repay money or incur financial consequences if they leave employment before a specified period. These provisions have become increasingly common in … Continue Reading
The United States Department of Labor (DOL) just rang in 2026 with six new opinion letters addressing various employer practices under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The letters cover a broad range of scenarios, including employer discretion to reclassify exempt employees, overtime calculations involving non-discretionary bonuses, … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
As the effects of the pandemic continue to feel more and more like a distant memory, a sweeping “return-to-office” (RTO) trend is underway. Often motivated by collaboration goals and productivity gains for bringing staff back on-site, RTO mandates may cause employers to wrestle with complex legal compliance issues during the transition, and spark employee morale … Continue Reading
