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facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn.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
Non-union private sector employers cannot ignore labor law just because their employees are not represented by a union. Non-union private sector employers must fully comply with labor law developments because all of their employees are protected by the National Labor Relations Act (Act), even in the absence of union representation. As a result, non-union private … Continue Reading
This summer, the U.S. Department of Labor (DOL) came in hot, making — and proposing to make — changes to workplace rules that could affect employers of all industries. The DOL of the new administration is certainly diving right in, but do employers need to sweat the changes? This post breaks down the new and … Continue Reading
Workplace laws are beginning to reflect a new reality: employees are connected to work around the clock through smartphones, messaging apps, and remote-work platforms. While many companies treat after-hours communication as part of their culture, some lawmakers have been busy considering whether employees should have a legal right to ignore employer communications outside of working … Continue Reading
Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due to a recent proposal by the U.S. Department of Labor, Wage and Hour Division (DOL), to rescind its 2013 final rule … Continue Reading
Employer sponsored 401(k) investment menu offerings may be getting richer in diversified assets, including private equity, cryptocurrency, and other alternative asset investments, based upon a recent executive order signed by President Donald Trump on August 7, 2025, entitled “Democratizing Access to Alternative Assets for 401(k) Investors.” The Order directs the U.S. Department of Labor (DOL), … Continue Reading
The “One Big Beautiful Bill Act” (OBBBA), the sweeping, comprehensive budget legislation enacted on July 4, 2025, seeks to fulfill several key campaign promises of President Donald Trump. Among those promises, the OBBBA makes good on Trump’s pledge to reduce taxes on tips and overtime for workers. Employers with tipped workers, particularly those in the hospitality … Continue Reading
Even in a shifting legal landscape, some things stay constant – such as an employer’s obligation to provide sexual harassment prevention training to its employees. While federal law does not explicitly require all employers to provide sexual harassment training to their employees, many state and local laws either require or strongly recommend that such trainings … Continue Reading
At a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate wellness programs. These programs promise to reduce healthcare costs, boost productivity, and foster a culture of well-being. But with these benefits come … Continue Reading
In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In Ames v. Ohio Department of Youth Services, the Court unanimously rejected the “background circumstances” test, a judicial standard requiring white, male, heterosexual, or otherwise … Continue Reading
The 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting window is shorter than usual, and the EEOC has made it clear there will be no … Continue Reading
