When employers use AI tools to help decide who is selected for termination, the risk is not always an obviously flawed tool. The more practical risk is that the tool may appear objective while missing important context HR and leadership need before turning a recommendation into a final decision. That is where the “rubber stamp” … Continue Reading
Pay transparency laws continue to expand across the United States, creating new compliance obligations for employers that post jobs, recruit candidates, set compensation ranges, or maintain pay records across multiple jurisdictions. As we have previously covered, jurisdictions across the country have continued to adopt and expand laws aimed at arming job applicants with more information … Continue Reading
For decades, EEOC regulations have required covered private employers and certain federal contractors to file annual EEO-1 workforce reports identifying employees by job category, race/ethnicity, and sex, and to maintain related records. In July, the EEOC proposed rescinding those reporting and recordkeeping requirements. Employers should not cross EEO-1 off their compliance lists yet. Until a … Continue Reading
Earlier this year, a Hamilton County, Ohio, jury delivered a verdict that should command employers’ attention. The case began with what should have been a straightforward pregnancy accommodation request: an employee in a high-risk pregnancy asked to work from home after emergency surgery and a physician’s order for bed rest. The employer denied the request … Continue Reading
The National Labor Relations Board’s recent decision in Inland Waters Pollution Control, Inc., covered here in our latest blog on protections for aggressive bargaining proposals, was notable in its own right; however, it also marks the beginning of something larger for employers. As we previously discussed, the Board spent the past year and a half … Continue Reading
The National Labor Relations Board’s recent decision in Inland Waters is significant for employers not only for what it says about bargaining proposals, but also for what it signals about the direction of federal labor law under the Board’s emerging management friendly majority. In Inland Waters Pollution Control, Inc., 375 NLRB No. 15 (July 29, … Continue Reading
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 … Continue Reading
Many 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 … Continue Reading
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
