Andrea R. Lucas, the Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”), issued a letter on February 26, 2026, to the CEOs, general counsels and boards of directors of the 500 largest U.S. companies to remind them of legal obligations under Title VII of the Civil Rights Act of 1964. While framed as a … Continue Reading
On March 11, 2026, Washington state Governor Bob Ferguson signed a law prohibiting employers from requiring employees to have tracking chips implanted beneath their skin as condition of employment. Washington now joins Arkansas, California, Missouri and ten other states which have passed similar laws, all addressing advances in workplace surveillance technology.… Continue Reading
Although rare, from time to time an employer may sue a current or former employee who makes negative public comments about the employer. In such cases, the employer may allege that the employee’s comments constitute defamation or tortiously interfered with the employer’s business relationships. Not surprisingly, the threat of litigation can have a substantial deterrent … Continue Reading
On March 6, 2026, the United States Court of Appeals for the Sixth Circuit became the first federal appeals court to reject the National Labor Relations Board’s (NLRB or Board) 2023 decision in Cemex Construction Materials Pacific, LLC, in which the NLRB changed the standard for issuing affirmative bargaining orders requiring employers to recognize and … Continue Reading
As we previously reported here and here, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act (“FAA”) by invalidating clauses in employment agreements mandating arbitration of sexual harassment and sexual assault cases. The EFAA permits a claimant in a sexual assault or sexual harassment case … Continue Reading
From Albany to Manhattan, employers in some of the nation’s largest jurisdictions are facing significant legal changes. Staying ahead of these developments is essential to maintaining compliance and minimizing risk. This update highlights several key employment law changes in New York state and New York City that employers should be aware of now.… Continue Reading
In enforcing the National Labor Relations Act (Act), the National Labor Relations Board (NLRB or Board) exercises two principal functions: it supervises and conducts union representation elections through which employees decide whether be represented by a union, as well as decides cases involving alleged violations of the Act, referred to as unfair labor practice charges … Continue Reading
Today, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) proposing to rescind the 2024 independent contractor rule and reinstate—largely—the 2021 rule’s analytical framework for determining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposal would also expressly apply that framework to the Family and Medical … Continue Reading
Marijuana has been and is presently classified as a Schedule I drug under the federal Controlled Substances Act (CSA), defined as having high abuse potential with no accepted medical use (Schedule I also includes heroin, LSD and MDMA (commonly known as “ecstasy”)). First recommended by the Biden Administration in 2023, on December 18, 2025, President … Continue Reading
Job applicants often worry about what sorts of things may prevent them from obtaining a position. Although applicants may understand that a lack of qualifications or experience can work against them, they might not be as aware that recruitment and hiring tools used by employers may be working against them as well. The processes employers … Continue Reading
USCIS has announced that the FY 2027 H‑1B cap registration window will run from March 4 to March 19, 2026. During this period, employers seeking to sponsor H‑1B workers for this year’s lottery (covering employment beginning October 1, 2026) must use a USCIS online account to electronically register each beneficiary for the selection process and … Continue Reading
Records of criminal convictions can last a lifetime, and thus can bring a lifetime of difficulty for employees with a criminal conviction history in finding employment, leaving them significantly disadvantaged before they even make it into the interview room. Lack of employment or difficulty assimilating after spending time in the criminal justice system can further … Continue Reading
The Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) started out 2026 by announcing several new procedural protocols and updated guidance and policy goals.… Continue Reading
For a variety of reasons, including confidentiality and protection of trade secrets, many employers maintain policies that prohibit or limit employees from making audio or visual recordings in the workplace. These policies were targeted by the National Labor Relations Board (NLRB) under the previous Administration, which found them unlawful under the employee and union-friendly standard … Continue Reading
When Congress passed Title VII of the Civil Rights Act of 1964, it failed to address how a plaintiff is required to prove employment discrimination in the absence of direct evidence. Since then, a series of tests have evolved articulating how a plaintiff can defeat a defendant-employer’s motion for summary judgment relying on circumstantial evidence. … Continue Reading
Some Ohio construction businesses may need to prepare now for upcoming changes to state law imposing new requirements related to verifying worker eligibility.… Continue Reading
For nearly a year, the National Labor Relations Board has lacked a quorum of at least three confirmed members, and thus it has been unable to decide cases arising under the National Labor Relations Act, including unfair labor practice disputes and contested union representation cases. That ended on January 7, 2026, when two President Trump … Continue Reading
The United States Supreme Court recently heard oral argument in Trump v. Slaughter, a case centering on the March 2025 removal of Rebecca Kelly Slaughter as Commissioner of the Federal Trade Commission (“FTC”). As the court deliberates, a decision in favor of the government could limit or overturn Humphrey’s Executor v. United States (“Humphrey’s Executor”) … Continue Reading
State and local legislatures were active throughout 2025 in passing employment laws and ordinances concerning topics such as artificial intelligence, pay transparency, and paid leaves, to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. See our charts on U.S. state minimum wage and salary … Continue Reading
Earlier this year, Colorado adopted Senate Bill 25-144, expanding its Family and Medical Leave Insurance (“FAMLI”) program to become the first state to provide paid leave for employees taking care of an infant hospitalized in a neonatal intensive care unit (“NICU”).… Continue Reading
The National Labor Relations Board is set to regain a quorum of three Members following the Senate’s confirmation of Board nominees Scott Mayer and James Murphy on December 18, 2025. Mr. Mayer is joining the Board from a large aviation manufacturing company, where he served as chief labor counsel. Mr. Murphy is a former Board … Continue Reading
In response to the horrific November attack on National Guard members in Washington, D.C. and other geopolitical events, the President and U.S. immigration agencies have implemented initiatives and rolled out proposals to expand existing travel bans and dramatically increase vetting and personnel data collection of visa applicants and travelers entering and exiting the United States. … Continue Reading
Overview U.S. Citizenship and Immigration Services (USCIS) has implemented major changes to Employment Authorization Document (EAD) policies. These updates end the automatic 540‑day extension for most EAD renewals and reduce the maximum EAD validity period to 18 months for certain categories, including adjustment of status applicants, asylum seekers and refugees.… Continue Reading
It is a common practice across employers of all sizes and industries to pay employees on a biweekly (every two weeks) payroll cycle. With 52 weeks in a year, that means 26 pay periods in a year. But every decade or so, an unusual circumstance arises in which employees who are paid biweekly will have … Continue Reading
