• HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Here we go again

09/07/2026
Two weeks ago, we reported on a case in which the only Black employee was separated from her peers during a diversity, equity and inclusion (DEI) training. As the only Black employee, she was placed in a separate Zoom breakout room during the training. The EEOC sued on her behalf, likening her exclusion to illegal… View Article

FMLA versus paid state leave

09/07/2026
Question: “Why would someone take FMLA (unpaid) when they can take paid family leave under a state law? A.T., Florida  Answer: Many states now offer some form of paid leave. Often, this leave overlaps with FMLA leave. For example, a state may offer six weeks of paid leave for an employee’s own serious health condition… View Article

Appeals court orders trial in vaccine refusal case

09/07/2026
While it’s been years since the peak of the COVID-19 pandemic, religious discrimination law is still being made through so-called refusal to vaccinate lawsuits started back then. Judges moving these cases to trial are increasingly finding the religious claims behind vaccine refusal as valid, prompting jury trials in which employers must defend their claims that… View Article

EEOC updates strategic plans for 2026-2030

09/07/2026
The EEOC has updated its strategic plan, effective immediately, by a 3-1 vote of the commissioners. The plan emphasizes the following priorities and outlines how the agency will achieve success: Certain DEI employment practices Religious accommodation issues Protection of American workers from anti-American national origin discrimination Protection of vulnerable workers Systemic harassment Liability under the… View Article

New H-1B applications to cost $103,265

09/07/2026
The Department of Homeland Security is updating the cost and scope for filing an H-1B petition. Soon, employers will have to pay a $103,265 fee with each petition to sponsor a foreign worker for one of the limited number of visas available. The proposal is open for public comments until September 25 and goes further… View Article

EEOC sues over immediate demand for doctor’s note

09/07/2026
In a case that shows how serious the EEOC is about enforcing federal laws protecting pregnant workers, the agency has again sued an employer for lacking flexibility when it comes to pregnancy accommodations under the Pregnant Workers’ Fairness Act (PWFA) and inadequate supervisor training. The three-year-old law requires employers with 15 or more workers to… View Article

Recent accommodation settlements

09/07/2026
A slew of recent lawsuit settlements highlights the cost of discrimination in the workplace and refusing to make reasonable accommodations. While some settlements are modest, most lawsuits could have been avoided entirely. And each settlement shows a calculated decision by an employer to settle a case early in litigation for a set sum rather than… View Article

California passes “neural data” workplace law

09/07/2026
California’s legislature has passed legislation that bars employers from tracking an employee’s emotional state or collecting an employee’s neural data using artificial intelligence (AI). AB 1833 awaits California Governor Newsome’s signature. The legislation is similar to other bills being considered in other states as the use of AI for employee monitoring is increasing. The bill… View Article

Handbooks and smart glasses

08/31/2026
Here’s a new threat for HR to worry about. “Smart” glasses look just like ordinary glasses but have embedded technology that allow the wearer to, among other features, take pictures of others or record video. And those functions may violate privacy, whether used by employees, customers or clients. If you don’t have policies regulating their… View Article

Trial ordered in pregnancy dismissal case

08/31/2026
A federal court judge has ordered a trial in a pregnancy discrimination and failure to accommodate case in which an employee allegedly informed Amazon that she was pregnant and soon found herself cut out of overtime and then without a job. The lawsuit highlights the number of federal employment laws that protect pregnant workers. Recent… View Article