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Employment Law

Senate confirms NLRB nominees, cementing Republican majority

08/17/2026
Before the Senate went on August recess, it confirmed two White House nominees to serve as members of the National Labor Relations Board (NLRB). One nominee, David Prouty, is a current member and a Democrat whose term would have expired in August. The other nominee is James Macy, a Republican. He joins Chairman James Murphy… View Article

What’s good for the goose? Court upholds adage

08/17/2026
Employers have sexual harassment and hostile work environment rules in place for a reason – namely to promote a civil workplace free from unnecessary distractions and actions that may trigger lawsuits. Those rules need to apply to everyone. A recent case tests the idea that the alleged victim of sexual harassment can retaliate with her… View Article

Federal contractor? Vetting remote IT hires crucial

08/17/2026
Last year, the Department of Justice (DOJ) filed criminal charges against a Maryland man accused of assisting foreign IT workers posing as U.S. citizens with obtaining remote IT jobs in the U.S. All told, the man, Minh Phuong Ngoc Vong, managed to place North Korean IT workers operating out of China in at least 13… View Article

OpenAI settles claim it avoided recruiting Americans

08/17/2026
One of the few ways citizens of other countries can receive permanent residence status and a path to citizenship is through the PERM program. PERM stands for Program Electronic Review Management, which is a DOL process that employers use to hire foreign workers when they cannot find qualified, willing and able U.S. workers to take… View Article

Creating training that doesn’t trigger lawsuits

08/17/2026
Employers need to train workers for many reasons. These include complying with state laws, training to prevent sexual and other harassment, making sure employees understand safety rules and generally trying to create a harmonious, equitable and inclusive workplace. But recently, training programs have caught the attention of the White House and federal agencies like the… View Article

Unpaid leave and no discussion may violate ADA

08/17/2026
Generally, under the ADA, employers are free to choose the reasonable accommodation they prefer when more than one is available. But now a federal appeals court has questioned if unpaid leave is reasonable if there’s no evidence the employer considered different options. That’s because the ADA also requires that employers engage in an interactive accommodations… View Article

EEOC lawsuit reflects expansive view of PWFA

08/17/2026
The EEOC recently sued automotive lighting manufacturer North American Lighting under the Pregnant Workers Fairness Act (PWFA). The lawsuit highlights the agency’s expansive view of the PWFA. For example, the lawsuit claims the company violated the PWFA when it refused to allow a new mother the right to continue to take a milk pumping break… View Article

HR professionals: Check your privilege?

08/09/2026
A recent study sheds light on why some applicants or employees do better than others when negotiating a starting salary or pay increase. The Massachusetts Institute of Technology’s Sloan School of Management conducted a research study that included 1,100 human resource professionals confronted with applicants who were told they could negotiate their compensation. The study,… View Article

Education key to avoiding pregnancy discrimination and accommodations claims

08/09/2026
Even though the Pregnancy Discrimination Act (PDA) has been around since 1978 and the Pregnant Workers Protection Act (PWFA) is now over three years old, employers are still being sued regularly over refusals to hire or accommodate applicants who are pregnant. Often, the EEOC spearheads these lawsuits. The current chair of the EEOC, Andrea Lucas,… View Article

DOL says employers need fast back-to-work plans

08/09/2026
The Department of Labor recently urged employers to adopt stay-at-work programs for workers who are injured or disabled to prevent those workers from leaving the workforce. At the 2026 Disability Management Employer Coalition annual conference, DOL’s assistant secretary of labor for disability employment policy, Julie Hocker, urged employers to work with employees facing health or… View Article