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Employment Law

How to craft a ‘no recording’ handbook rule

02/09/2026
Back in late 2025, the NLRB laid out a new rule on when employers may ban workers from carrying and using recording devices, including phones and other smart devices like Apple watches. That new rule told employers that banning recording via a handbook rule was presumptively an NLRA violation, and employers have a heavy burden to prove their handbook rule is legal. Now an NLRB administrative judge has clarified what employers must show to justify a no-recording handbook rule.

DOL touts PAID program successes

02/09/2026
The Biden administration nixed the program largely because it allowed employers to avoid penalties and the doubling of unpaid wages the FLSA allows the DOL to assess for violations if only they confessed to their mistakes and told the DOL. PAID is now back and open to employers who want to resolve FLSA problems as well as Family and Medical Leave Act issues.

Lunchroom food rules may lead to discrimination charges

02/09/2026
If you’ve had to create lunchroom rules based on what employees are bringing to eat or heating up in the microwave, it’s time to rethink that strategy. An employer recently paid $200,000 to a couple whose discrimination lawsuit began with a co-worker’s complaint about allegedly “pungent” Indian food and deteriorated from there.

EEOC alters rulemaking and litigation decision-making process

02/09/2026
The shift makes it more likely that changes championed by Chair Andrea Lucas will move forward faster than many expected, with less deliberation by other commissioners and agency staff.

Court allows trial for worker fired for FMLA abuse

02/02/2026
Consider this scenario, another in a long line of examples showcasing why FMLA intermittent leave poses a major headache for employers but is a law with which they must comply.

Solid job description key to denying accommodation after hire

01/26/2026
The Americans with Disabilities Act was passed to allow qualified disabled workers the opportunity to enter the workforce if they can perform the essential functions of their job with or without a reasonable accommodation. But employers shouldn’t assume a disabled applicant can’t perform the job even with an accommodation before they hire the otherwise qualified applicant.

EEOC rescinds 2024 harassment guidance

01/26/2026
The 2024 guidance was a 20-years-in-the-making comprehensive harassment guidance employers used to clarify their obligations under Title VII and other federal laws to prevent and remedy workplace harassment.

New independent contractor rules land at White House

01/26/2026
On Jan. 7, the White House Office of Information and Regulatory Affairs and the Office of Management and Budget received a proposed rule from DOL’s Wage and Hour Division. Those are the offices in the White House that review proposed regulations before they’re published in the Federal Register and set for a comment period or final approval.

EEOC launches new PWFA lawsuit

01/26/2026
It’s becoming clear that the EEOC intends to use litigation as the preferred tool to enforce the Pregnant Workers Fairness Act (PWFA) until employers understand their obligation to accommodate pregnant workers in a way that preserves earnings whenever possible. To that end, the EEOC just sued U.S. Steel in a case that highlights how not to handle pregnancy at work.

DOL issues new FMLA opinion letters

01/26/2026
Last week, we shared with our readers the first set of 2026 opinion letters issued by the Department of Labor (DOL). Those covered tricky questions under the Fair Labor Standards Act. This week, we bring you two more opinion letters covering the Family and Medical Leave Act.