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Employment Law

Detailed personnel records defeat bias claim

07/28/2025
Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues.

Which DOL regs could vanish? Top 4 to watch

07/28/2025
The Department of Labor has identified over 60 regulations for elimination. These are the top four regulations slated for elimination that most affect employers.

Equal pay: Document how and why jobs differ

07/22/2025
The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

EEOC resumes processing some gender-identity cases

07/21/2025
The EEOC has partially reversed course, resuming processing gender-identity cases but with additional agency review. According to an internal email from the EEOC’s director of field operations, Thomas Colclough, cases will again be processed, with limitations.

Trump nominates two NLRB members, reaching board quorum

07/21/2025
Both are expected to face little opposition on Capitol Hill and will most likely be confirmed sometime in August. When they are seated, the NLRB will again be able to officially act.

Morning sickness may also qualify as ADA disability

07/21/2025
If a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

Check your policies and stay cognizant of antisemitism at work

07/14/2025
Jonathan Segal, a partner at Duane Morris LLP, tells HR professionals to stay cognizant as he witnesses “an explosion and evolution” of antisemitic views. He advises them to condemn antisemitism as they would other workplace -isms.

OBBBA may trigger overtime requests

07/14/2025
Already, news stories and social media posts are circulating suggesting ways for employees to take advantage of new tax savings even if they don’t currently earn overtime “required under the FLSA.” Because the tax shelter is immediately effective, expect employees to ask HR for ways to take advantage of the savings.

A half-hour absence = 7 years of FMLA fallout

07/09/2025
Pregnancy-related absences deserve thoughtful handling, not timecard traps that end careers.

How discrimination beliefs are driving resistance to DEI initiatives

07/09/2025
When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.