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Employment Law

National Guard deployments create employer obligations

09/02/2025
As the White House deploys National Guard units to cities like Los Angeles and Washington, D.C., in increasing numbers, now is a good time for employers to review their obligations under the Uniformed Services Employment and Reemployment Rights Act and the Family and Medical Leave Act.

Using tip credit? Beware dangers of requiring work before and after tipped shifts

08/30/2025
Here’s a warning to employers that routinely use a tip credit when compensating tipped employees, but also require them to perform additional work before the beginning of their tipped work and after the tipped part of the day ends.

NLRB to states: Don’t enact bills assuming board can’t enforce NLRA

08/25/2025
The National Labor Relations Board’s lead attorney is pushing back against pending legislation in California, Massachusetts and New York that would allow state agencies to adjudicate private-sector union disputes and supervise union elections if the NLRB continues to operate without a quorum.

5th Circuit freezes 3 cases while courts consider NLRB’s constitutional status

08/25/2025
A three-judge panel of the 5th Circuit Court of Appeals on Aug. 19 said court orders barring the NLRB from pursuing unfair labor practices cases against SpaceX and two other companies should remain in place while their constitutional challenges are being litigated.

Shifting views on discrimination challenge DEI momentum

08/25/2025
Public opinion on discrimination in the U.S. is shifting—and with it, perceptions of diversity, equity and inclusion initiatives. At the same time, skepticism about whether DEI programs reduce discrimination is growing.

NLRB acting general counsel tells employers and unions to work things out

08/18/2025
Effective August 7, regional NLRB offices will first check whether the alleged unfair labor practice falls within a collective bargaining agreement and could be resolved under the contract.

Accommodation could include return to office

08/18/2025
A recently filed case puts a different spin on telework accommodations. A disabled employee asked to return to the office five days a week as her accommodation.

Consensual quid pro quo still carries liability

08/13/2025
So-called quid pro quo sexual harassment occurs when the punishment happens when the quid—sexual activity—isn’t delivered and the employee is demoted or terminated. But there’s another version of quid pro quo harassment in which the pro quo is agreed to. Can the subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

Lawsuit seeks to force EEOC to process gender-identity harassment claims

08/11/2025
Since the beginning of the Trump administration, the EEOC has done an about-face on recognizing gender identity as a protected class under Title VII.

Court rejects ‘indefinite’ ADA leave

08/11/2025
In recent years, federal courts have consistently sided with workers who have run out of leave and still need more time off before returning to work. However, there is a limit to how much time the disabled employee can take off.