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Employment Law

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.

Dismiss racist taunts at your peril

07/09/2025
The cardinal rule for racist slurs and jokes is this: Never ignore a complaint without an investigation or assume an innocent intent. And watch what you say in emails!

Extended leave for disabled spouse? Maybe

07/09/2025
Under the ADA, there’s no obligation to reasonably accommodate a spouse’s illness. But a recent case in California under that state’s ADA equivalent may portend a trend.

Bystander harassment reporter has rights, too

07/07/2025
The EEOC has long said that one of the keys to stopping workplace harassment is to encourage bystander reporting, where individuals witnessing or hearing about apparent harassment report what they saw or heard to HR. But sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger.

No, you can’t deny accommodation over aesthetics

06/30/2025
Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.