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Employment Law

Fear of retaliation silences workplace harassment victims

02/23/2026
The numbers tell a troubling story: While 77% of employees say their organization places a high priority on preventing workplace harassment, nearly a third don’t feel fully protected—and fear of retaliation is the primary culprit.

White male reverse-discrimination lawsuit shows pre-choice peril

02/17/2026
Just a few weeks after EEOC Chair Andrea Lucas took to social media site X to plea for white men who believe they have been discriminated against because of their race, sex or both to file complaints, a plaintiff has filed a failure-to-hire lawsuit based on reverse discrimination.

USERRA opinion letters coming soon

02/17/2026
Dubbed SALUTE for Support and Assistance for Leaders in USERRA Training and Employment, the program allows employers to ask for technical assistance to better understand their obligations. In effect, employers can ask the DOL’s Veterans and Training Service for help and may receive an opinion letter that they can rely on if challenged later.

New NLRB process may help employers skip more labor charges

02/17/2026
Instead of sending complaints directly to investigators as soon as they’re filed, the complaints go to what’s basically a holding file. That means many frivolous cases will be tossed out without ever having been seen by an NLRB investigator if the information isn’t submitted within two weeks.

Still doing noncompetes? Watch new state laws

02/17/2026
If you’re still utilizing noncompete agreements, there’s news on the state front. Many states that regulate their use set earnings limits below which noncompete agreements can’t be enforced and update those limits every year. This year is no different.

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.