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Employment Law

Democrats introduce bill to reverse dismantling of EEOC harassment guidance

03/09/2026
The Equal Employment Opportunity Commission, under Andrea Lucas’ leadership, recently voted to undo the extensive harassment guidance it issued back in 2024. That did not sit well with some members of Congress, who have now introduced a bill that would reverse the EEOC’s reversal.

FTC bans noncompetes in two cases

03/09/2026
The Federal Trade Commission’s attempt to ban almost all noncompete agreements does not mean that the agency isn’t suing employers for using noncompete agreements that the FTC believes are anti-competitive. Most recently, the agency identified two cases where employers went too far.

Court clarifies line between microaggressions, management style

03/09/2026
Harsh words or acts like excluding someone from a meeting may reflect a management style that, while uncomfortable, does not create a hostile work environment. A recent case distinguishes the two and offers lessons to employers on telling the difference.

DOL moves forward with new FLSA and FMLA independent contractor regulations

03/09/2026
Andrew Rogers, the Wage and Hour Division administrator, said the 2024 final regs were too restrictive and that the 2026 proposed regs adhere more faithfully to courts’ interpretations of the FLSA. But he also predicted that more workers would be classified as independent contractors if the proposed regs are finalized.

EEOC chair warns employers about DEI discrimination risks

03/09/2026
In a letter sent to chief executives, general counsel and board chairs, the agency’s leader emphasized that workplace initiatives tied to diversity, equity and inclusion must still comply with longstanding protections under Title VII of the Civil Rights Act of 1964.

NLRB General Counsel Memo upends rules

03/09/2026
The National Labor Relations Board’s new general counsel, Crystal Carey, takes the position that the agency should hear fewer cases and that regional offices should be less aggressive in pursuing employers over workplace rules.

Yes, you’re entitled to specifics about claimed disability

03/02/2026
Not all medical conditions that individuals have are covered disabilities under the law. To count, the individual must have a physical or mental condition that substantially impacts a major life function. That’s the test for whether employers must accommodate.

Lessons from the first worst employer of the year

03/02/2026
The Equal Employment Opportunity Commission has sued a Tennessee employer for alleged practices that should have died in the last century. It’s a warning that all employers need to make sure every division, location and supervisor understands what’s acceptable and what can never be tolerated under any circumstances.

DOL announces proposed final independent contractor rule

03/02/2026
To make classification easier and better understood by businesses and the workers they seek to employ or contract with, the proposed rule uses a single definition of who is an employee under other federal laws.

EEOC’s enforcement shift means more lawsuits for employers

03/02/2026
Discrimination lawsuits involving allegations not within the EEOC’s priorities will increase in direct relationship to the types of cases the agency is prioritizing. Think more age, race, sexual orientation and gender identity, genetic information, equal pay and disability discrimination cases.