Terminations

Planning a layoff

10/04/2026

Question: “We are looking at the prospect of some layoffs this fall. I understand that we can’t use FMLA leave taken or coming up as a reason to pick someone for the layoff list. But I’m also not confident that the performance reviews we do want to use to rank workers by productivity may not…

NLRB issues employer-friendly decision

10/04/2026

The National Labor Relations Board (NLRB), which enforces the National Labor Relations Act (NLRA), has issued its first big decision after gaining a Republican majority. The case overturns a Biden-era rule that required employers to meet a multi-prong test to justify firing a worker for poor behavior during union activities. Instead, employers merely must prove…

Employees volunteering time

09/27/2026

Question: “As a company, we are experiencing a decline in sales and may have to conduct a layoff. We have been open about it. Now, several employees have proposed clocking out early and continuing working to help us make payroll. What’s the risk?” J.M., Alabama Answer: Under no circumstances can you legally allow work to…

Non-prescribed music therapy didn’t qualify for FMLA leave

09/27/2026

When a child has a serious health condition, an otherwise eligible employee who is that child’s parent can take FMLA leave to care for the child. But before a child is deemed to have a serious health condition, the child must be under treatment by a health care provider or participate in a treatment program….

For employers with Salvadoran TPS workers, confusion reigns

09/21/2026

This summer, the Supreme Court ruled that the Trump administration can legally terminate temporary protected status (TPS) – an immigration classification that allows individuals from countries designated as unsafe for their return – when it sees fit. That opened the way for the Department of Homeland Security (DHS) to eliminate TPS for a long list…

Tracking intermittent leave and attendance rules

09/14/2026

Employees who suffer from chronic serious health conditions that flare up unpredictably can request intermittent FMLA leave. Employers should make sure they request and receive an appropriate intermittent leave certification from the employee’s health care provider. That certification will spell out an estimate of how often and for how long each flareup likely will last….

Deportations and W-2s

09/14/2026

Adapted from Alice Gilman: Here’s a new wrinkle for your payroll department and getting those W-2s out by the February 1, 2027 deadline that HR needs to pay attention to. This will require close cooperation between HR and the payroll department. Work with payroll now to consider the options and proactively reach out for the…

DHS tells employers Haitian TPS work authorizations officially cancelled

08/03/2026

The Department of Homeland Security (DHS) has officially ended Temporary Protected Status (TPS)-linked employment authorizations for Haitians effective last week. The announcement came as a follow-up to the U.S. Supreme Court decision in Mullin v. Doe, in which the court determined that DHS has the authority to terminate TPS for citizens of countries that no…

I-9s and revoked EADs

07/13/2026

Question: “We are a childcare center and employ several Somali citizens who had Temporary Protected Status when hired and they provided their work authorization documents when they filled out I-9 forms last year. What’s our next move? Do we really have to fire them?” A.P., MN Answer: Maybe. But there are a few steps you…

What Supreme Court agency firing ruling means for employers