AI is being integrated into many HR functions, from scheduling and recruiting to performance management and compensation decisions. While HR processes are not fully automated, the growing use of AI in these areas can create legal and compliance risks for employers.

Many employers have social media, code of conduct, and respectful workplace policies designed to support a productive work environment and protect the organization's reputation. As employees increasingly share their views on political events, social issues, and government actions through social media and other public platforms, HR professionals are often faced with difficult questions about the limits of employee speech.

IRS mileage rate increases to $.76 per mile: In Announcement 2026-11, 2026-29 I.R.B. 49, the IRS amended Notice 2026-10, 2026-4 I.R.B. 378, which sets the standard mileage rates for 2026.

As always, the final days of June bring a wave of decisions from the U.S. Supreme Court on major cases. This year was no exception, with four rulings that could have a direct or indirect impact on employers and human resources practices.

As the workforce continues to age, employers are facing new challenges that HR professionals must recognize and address. One significant concern is cognitive decline. While often associated with advanced age, cognitive changes can begin affecting individuals in their 50s. At the same time, older employees are remaining in the workforce longer than ever before.

In most cases, terminating an employee while they are on FMLA leave is risky and should only occur under limited circumstances. For example, termination may be appropriate if the employee is part of a broader layoff affecting multiple employees or if the decision to terminate was fully documented and finalized before the employee began FMLA leave. Otherwise, employers may face claims of FMLA interference or retaliation, which can result in significant legal and financial liability.

On May 27, 2026, the EEOC sent a proposal to the Office of Management and Budget's Office of Information and Regulatory Affairs that would rescind the 1979 interpretative rule, 29 CFR 1608, titled "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964."  There is very little information as to the reasoning for this action, but it aligns with the administration’s approach to diversity and affirmative action. Further, if this regulatory action...

Taylor Swift may have sung "It's Me, Hi, I'm the Problem, It's Me," but in many organizations, HR has claimed that title – whether they want it or not. From accusations of creating bureaucracy instead of cutting through it, to being seen as the policy police rather than a people advocate, HR departments have long wrestled with a reputation problem. But is that reputation deserved? Are HR professionals truly the obstacle standing between a thriving company culture...

Does AI really have religious impact on employees? Maybe. Recently, Pope Leo XIV’s first encyclical called “Magnifica Humanitas” covered the dramatic impact of AI on workplaces, noting that AI is not "morally neutral" and urging employers to focus on the "protection of employment opportunities" and "the irreplaceable role of the individual" as they deploy high-tech tools. Note that Pope Leo does not ask whether technological progress should...

As the federal government is pursuing a more laissez-faire approach to AI regulation, the states are picking up the slack. The two most recent states with AI regulations are Colorado and Connecticut. 

Under the Supreme Court’s Muldrew doctrine, any term or condition that could impact or affect the employment opportunities of an employee, even when there are no visible changes to pay or benefits, could possibly lead to discriminatory discharges.  Some harm must still be demonstrated, but plaintiffs are no longer required to prove that the harm was “significant,” “substantial,” or “material.” In effect, the threshold for bringing discrimination...

Regulating AI and determining who should oversee it has become a major focus of the current administration. On July 23, 2025, President Trump issued three significant Executive Orders related to AI alongside the release of Winning the AI Race: America’s AI Action Plan. Together, these initiatives outline four primary policy objectives:

Although political fighting is at an all-time high in Washington DC, both parties are in agreement with tackling the joint employer conundrum.  The Department of Labor promulgated its proposed rule for joint employment. The regulation, titled Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act and Migrant and Seasonal Agricultural Worker Protection Act, contains guidance for when "horizontal" joint employment exists and four factors for...

A memorandum dated April 17, 2026, directed to the Chief Acquisition Officers, et. al., by the Executive Order 14398 (EO 14398 or EO) of March 26, 2026, titled “Addressing DEI Discrimination by Federal Contractors” clarifies EO requirements that required a clause to be included in all federal contracts and subcontracts starting on April 25, 2026. EO 14398 specifically establishes that agencies should not do business with contractors that engage in any racially discriminatory...

The U.S. Immigration & Customs Enforcement (ICE) issued new rules regarding substantive and technical violations of Form I-9 on March 16. 2026. These rules have changed several technical violations into substantive violations.  The difference is the amount of the fine per day if the violations are found in an ICE audit.