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...

Recent enforcement activity by the Equal Employment Opportunity Commission is sending a clear message to employers: compliance with the Pregnant Workers Fairness Act (PWFA) is not optional or open to interpretation. Since the law took effect and the final rule was issued in 2024, the agency has actively pursued litigation against organizations that fail to meet their accommodation obligations. For HR professionals, these cases offer practical insight into where risk is highest and where...

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...

Michigan has enacted significant updates to the Youth Employment Standards Act (YESA) that affects how employers hire, schedule, and manage employees under the age of 18. These changes were enacted through Public Act 196 of 2024 (House Bill 5594). HR professionals should focus on phased compliance following current rules now while preparing for substantial system and scheduling changes in 2026.

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. 

For organizations, the upcoming April 24, 2026, deadline tied to Americans with Disabilities Act (ADA) web and mobile accessibility compliance is more than a technical issue. It’s a workforce, risk, and inclusion priority.

With recent military activity involving Iran, some employees may be called to support armed forces operations. The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to nearly all employers, regardless of size, including the federal government, and is enforced by the U.S. Department of Labor, which investigates related complaints.

On March 26, 2026, President Donald J. Trump signed an Executive Order (EO) focused on the elimination of racially discriminatory “diversity, equity, and inclusion” (DEI) practices by federal contractors and their subcontractors, ensuring merit-based and efficient contracting and employment.  This Executive Order focuses specifically on race discrimination within DEI, aligning with the administration’s broader emphasis on nondiscrimination policies related to White...

Onboarding new employees can be a smooth, automated process these days, but it comes with a catch: the dreaded “no-show” hire. You’ve sent the offer, watched them complete online forms, even collected Section 1 of the I-9 and then… nothing. They never show up for their first day.

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the chief executive officers, general counsel, and board chairs of 500 of the largest employers. These companies employ over 30 million workers and exert significant influence over the livelihood of millions of Americans. 

Laws around employment background checks are constantly in motion. Employers must stay up to date with the changes, especially when they work in multiple states. What you can do in one state, and sometimes in one county, is not allowed in another state or county.

Terminations can become more complicated when an employee, during or after offboarding, claims the decision was based on a disability. These claims may involve cognitive conditions, such as autism or ADHD, or physical conditions, such as chronic pain or medical disorders. While these situations can feel high-risk, the legal framework for evaluating them is consistent and manageable when employers follow sound practices.

On February 27, 2026, the Department of Labor’s Wage and Hour Division issued a proposed rule to update the independent contractor rule and to rescind the previous administration’s rule.  The definition of an independent contractor has been long argued since the Fair Labor Standards Act (FLSA) was first passed in the 1930s.  The courts found that the FLSA never defined an independent contractor (IC) and as a result, a variety of court and federal administrative...

December 18, 2025, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act.  However, currently, marijuana is still a Schedule 1 drug until otherwise notified, and there are nuances that HR needs to be aware of.