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.  

So, your organization is growing? That’s great and something most organizations plan for; however, this accompanies legal requirements that creep up often faster than leaders expect. Employment laws, benefits requirements, and reporting obligations are frequently triggered by employee count, making growth an exciting but risky phase if compliance isn’t planned for in advance. Understanding which requirements apply at each stage of growth allows employers to prepare, avoid costly...

It happens. An employee is accused of sexual harassment and an investigation follows. Word spreads. Initial findings appear to support the claim, but later evidence emerges – voicemail messages of the accuser telling the accused they couldn’t wait to meet at their usual motel, explicit sexts from the accuser to the accused, or even on-the-record, sworn admissions by the accuser that the relationship was consensual and the allegations were false.

Something is shifting in the employment law landscape and it’s happening faster than many HR teams realize. Over the past year and into 2025, there’s clear evidence that discrimination charge activity at the U.S. Equal Employment Opportunity Commission (EEOC) remains elevated and evolving.

Executive Order 14173 reshaped the compliance landscape for federal contractors and employers more broadly. The order revoked EO 11246 on contractor affirmative action, directed a 90 day wind-down period with agencies operating under class deviations until the FAR Council takes action, and introduced new False Claims Act exposure by requiring contractors and grantees to certify nondiscrimination compliance. It also placed DEI-related practices across all employers under increased scrutiny...

Many employers invest heavily in employee training and development, and to protect these investments, they often use "stay‑or‑pay" clauses also known as Training Repayment Agreements (TRAPs) which require employees to repay training costs if they leave voluntarily within a specified period. These agreements, while once widely accepted, are now increasingly challenged due to evolving state laws and legal scrutiny.

Starting April 18, 2026, New York State will limit employers’ ability to use credit checks in employment decisions, joining a growing number of states and cities that have enacted similar restrictions. Previously, only New York City had prohibited most credit checks for hiring and employment purposes, but the new amendment to the New York State Fair Credit Reporting Act extends these protections statewide. Like other jurisdictions, the law prohibits employers, labor organizations, and...

2026 is shaping up to be a year of major shifts in employer‑provided benefits thanks to the recent passage of the One Big Beautiful Bill Act (OBBBA). While much of the early attention focused on overtime pay and tax changes, the legislation also brings important updates for benefit plans, flexible spending accounts, and family‑focused savings vehicles.

The California Civil Rights Department (CRD) has updated and expanded on the pay reporting required in 2026. Pay reporting is due May 13, 2026.  The CRD published preliminary reporting sheets and FAQs for employers with 100 or more employees who have locations in California.  The employee count is based on total employees (full-time, part-time, etc.) in the U.S., including California.  The requirements also include a separate report by employers who engage labor contractors.

The question of docking an exempt employee has been raised on hotline calls over the past month.  As a general rule, an exempt employee cannot be docked unless it is for five consecutive business days, but there are exceptions to this general rule.

In a case recently decided by the U.S. Second Circuit Court of Appeals, which covers New York, the court ruled that mandatory anti-bias training can support a claim for a racially hostile work environment if it repeatedly portrays a specific race in negative or stereotypical terms. Not all implicit bias training is leading to an EEO charge, but the facts in this case are similar to the trainings that were present in trainings banned during President Trump’s first administration.

Earlier this fall House Resolution 5267 was introduced for consideration by Congress. The bill is called the American Franchise Act (AFA). It seeks to clarify and establish consistency around what a joint employer technically is.

Depending upon the Administration in Washington, every few years labor law reform legislation gets introduced in Congress. Among other proposed legislation, the Democrat’s had their Protect the Right to Organize Act (PRO Act) that would have thrown many pro-labor requirements into national labor law.  Now it’s the Republicans’ turn.