As employers prepare for open enrollment and the upcoming benefits season, now is a good time to revisit the basics of Section 125 plans. Section 125 plans are named for the IRS code that authorizes them. Section 125 authorizes employers to offer certain benefits on a tax-favored basis through a written benefit plan. Most commonly known as Cafeteria Plans, they are also known as Premium Only Plan, Premium Conversion Plan, or Flexible Benefits Plan.

On August 6, 2026, Sen. Bernie Sanders reintroduced the Guaranteed Paid Vacation Act, legislation that would establish a federal right to paid annual vacation for workers. Rep. Seth Magaziner introduced companion legislation in the House with support from 86 House members.

The U.S. Equal Employment Opportunity Commission (EEOC) is making it clear that supporting employees during pregnancy is a growing workplace priority. Under its latest Strategic Enforcement Plan that launched in June, the agency is aggressively targeting workplace failures to accommodate pregnancy-related limitations. They are actively targeting companies of all sizes with over 15 employees, and recent federal filings reveal that traditional, rigid HR policies are no longer legally...

Since the administration changed in 2025 and the Equal Employment Opportunity Commission (EEOC) regained a quorum after a period of significant disruption, the agency's enforcement priorities and approach have shifted. Despite the uncertainty and transition, 2025 marked a record year for EEOC settlements, resulting in the highest monetary recoveries in the agency's history.

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.

Michigan employers may want to keep a close eye on proposed legislation that could significantly impact how organizations communicate with employees outside of scheduled work hours.

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.

As organizations move into the second half of the year, HR leaders have an opportunity to evaluate whether policies, practices, and documentation remain aligned with changing business needs and compliance requirements. A mid-year compliance review helps organizations identify risks early, correct inconsistencies, and avoid last-minute year-end challenges. Mid-year reviews are increasingly becoming a best practice for organizations looking to shift from reactive compliance management to a...

Most employers are conditioned to prepare for January 1 as the major deadline for workplace law changes, but mid-year legislative updates can be just as significant.

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.

One of the biggest risks for employers operating in multiple states is keeping pace with a patchwork of rules that can shift quickly and differ by location. This makes it essential to continuously monitor federal and state developments, verify guidance against primary sources, and adjust policies and pay practices promptly. A change that applies in one jurisdiction may not apply or may apply differently in another.

Each day can bring a wave of labor law changes that directly impact workplace posting requirements, making it essential for businesses to review and update their labor law posters. Do you know if your labor law posters are compliant?

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...