Tag: Employment law

Managing Employee Leave Requires Care, Consistency, and Awareness

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining operational continuity, employers must navigate leave issues with care, consistency, and legal awareness. Read on for a high-level overview of key leave laws and best practices […]

Battle of the Sexes: Federal and State Orders Don’t Erase Title VII Obligations

Employers may recall that earlier this year, President Trump signed an Executive Order (EO) limiting the recognition of gender to male and female. Texas Governor Greg Abbott then passed a similar directive shortly after and has also signed a bill into law that could affect how employers should address their employees. However, employers shouldn’t neglect […]

Employee Political Speech: Protected or Not?

Political discussions between employees at work become heated, negative political social media posts go viral, off-duty employees are photographed participating in off-duty protests, or workers show up at work wearing pins, buttons, or shirts emblazoned with political slogans. It seems these things are happening more frequently, and third parties are more willing to complain to […]

Biden

‘Independent’ Federal Agencies on Verge of Disappearing

One of the central facets of the unitary executive theory is that the executive branch of government should operate as a single, fully coordinated entity, with all decisions (major and minor) and all appointees (major and minor) reflecting the policies of the executive— e.g., the president, the sole person elected by a vote of all […]

Economic Headwinds: Navigating Layoffs with Care and Compliance

When budgets tighten—whether because of a federal government shutdown, grant cuts, manufacturing slowdowns, or a dip in tourism—some employers face the difficult decision to reduce staff. If layoffs are on the table, approach them with empathy, clarity, and legal diligence. Key considerations Consider these factors in connection with potential layoffs: Confirm layoffs are a last […]

States, NLRB Battle Over Authority Over Unionization

The disarray at the National Labor Relations Board (NLRB), now with only one member and an acting general counsel (GC), has prompted states to start acting on their own to provide methods of resolving labor disputes that the Board is unable to address and also to provide paths to union organizing, particularly for “gig” workers […]

DOJ Sending FCA Investigatory Letters on DEI

The U.S. Department of Justice (DOJ) has started investigating federal contractors and grant recipients for allegations that diversity, equity, and inclusion (DEI) programs violate antidiscrimination laws.  Background In addition to revoking Executive Order (EO) 11246, President Trump’s January 31, 2025, EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, also added a new certification requirement […]

H-1B Program Overhaul: New $100K Fee and Increased Enforcement

On September 19, 2025, the Trump administration issued a presidential proclamation imposing new restrictions on H-1B visa holders seeking to enter the United States. Subsequently, additional clarification was provided by the U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) on September 20, followed by a Department of State (DOS) H-1B FAQ […]

4th Circuit Decision Highlights Changed Adverse Employment Action Standard

The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t rise to the level of a pay cut, demotion, or termination. The effects of the Court’s decision were […]

DOJ’s Civil Division Initiates False Claims Act Investigations of DEI Practices

The U.S. Department of Justice (DOJ), Civil Division is sending civil investigative demands (CIDs) to federal contractors seeking information on their diversity, equity, and inclusion (DEI) practices under its authority to investigate False Claims Act (FCA) claims. Flowing from President Trump’s Executive Order 14173, which seeks to limit DEI efforts, the DOJ recently launched the […]