Tag: Employment law

BYOD to Court? Mitigate Risks of Your ‘Bring Your Own Device’ Practice

Cell phones are a quintessential tool in modern society, including within the realm of employment. Many employers use various data networks that allow employees to access and store the employer’s data on their own personal cell phones or other personal devices under “bring your own device” (BYOD) practices. Allowing employees access to employer data from […]

bias

Watch for Ways to Remove Weight Bias from your Workplace

Weight is not a protected characteristic in most civil rights laws, meaning workplace discrimination based on weight is largely permitted. There is some momentum to include weight as a protected category in civil rights laws, however, given the growing body of research on the impact of weight bias. Employees who have high body weight may […]

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 […]