Tag: Employment law

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 […]

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 […]

metoo

Love on the Clock: 4 Tips for Managing Workplace Relationships 

From iconic on-screen couples to tangled webs of fictional workplace drama, office romances have long captured the public’s imagination. But these storylines reflect a very real dynamic that employers often face and must address.   Romantic relationships in the workplace are common and complicated, often bringing with them issues like favoritism, conflicts of interest, and […]

An HR Leader’s Guide to Elevating the Employee Handbook

Employee handbooks are meant to be a compliance cornerstone. Yet new research from Brightmine shows many organizations may be falling behind in keeping them current. Fewer than half (48%) of HR professionals surveyed feel very confident that their organization’s handbook accurately reflects all current employment law requirements that are applicable to their company. A handbook […]

disability

Don’t Drag Your Feet on Accommodation Requests

All day long you give me the runaround When you say something here, You mean something there You give me the runaround Same thing yesterday, Same thing the day before from “Runaround” by Tulsa songwriter J. J. Cale Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to employees with a disability, […]

Supreme Court Eliminates ‘Background Circumstances’ Test for Title VII Claims

In a unanimous decision, the U.S. Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for nonminority groups under Title VII of the Civil Rights Act of 1964. What Changed? Typically, in Title VII cases, employees must show they are members of a protected class, they were qualified for the job […]