Walk into many convenience stores across the country, and you’ll likely see gummies, vapes, and tinctures labeled “Delta-8.” These THC-infused products are quickly becoming more and more accessible, and this accessibility is...more
3/13/2026
/ Appellate Courts ,
Best Practices ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Off-Duty Employees ,
Policies and Procedures ,
Regulatory Requirements ,
State Labor Laws ,
Termination ,
Unemployment Benefits
As the Department of Labor’s (DOL) composition ebbs and flows from administration to administration, so does the guidance employers receive on one of the most challenging questions in workforce management: Should workers be...more
3/12/2026
/ Comment Period ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
New Regulations ,
Proposed Rules ,
Totality of Circumstances Test ,
Wage & Hour Division (WHD) ,
Wage and Hour
According to a February 27, 2026, 2-1 decision by the U.S. Equal Employment Opportunity Commission (EEOC) in Selina S. v. Dep’t of the Army, the EEOC determined that it does not constitute sex discrimination for federal...more
3/6/2026
/ Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employees ,
Gender Identity ,
Government Agencies ,
Private Sector ,
Sex Discrimination ,
State Labor Laws ,
Statutory Interpretation ,
Title VII ,
Transgender
Questions about employee monitoring, especially electronic monitoring, come up regularly these days. Monitoring can involve email, computer log-in history, surveillance cameras, GPS devices, and various types of production...more
2/20/2026
/ Consent ,
Corporate Monitoring ,
Data Privacy ,
ECPA ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Privacy Rights ,
Employment Policies ,
NLRA ,
Personal Data ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
State Privacy Laws ,
Stored Communications Act ,
Surveillance
On January 16, 2026, a federal jury in Atlanta awarded $5.5 million to a security guard who alleged that her security company’s vice president of operations sexually harassed her....more
2/12/2026
/ Anti-Harassment Policies ,
Civil Rights Act ,
Damages ,
Emotional Distress Damages ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Negligent Supervision ,
Punitive Damages ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and...more
2/6/2026
/ Affirmative Action ,
Anti-Discrimination Policies ,
Best Practices ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Regulatory Requirements ,
Risk Management ,
State Attorneys General ,
State Labor Laws ,
Strict Scrutiny Standard ,
Texas ,
Title VII
The Fair Credit Reporting Act (FCRA) may not be the first employment law that comes to mind when an employer wants to reduce legal risks and avoid potential pitfalls....more
1/30/2026
/ Adverse Action ,
Artificial Intelligence ,
Background Checks ,
Background Screening Services ,
Compliance Monitoring ,
Consent ,
Consumer Privacy Rights ,
Consumer Reporting Agencies ,
Consumer Reports ,
Disclosure Requirements ,
Employer Responsibilities ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Machine Learning ,
Notice Requirements
The EEOC voted 2-1 along party lines to rescind the 2024 Enforcement Guidance on Harassment in the Workplace in its entirety. The EEOC’s objections to the guidance primarily related to the sections of the guidance regarding...more
1/27/2026
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Guidance Update ,
Harassment ,
LGBTQ ,
Rescission ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Harassment Guidance
While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon....more
1/22/2026
/ Anti-Harassment Policies ,
Best Practices ,
Employee Training ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Enforcement Actions ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
New Guidance ,
Policies and Procedures ,
Title VII ,
Workplace Harassment Guidance
The U.S. Department of Labor’s (DOL) Wage and Hour Division welcomed the new year by issuing six new opinion letters on January 5, 2026 — four regarding the Fair Labor Standards Act (FLSA) and two regarding the Family and...more
1/16/2026
/ Bonuses ,
Compliance Monitoring ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Responsibilities ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Regulations ,
Minimum Wage ,
Misclassification ,
New Guidance ,
Non-Exempt Employees ,
Opinion Letter ,
Over-Time ,
Timekeeping ,
Travel Time ,
Unpaid Overtime ,
Wage and Hour
Employers should be thinking about whether to address the following areas of workplace compliance in 2026. These items on the employer to-do list are not all for the month of January, but don’t forget to come back to them...more
1/9/2026
/ ABC Test ,
Artificial Intelligence ,
Audits ,
Confidentiality Policies ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
Flexible Work Arrangements ,
Independent Contractors ,
Misclassification ,
Non-Compete Agreements ,
Policies and Procedures ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
Work Schedules
We’ve all been there: An employee takes time off (think FMLA or other protected leave), and then you need to take an adverse employment action. Can you do so and risk the inevitable retaliation claim?...more
1/2/2026
/ Adverse Employment Action ,
Appellate Courts ,
Best Practices ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Interference Claims ,
Managers ,
Notice Requirements ,
Performance Reviews ,
Retaliation ,
Summary Judgment ,
Termination ,
Wrongful Termination
For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more
7/30/2025
/ Breach of Contract ,
Change in Control ,
Contract Terms ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Executive Compensation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Severance Agreements ,
Termination
At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more
1/31/2025
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
Workplace Harassment Guidance ,
Workplace Safety
Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis.
Here are 10 things to think about as you prepare for a possible crisis:
Where is your...more
On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule...more
6/20/2024
/ Apprenticeships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Energy Sector ,
Final Rules ,
Inflation Reduction Act (IRA) ,
IRS ,
Notice of Proposed Rulemaking (NOPR) ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Requirements ,
U.S. Treasury ,
Wage & Hour Division (WHD) ,
Wage and Hour
When is the FTC’s rule effective?
The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is...more
4/29/2024
/ Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago,...more
3/14/2024
/ Employee Training ,
General Duty Clause ,
Healthcare ,
Labor Code ,
New Legislation ,
OSHA ,
Public Safety ,
Texas ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs