Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

New Employee Benefits Developments for New York Employers

Employers operating in New York face several new employee benefits requirements that require attention. Also, recent developments and litigation trends are increasing compliance and fiduciary risk. Required for 2026—New York State Law On October 8, 2025, New York State launched the New York State Secure Choice Savings Program (the “Program”). The Program is designed to […]

Court’s Ruling Offers Cautionary Tale for Clients Using Generative AI

When a party communicates with a publicly available AI platform in connection with a legal dispute, are the party’s communications protected by the attorney-client privilege or work product doctrine? In one of the earliest decisions on this issue, Judge Jed S. Rakoff—an influential judge in the Southern District of New York—held that such communications were […]

Pendulum Swings Again: DOL’s Proposed Rule on Independent Contractors

The legal framework governing worker classification in the United States has undergone significant turbulence over the past five years, leaving businesses to navigate a seemingly ever-changing regulatory environment. Most recently, on February 27, 2026, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking that would alter the analysis for determining whether a […]

Ohio Jury Awards $22.5M in Pregnancy Accommodation/Wrongful Death Case

A recent Ohio jury verdict underscores the legal and operational risks employers face when responding to accommodation requests involving pregnancy-related medical conditions. The jury awarded approximately $22.5 million in a wrongful death action arising from an employer’s denial of a work-from-home request. Facts According to the complaint, the employee was a claims associate for a […]

NLRB Finding Its Way, or Does Anyone Benefit From a Nonfunctioning Board?

The National Labor Relations Board (NLRB)—the oldest “super agency,” created in 1935—is newly reconstituted and will be finding its way in an unprecedented setting and facing unprecedented challenges.  Background  President Trump, in an unprecedented move, fired Board Member Gwen Wilcox in January 2025, despite provisions in the National Labor Relations Act (NLRA) bestowing tenure protections […]

Department of Labor Issues FMLA Guidance in Recent Opinion Letters

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain family and medical leave matters under the Family and Medical Leave Act (FMLA). As with other opinion letters, they are nonbinding on the courts, but they serve as valuable insight to employers on the DOL’s expectations regarding an employer’s […]

Be Prepared for ICE: What To Do When ICE Visits Your Workplace

Immigration and Customs Enforcement (ICE) is now the highest-funded law enforcement agency in the U.S. government. With the increased funding, the Trump administration has more than doubled the number of ICE officers and agents. As a result, ICE raids and I-9 audits are increasing in frequency. ICE raids and I-9 audits often cause anxiety and […]

‘Claude,’ Attorney at Law? AI Platforms Don’t Have Attorney-Client Privilege

Tech aficionados know “Claude” as a generative artificial intelligence (AI) platform operated by a private company. Former CEO Bradley Heppner was indicted for criminal fraud. He turned to, you guessed it, “Claude” for legal advice and counsel. Question: Were his discussions with “Claude” protected from disclosure by the attorney-client privilege, or could the government obtain […]

Are We There Yet? Reviewing Impasse in Union Negotiations

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best, and final offer unilaterally, but a premature declaration can violate Section 8(a)(5) of the National Labor Relations Act (NLRA).  In Southwest Florida Symphony Orchestra and Chorus Association v. NLRB, […]

Supreme Court to Decide Timing of Actuarial Assumptions in Withdrawal Liability Calculations 

The United States Supreme Court has agreed to review Trustees of the IAM National Pension Fund v. M&K Employee Solutions, LLC, a case that could significantly reshape how multiemployer pension plans calculate withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The central question is whether ERISA requires plans to use actuarial assumptions in effect […]