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.

ICE Updates I-9 Inspection Fact Sheet

For the first time in almost 30 years, U.S. Immigration and Customs Enforcement (ICE) has updated its Form I-9 inspection fact sheet. The changes were issued without any notice in the Federal Register, and there was no proposed rulemaking. The revisions replace many provisions of the 1997 Virtue memorandum, which governed compliance until now, and […]

Severance Tradeoff: What Employers and Employees Should Know

A severance agreement isn’t just a payment document—it’s a legal exchange. The employer offers new compensation or benefits, and the employee typically releases potential legal claims and accepts certain post-employment obligations. Both sides should understand that trade-off before signing. These agreements often arrive at a difficult moment. The employer wants finality, and the employee may […]

Professor Sues SMU for ‘Race’ Discrimination

“Race” is in quotes in the headline because the lawsuit covered in this article illuminates a definition of “race” that might surprise you. Tenure Denied, Terminal Year Triggered, Lawsuit Filed Academia is a self-contained universe. Your employment contract is renewed year to academic year if performance is satisfactory. In year six, the year-to-year probationary period […]

EEOC Rescinds 2024 Guidance on Harassment in the Workplace

On January 22, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, No. 915.064, an almost 200‑page document that consolidated decades of agency positions and practices for preventing and correcting harassment. The Republican majority—Chair Andrea Lucas and Commissioner Brittany Panuccio—approved the rescission over the dissent […]

Salary Ain’t the Rule: Don’t Just Assume the Overtime Exemption Applies

I hear the incredulity from clients constantly: “Overtime? We pay our employees a salary—they aren’t eligible for overtime.” I call it the salary assumption. Unofficially, it’s the most common misconception in employment law. And it’s an understandable mistake. If an employee is paid a salary, how could an hourly overtime rate apply? The Fair Labor […]

PWFA Claims Have Arrived: Anatomy of a Lawsuit

Cases are just now starting to come out involving the Pregnant Workers Fairness Act (PWFA). For lessons on how one employer ran afoul of its obligations, read on. Timeline It’s often helpful in a factually dense case to break events into a timeline: King filed a PWFA lawsuit, and the court denied the company’s request […]

Severance Agreements: Parting Ways Without Parting Claims

Employers that terminate or mutually agree to part ways with an employee may negotiate, elect to enter, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between employer and departing employee that serves many purposes and is highly […]

Managing PTSD as a Disability in the Workplace

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability. Post-traumatic stress disorder (PTSD) is a mental health condition that can significantly affect an individual’s ability to function in various aspects of life, including the workplace. Those with PTSD are likely considered disabled under the ADA, […]

Legislative and Labor Push Against Artificial Intelligence is Looming

In the 2025 book “If Anyone Builds It, Everyone Dies,” the authors confidently predict how superhuman AI will lead to the annihilation of humanity. The book isn’t fiction. Existential threat or not, AI is here and growing all around us, including, increasingly, in the workplace. Its prevalence raises significant issues for unionized employers, such as […]

Is Employee’s Uber Ride Reimbursable? What are Your Obligations?

Q: Must we reimburse an employee for the expense of an Uber ride if we normally reimburse her for taking the bus? Generally, no, but it depends. Federal law doesn’t require the reimbursement of travel expenses for business purposes in most situations. However, the Fair Labor Standards Act (FLSA) requires that nonexempt employees are paid […]