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A serious workplace incident rarely ends with the incident itself. For many employers, the next challenge arrives when the Occupational Safety and Health Administration (OSHA) begins asking questions. The steps taken during the first 24 hours often shape the course of the agency’s investigation and can affect the company’s position in any resulting enforcement action […]
You read the headline right: Despite 27 workplace violations, a three-judge panel from the U.S. 5th Circuit Court of Appeals (the federal appeals court for Texas) decided the employee still gets to take her Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) claims to trial. Yes, it was by a 2-to-1 […]
The Internal Revenue Service (IRS) has raised the optional standard mileage rate for business use of an automobile for the second half of 2026. Effective July 1, the business mileage rate increased from 72.5 cents per mile to 76 cents per mile. Employers that use the IRS rate for employees’ mileage reimbursement should adjust their […]
The Supreme Court of the United States (SCOTUS) recently decided in Mullin v. Doe that federal courts generally lack authority to review Department of Homeland Security (DHS) decisions to terminate temporary protected status (TPS) designations. This decision clears the way for DHS to move forward with terminating TPS protections for several countries. Here’s what employers […]
For much of the 19th century, the United States was hobbled by widespread government corruption. “To the victor go the spoils” supplanted a government “of, by, and for the people.” Only a national disgust with post-Civil War era corruption led to the creation of a nonpartisan civil service. Despite occasional slips (Teapot Dome), the federal […]
On May 29, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued four new Fair Labor Standards Act (FLSA) opinion letters. Two of them—FLSA2026-5 and FLSA2026-8—address questions that come up frequently for employers managing exempt classifications and timekeeping practices. Below is a summary of each. Dual-position Employees Can Retain Exempt Status […]
With Pope Leo XIV releasing an encyclical back in May, largely condemning the use of generative AI, we’ve seen cases begin to surface of employees asking for religious accommodations to exempt them from using AI in their roles. And employers are having to comply. As AI use grows, so too does it’s many compliance issues. […]
In response to a request from the Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas, the Department of Justice’s (DOJ) Office of Legal Counsel (OLC) on June 9 issued an opinion declaring the EEOC’s current guidance on disparate impact under Title VII of the Civil Rights Act of 1964 to be unconstitutional. Background The concept […]
AI Hiring Tools Can Violate FCRA A recent lawsuit filed in California should raise serious concerns to any employer using artificial intelligence (AI) to screen applicants. The lawsuit, Kistler et al. v. Eightfold, AI Inc., claims the platform scraped personal data on over a billion workers, assigned each applicant a scored ranking, and filtered out lower-ranked […]
Q: Can we require employees to use accrued paid time off (PTO) before taking unpaid Family and Medical Leave Act (FMLA) leave, or must we provide FMLA leave and allow them to take PTO during the leave if needed? Under the FMLA, employers may require employees to use accrued PTO, such as vacation leave, personal […]