Tag: Employment law

[S]lackadaisical Approach to Evidence Preservation Leads to Reversal

Do you know what spoliation means? One Massachusetts employer just learned the hard way. Employers involved in litigation or reasonably anticipated litigation have a legal obligation to preserve potentially relevant evidence until the matter is resolved. If an employer fails to do so, that failure is called spoliation. Courts can impose serious sanctions for spoliation, […]

government

Supreme Court Reshapes the Government and the Country

The nation’s 250th birthday provides the opportunity to examine the state of our national affairs and how it has changed in the last decade. Many students of government will point to the numerous and profound changes wrought by executive fiat as the most significant recent changes to our government, and they may be right. Even […]

EEOC, Nike Settle Subpoena Enforcement Lawsuit

On August 12, a federal district court dismissed the Equal Employment Opportunity Commission’s (EEOC) subpoena enforcement action against Nike at the EEOC’s request. The EEOC said Nike had provided it with the information it sought between March and August. The lawsuit was filed in the Eastern District of Missouri in February after the original charge […]

House-Passed Law Would Impose ‘Collective Bargaining’ Contracts

An unusual, bipartisan coalition of House members voted to pass the Faster Labor Contracts Act (FLCA), a law that would impose fast-track bargaining schedules for initial contracts and could end in having government arbitrators impose two-year contracts on the parties.  What the FLCA Does  The FLCA would change the current open-ended bargaining and replace it […]

DOL Guts OFCCP Regulations

On August 21, 2026, the Department of Labor (DOL) published its final rules rescinding the Office of Contract Compliance Program’s (OFCCP) regulations for Executive Order (EO) 11246, substantially revising Section 503 regulations, and issuing technical revisions to its Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) regulations.  EO 11246 Regulations  The DOL finalized the rescission of […]

EntertainHR: He-Man: Master of the HR Universe 

For those of you out there who enjoy a little 80’s nostalgia, you were probably as delighted as I was to see that a new Masters of the Universe film was coming to theaters this year with a star-studded cast. What I did not expect from this muscle-bound hero flick was a lesson on human […]

FLSA Brain Twister: How to Determine When Breaks are Compensable

The Fair Labor Standards Act (FLSA) is complicated. So, the best way to learn is by posing a question, deconstructing the issues, and then answering them. Facts An employee works in a sprawling facility. She gets a 30-minute unpaid meal period. It takes between five and 10 minutes to walk to her car, same upon […]

New DOL Opinion Letter on Commute Time Provides Clear Guidance

On July 22, 2026, the U.S. Department of Labor (DOL) issued a new opinion letter analyzing whether travel time between an employee’s home and work would be considered compensable under the Fair Labor Standards Act (FLSA) as hours worked. Travel before and after vs. travel during Specifically, in FLSA2026-9 opinion letter, the employer’s inquiry centered […]

Workplace Weapons: Can Employers in Idaho and Utah Ban Firearms?

Private employers sometimes have questions about firearms at work. Can a private employer prohibit employees from carrying firearms and other weapons on its premises, including those with a valid concealed-carry permit? And are there any legal or privacy concerns with requiring employees who are carrying to disclose this information to management? Questions about whether an […]

Responding to OSHA Investigation: What You Do in the First 24 Hours Matters

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 […]