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A case decided on December 5 by the U.S. 11th Circuit Court of Appeals—a sister federal appeals court to our 5th Circuit, which covers Texas—looks like it is being teed up for review by the Supreme Court of the United States (SCOTUS). The issue: What does it take to get a case dismissed before trial? […]
Political speech in the workplace has continued to be a hot topic since the 2024 elections. Political speech can be defined as an expression of political views, affiliation, or activities within a professional setting. One recent poll showed that a quarter of businesses have disciplined employees for their political speech. A recent case from the […]
With each presidential change, employers are thrust into a ping-pong match of shifting directives. What was required under one administration may be discouraged or even prohibited under the next administration. As Trump 2.0 completes its first year, business leaders are seeing a rapid recalibration of federal labor and employment priorities. With the White House expected […]
Terminations are complex, often triggering emotional, legal, and administrative challenges for employees and employers. When post-termination questions go unanswered or lack clarity, the offboarding process can become unnecessarily lengthy and contentious, which in turn can lead to increased legal costs for both parties. When employee’s counsel doesn’t have access to the employee handbook or the […]
Given the charged political climate and the ubiquity of cell phone videos, employers are increasingly grappling with how to respond to employees’ off-duty conduct. In a recent example of this trend, prominent Wisconsin employer Manpower Group Inc. fired one of its in-house attorneys after she was filmed threatening to call U.S. Immigration and Customs Enforcement […]
The U.S. Equal Employment Opportunity Commission’s (EEOC) posture has shifted, and employers should take note. With the recent confirmation of a second Republican EEOC commissioner, Brittany Panuccio, the EEOC has a quorum on its five-seat panel, with a two-to-one Republican majority. With the quorum restored, the EEOC can alter policy, guidance, strategic plans, and litigation […]
On October 30, 2025, the U.S. Department of Homeland Security (DHS) implemented a significant policy shift that directly affects workforce planning and compliance for employers across the country. The agency published an interim final rule that officially ended the practice of automatically extending employment authorization documents (EADs) for certain renewal applicants—a move that could lead […]
When President Donald Trump issued Executive Order (EO) 14173—“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”—earlier this year, what grabbed headlines was the repeal of EO 11246, which had mandated that federal contractors meeting certain size criteria develop affirmative action plans since 1965. EO 14173 also created two new certifications on the system for award management […]
The recent spate of employee terminations resulting from social media posts after the killing of right-wing influencer Charlie Kirk raises questions about what liability such terminations might have for employers. The amount of an employer’s potential liability will be based on whether they are a private or public employer. Background While employees have been fired […]
For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen has proposed a bill to establish a private right of action by employees on behalf of themselves, their fellow employees and the Commonwealth for employers’ alleged wage and hour violations. For the first time, however, Rep. Nguyen has some support from the other chamber: Several state senators have […]