Tag: Employment law

DOL Clarifies Travel To and From Medical Appointments is FMLA Protected

The Department of Labor (DOL) rang in the new year with some new guidance for employers covered by the Family and Medical Leave Act (FMLA). This time, the DOL addressed whether an employee’s travel to and from medical appointments qualified as FMLA-protected time. Example Scenario An employee who works from 9:00 a.m. to 5:00 p.m. […]

At Public Meeting, FTC Indicated Intent to Prosecute Unreasonable Noncompetes

The Federal Trade Commission (FTC) held a half-day program on January 27, 2026, focused on employee noncompetes. The FTC indicated its intent to pursue prosecution of agreements that violate antitrust or otherwise inappropriately limit employee choice. However, the commission is not reproposing the prior rule banning all noncompetes. If workers have issues, the agency suggests […]

5th Circuit Throws Down on Use of AI

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What is a show-cause order? It’s an order issued by a court to a lawyer essentially saying, […]

With Court Orders, Know Your Legal Obligations and Risk Considerations

Court orders can have direct and enforceable consequences in the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with court orders and must do so without engaging in or exacerbating the underlying dispute. Failure to understand these obligations can result in statutory penalties, civil liability, or […]

At Public Meeting, FTC Indicated Intent to Prosecute Unreasonable Noncompetes

The Federal Trade Commission (FTC) held a half-day program on January 27, 2026, focused on employee noncompetes. The FTC indicated its intent to pursue prosecution of agreements that violate antitrust or otherwise inappropriately limit employee choice. However, the commission is not reproposing the prior rule banning all noncompetes. If workers have issues, the agency suggests […]

Can You Fire Employees Who Don’t Return FMLA Forms?

Q: If an employee takes sick leave but hasn’t completed and returned a Family and Medical Leave Act (FMLA) form, can the employer lawfully terminate employment? Both employers and employees have responsibilities when FMLA-qualifying leave is involved, including timely notice and compliance with employer policies. To assess what happens when an employee takes potentially FMLA-qualifying […]

Guns at Work: Keeping Employees Safe in Troubling Times

According to the Occupational Safety and Health Administration (OSHA), nearly two million American workers report experiencing some type of workplace violence annually. In fact, according to the Bureau of Labor Statistics (BLS), homicide accounted for nearly 9% of all on-the-job fatalities in 2023 (the most recent data available). Suicide accounted for another 5%. With civil […]

Department of Labor Issues FLSA Guidance in Recent Opinion Letters

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain wage and hour matters under the Fair Labor Standards Act (FLSA). While these opinion letters are nonbinding, courts often defer to these letters when presented with similar issues. The letters also offer employers valuable insight into the DOL’s interpretation […]

4th Circuit Decision Highlights WARN Act Risks for Broader Corporate Families

Since the late 1980s, employers conducting large layoffs have had to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act. While doing the calculus to determine whether there are WARN notice obligations may be straightforward, typically, complications can arise when the employer is one of several entities in a group of related companies. […]

EEOC Repeals Harassment Guidance Relating to Sexual Orientation and Gender Identity

On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace—which had provided the agency’s position for identifying, preventing, and responding to workplace harassment, particularly the harassment of LGBTQ+ workers—after finding the guidance exceeded the agency’s rulemaking authority. Repeal Follows Executive […]