Tag: HR laws

DOJ Opinion Declares EEOC Regulations on Disparate Impact Unconstitutional

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 […]

Fumbling Arbitration at the Goal Line—A Cautionary Tale

The U.S. Supreme Court recently handed the National Football League (NFL) a significant off-field loss, declining to enforce the league’s arbitration agreement. West Virginia employers would be wise to make sure their agreements stand up to scrutiny. Flag on the Play Former coach Brian Flores sued the NFL and two teams, the New York Giants […]

Radical Labor Legislation Advances in the U.S. House

On June 9, 2026, the U.S. House of Representatives passed what could be the most radical revision to the National Labor Relations Act (NLRA) in its history. By a vote of 230-193, the House passed H.R. 5408—the Faster Labor Contracts Act (FLCA). The “aye” votes included every Democratic representative and 20 Republican representatives. The FLCA […]

OMB Approves EEO-1 Rescission

On June 9, 2026, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) concluded its review of the Equal Employment Opportunity Commission’s (EEOC) proposal to rescind its reporting regulations and data collection forms (EEO1, EEO-3, EEO-4 and EEO-5). The conclusion was a surprise to many groups, which had been granted […]

HRDA Frankly Speaking: Clear Communication Around Drug Testing

While legislation and reputation of marijuana usage have changed drastically in the past decade, drug testing and workplace policy has lagged behind. Drug tests often fall to the wayside of priorities for HR professionals but leaving them to become outdated is a straight shot to logistical and compliance nightmares. So how can HR professionals catch […]

EntertainHR: It’s Not What You Say, It’s How You Say It (. . .But It’s Also What You Say)  

Can I see you in my office?  Imagine your boss asks you that in a friendly tone. Can I see you in my office?  Now try angry. Can I see you in my office?  Disappointed. Can I see you in my office?  Flirty. Can I see you in my office?  For those of you who aren’t chronically online, the “one phrase, four ways” social media trend has users, in a single […]

religious

Beyond De Minimis: Navigating Religious Accommodation After Groff v. DeJoy

Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practices of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” Based on one sentence from a 1977 U.S. Supreme Court opinion, federal courts previously interpreted “undue hardship” to mean any effort […]

New Fast Track Bargaining Bill Remakes Law, Splits Republicans

A divided House passed a bill that would impose strict bargaining timelines and final contracts on employers and labor groups when negotiating a first union contract. The Faster Labor Contracts Act (FLCA) would empower arbitrators to impose final contract terms without a vote by either labor or management. Twenty Republicans joined 210 Democrats in supporting […]

Texas Court Green-Lights New Claim Against Poaching CEO

On June 9, our federal court of appeals gave the go-ahead to a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit made personally against a CEO accused of masterminding the theft of competitors’ trade secrets. In an increasingly competitive business environment, new tools are welcome in fighting unfair practices.   What is RICO?  Back in 1970, […]

hiring

Study Finds Jobseekers Losing Trust in Hiring

Too many scams, too much ghosting, and artificial intelligence (AI) that’s out to get them—those are just a few perceptions making jobseekers frustrated. Not too many years ago, jobseekers were more confident in finding employment. And they didn’t hesitate to leave a job not exactly to their liking because they felt they could quickly find […]