Tag: HR laws

To See or Not to See: Disciplined Worker Entitled to View Employer’s Surveillance Footage

Although it involves the claim of a union employee under the National Labor Relations Act (NLRA), a recent labor board decision reminds us that, under some circumstances, an employee may request that their employer provide them with workplace surveillance footage that is relevant to a disciplinary decision. Casino’s Surveillance System Captures Video of Staff Meeting […]

marijuana

Cannabis Reclassification is a Turning Point: HR and Compliance Teams Must Be Ready 

On April 23, 2026, the Department of Justice and the Drug Enforcement Administration took the most consequential step in federal cannabis policy in more than five decades, placing FDA-approved cannabis products and state-licensed medical marijuana into Schedule III of the Controlled Substances Act. A DEA hearing beginning June 29, 2026, will consider whether broader rescheduling, including recreational […]

stress

Workplace Pressures Take a Toll, but Employers Can Help

Evidence is piling up that many in today’s workplace are not OK. Stressors like financial insecurity, worries about AI, and political strife spilling into the workplace are dragging people down. And employers and employees aren’t always coping well. While no perfect solution is likely to surface, suggestions abound on how employers can help. Trust Versus […]

Creating Useful Performance Reviews

I didn’t like giving reviews, and I don’t like receiving them. There must be a better way. Here are some suggestions generated by “Gen AI Could Fix Performance Reviews—or Make Them Even Worse,” an article in the Harvard Business Review by Chrysanthos Dellarocas (May 26, 2026). Challenge We all fool ourselves. A recent study shows […]

Depression and Other Mental Health Conditions in the Workplace: An Increasing Employer Challenge

According to the Equal Employment Opportunity Commission’s (EEOC) most recent published annual reporting, claims for disability-related discrimination (38%) outpaced race (34%) and sex (26%) related filings. Indeed, in the past three reporting years, the number of charges filed claiming disability-related discrimination increased by 34% (25,004 to 33,668), more than in any other filing category. Disability […]

ICE Updates I-9 Inspection Fact Sheet

For the first time in almost 30 years, U.S. Immigration and Customs Enforcement (ICE) has updated its Form I-9 inspection fact sheet. The changes were issued without any notice in the Federal Register, and there was no proposed rulemaking. The revisions replace many provisions of the 1997 Virtue memorandum, which governed compliance until now, and […]

salary

Salary Ain’t the Rule: Don’t Just Assume the Overtime Exemption Applies

I hear the incredulity from clients constantly: “Overtime? We pay our employees a salary—they aren’t eligible for overtime.” I call it the salary assumption. Unofficially, it’s the most common misconception in employment law. And it’s an understandable mistake. If an employee is paid a salary, how could an hourly overtime rate apply? The Fair Labor […]

PWFA Claims Have Arrived: Anatomy of a Lawsuit

Cases are just now starting to come out involving the Pregnant Workers Fairness Act (PWFA). For lessons on how one employer ran afoul of its obligations, read on. Timeline It’s often helpful in a factually dense case to break events into a timeline: King filed a PWFA lawsuit, and the court denied the company’s request […]

Severance Agreements: Parting Ways Without Parting Claims

Employers that terminate or mutually agree to part ways with an employee may negotiate, elect to enter, or be obligated by an existing employment agreement to enter into a severance agreement with the departing employee. A severance agreement is an arm’s length agreement between employer and departing employee that serves many purposes and is highly […]

RIFs in the Age of AI: Why Data-Driven Decisions are Increasing Employer Risk

Employers have long used reductions in force (RIFs) as a high-risk but familiar response to economic pressure, restructuring, or strategic change. Traditionally, employers evaluated RIF-related risk through relatively discrete lenses—compliance with the Worker Adjustment and Retraining Notification (WARN) Act, potential discrimination claims, and the adequacy of internal documentation. Today, that approach may no longer be […]