Tag: HR laws

‘Claude,’ Attorney at Law? AI Platforms Don’t Have Attorney-Client Privilege

Tech aficionados know “Claude” as a generative artificial intelligence (AI) platform operated by a private company. Former CEO Bradley Heppner was indicted for criminal fraud. He turned to, you guessed it, “Claude” for legal advice and counsel. Question: Were his discussions with “Claude” protected from disclosure by the attorney-client privilege, or could the government obtain […]

Are We There Yet? Reviewing Impasse in Union Negotiations

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best, and final offer unilaterally, but a premature declaration can violate Section 8(a)(5) of the National Labor Relations Act (NLRA).  In Southwest Florida Symphony Orchestra and Chorus Association v. NLRB, […]

Supreme Court to Decide Timing of Actuarial Assumptions in Withdrawal Liability Calculations 

The United States Supreme Court has agreed to review Trustees of the IAM National Pension Fund v. M&K Employee Solutions, LLC, a case that could significantly reshape how multiemployer pension plans calculate withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The central question is whether ERISA requires plans to use actuarial assumptions in effect […]

EEOC Rescinds 2024 Workplace Harassment Guidance: What Employers Need to Know

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its Enforcement Guidance on Harassment in the Workplace. This is one of the first significant actions the EEOC has taken since regaining its quorum in October 2025. What Was Rescinded The Enforcement Guidance on Harassment in the Workplace […]

The Clock is Ticking: Why Statutes of Limitations Matter

Many business disputes are effectively lost long before a lawsuit is ever filed. With only 24 hours in a day and constant operational demands competing for attention, business owners frequently postpone addressing emerging conflicts, often under the mistaken belief that “we can deal with it later.”  In reality, delay can be costly. By the time […]

Landmark AI Rulings Will Have Effect on All Litigation

Generative artificial intelligence (AI) tools have quietly moved from novelty to fixture in how lawyers and their clients research, write, and prepare for litigation. Two U.S. federal courts just issued the first rulings of their kind addressing the legal consequences of that shift. The decisions are must-reads, and they carry immediate, practical lessons for anyone […]

Even With Accommodations, Essential Functions are Required Under ADA

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all West Virginia employers) has been busy deciding Americans with Disabilities Act (ADA) accommodation cases this year. In at least two cases, it found that the employees were not protected by the ADA with regard to discrimination and failure-to-accommodate claims because they were not […]

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, […]