Tag: HR Leaders

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 […]

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 Drug tests often fall to the wayside of priorities for HR professionals but leaving them to become outdated is a straight shot to logistical and compliance nightmares.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 […]

New AI-Related Executive Order Aims to Promote Innovation and Security

On June 2, 2026, President Trump signed Executive Order (EO) 14409, titled “Promoting Advanced Artificial Intelligence Innovation and Security,” which established the administration’s latest policy related to artificial intelligence (AI). EO 14409 reiterates the administration’s stated commitment to fostering AI innovation and addresses both cyber- and national security concerns as AI capabilities become increasingly advanced.  […]

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 […]

Requiring PTO Use Before Unpaid FMLA Leave is Allowed, But Note State Requirements

Q: Can we require employees to use accrued paid time off (PTO) before taking unpaid Family and Medical Leave Act (FMLA) leave, or must we provide FMLA leave and allow them to take PTO during the leave if needed? Under the FMLA, employers may require employees to use accrued PTO, such as vacation leave, personal […]

The Phrase That Will Get Every HR Pro Talking: Skills Supply Chain 

As AI transforms the workplace faster than most organizations can adapt, HR leaders are facing the challenge of building a workforce strategy that operates with the same precision and agility as a supply chain. The proof is in the data. Skillsoft’s Workforce Readiness Report recently found that while 86% of employees use AI tools at work, only 24% feel fully […]

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, […]

AI May Be All the Rage, But Soft Skills Still a Priority for Employers

The rise of AI seems to dominate all conversations about the world of work. So, jobseekers are understandably eager to tout their knowledge of the latest technology. But as important as AI is, employers still tout the value of communication, leadership, empathy, adaptability, and other soft skills. Holding Back AI? Can a lack of human […]