News

Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

DOL senior leadership team now in place

After almost ten months, it now appears that the Department of Labor’s senior leadership team is in place and can now move forward with what are anticipated to be substantial changes.

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Obscure federal law breathes new life into reverse-discrimination lawsuits

White employees who believe they have been discriminated against because of their race are using Section 1981 to sue because it doesn’t have the tight limits Title VII has.

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Share facilities and employees? DOL opinion says add hours together

It’s not unusual for entertainment venues to establish separate corporate entities but also share facilities. If they also share employees, all the entities are likely joint employers.

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Social media policies tighten as political tensions spill into workplaces

The line between personal opinion and professional risk continues to shrink—and HR teams are often the ones left holding the rope.

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Can we designate FMLA leave without employee consent?

We have an employee who was seen by her physician, diagnosed with COVID and was taken off work for five days. We have her doctor’s note, and we provided her FMLA paperwork as soon as we were notified, but she is refusing to have the FMLA certification completed. Does this qualify as FMLA (under serious health condition), and can we still designate this as FMLA without signed paperwork?

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NLRB nominees move forward, which could spark labor law shifts

On tap are reversals of several key cases that limit the use of captive-audience meetings by employers, changes that make it easier to pass handbook rules and removing extensive remedies for employees whose employers commit unfair labor practices.

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DOT proposes adding two new substances to drug and alcohol testing

The U.S. Department of Transportation proposes to amend its drug-testing program regulation, 49 CFR Part 40, to add fentanyl (a synthetic opioid) and norfentanyl (a metabolite of fentanyl) to its drug-testing panels.

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35 years of the ADA: How managers can support disabled employees

October is Disability Awareness Month, and 2025 marks the 35th anniversary of the passage of the Americans with Disabilities Act. What better time to remind managers that the ADA has opened the workplace to disabled individuals by requiring employers to make reasonable accommodations for otherwise qualified applicants and employees?

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Harassment investigations: What to ask

When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.

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How not to handle a religious accommodation request

Yes, you can ask for basic information about a request. That includes having the employee explain what particular religious belief the request is based on. But no, you can’t inquisition the employee on that belief beyond a few basic questions.

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