October 22, 2025
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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October 21, 2025
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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October 21, 2025
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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October 20, 2025
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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October 20, 2025
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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October 17, 2025
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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October 17, 2025
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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October 16, 2025
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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October 16, 2025
How careless leadership talk can tip a discrimination case

A recent 11th Circuit decision is a good reminder that repeated remarks from leadership about wanting “younger” workers can become powerful evidence of discrimination. Even when an employer points to other reasons for its decisions, a jury may not buy them if the paper trail does not line up.

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October 15, 2025
Supreme Court starts new term—key employment law cases on the docket

The Supreme Court has started the 2025–2026 term, and it looks to be an interesting one for employers. Here’s a breakdown of pending cases and issues.

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