The Dangers of Joint Employment
Employers sometimes are named in employment litigation or agency investigations for employees who never actually were on their payroll. All sorts of uncomfortable issues, such…
On August 26, 2026, National Labor Relations Board (NLRB) General Counsel Crystal S. Carey released Memorandum GC 26-04, “Further Guidance Regarding General Counsel Priorities.” The memo provides important insight into…
Unless and until there is binding federal law governing noncompetes in all 50 states, noncompete agreements will continue to be governed by state law. In recent years, state legislatures have…
The 4th Circuit Court of Appeals recently held that an employee could establish a failure to accommodate claim under the Americans with Disabilities Act, where the employee requested to be…
The Equal Employment Opportunity Commission (EEOC) is positioned for another rescission mission. Recall that recently, the EEOC rescinded the 2024 Enforcement Guidance on Harassment in the Workplace and two affirmative…
As of August 1, 2026, 16 states plus Washington, D.C. will have statewide pay transparency laws in effect that require employers to disclose what a job pays, including California, Colorado…
Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at…
On June 29, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind two policy documents laying out steps employers can take to increase representation of historically marginalized groups in…