The Fair Credit Reporting Act (FCRA) may not be the first employment law that comes to mind when an employer wants to reduce legal risks and avoid potential pitfalls. However, the FCRA has a number of requirements that employers must follow when obtaining background checks. As one recent case highlights, these requirements are important to
Update: The EEOC voted 2-1 along party lines to rescind the 2024 Enforcement Guidance on Harassment in the Workplace in its entirety. The EEOC’s objections to the guidance primarily related to the sections of the guidance regarding harassment based on sexual orientation and gender identity, including with respect to preferred pronouns and bathroom access. However
While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon. One area of interest for the EEOC is its Enforcement Guidance on Harassment in the Workplace issued in 2024. We blogged about that 2024
The U.S. Department of Labor’s (DOL) Wage and Hour Division welcomed the new year by issuing six new opinion letters on January 5, 2026 — four regarding the Fair Labor Standards Act (FLSA) and two regarding the Family and Medical Leave Act (FMLA). As background, opinion letters explain how the DOL applies federal employment laws
We’ve all been there: An employee takes time off (think FMLA or other protected leave), and then you need to take an adverse employment action. Can you do so and risk the inevitable retaliation claim? Do you have to wait some amount of time so the employee’s potentially protected activity isn’t so fresh on everyone’s
President Trump’s sweeping AI Executive Order just stitched another layer onto the already tangled patchwork of state AI regulations — and employers may feel left out in the cold. But we have you covered. This week, we piece together the EO itself, the legal challenges that may cause it to unravel, and tips for employers
New Year, new legislation — California and New York are leading the way in restricting certain “stay-or-pay” provisions in employment contracts. These types of provisions are relatively common. For example, an employer may offer a signing bonus with the proviso that the incentive would be clawed back if the employee leaves before a specified period
As the year comes to a close, year-end performance reviews are in full swing. While these reviews may not be everyone’s favorite part of the job, they remain an important tool to support workplace development. This year, take a moment to revisit some best practices for conducting fair, effective performance reviews — and why these
Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias. These materials signal that the agencies consider any national origin preference — including any actions favoring nonimmigrant visa holders — to be discrimination. Additionally, they make clear that multiple agencies view anti-American actions as an