HR Alerts

U.S. Court of Appeals decision puts NLRB elections case on life support

Mar 16, 2026 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Analysis

NJ gov’s EO pauses independent contractor factors, other NJDOL proposals

On January 23, 2026, New Jersey Governor Mikie Sherrill issued an Executive Order (EO) affecting numerous proposed regulations and rules that have either been proposed within the past 12 months or remained pending for...

Mar 01, 2026 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

Texas employer dodges payment of $350,000 in overtime

A famous Texas lawyer once remarked that “there are no loopholes in the law; the law is the law!” The truth of the observation came as relief to one Texas employer that was sued—and dodged—an overtime bill of $350,000...

Mar 01, 2026 · Employment Law Letter · Texas

DOL clarifies FLSA exemption applicable to retail and service employees

The Department of Labor (DOL) started off 2026 by issuing numerous opinion letters on issues arising under the Fair Labor Standards Act (FLSA). Opinion Letter FLSA2026-4 addresses questions regarding the overtime...

Mar 01, 2026 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

EEOC rescinds transgender workplace guidance: What you need to know

In an unsurprising move, the Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to formally scrap its 2024 guidance on workplace harassment on January 22, 2026. This action officially withdraws the Biden-era...

Mar 01, 2026 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Title VII and terminating employees with a criminal record

Q Our company has five employees in direct-care roles who have felony convictions. We wish to expand, but state regulations prohibit individuals with felonies from providing direct-care services, so they wouldn’t be able...

Mar 01, 2026 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Workers’ comp and compensable time: Navigating follow-up medical appointments

Q Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury? Whether workers’ compensation covers nonexempt employees’ time off...

Mar 01, 2026 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Employee or independent contractor: Write it right!

Eternal truth: The way to stay out of trouble is to stay out of situations that can cause trouble. Picking up from the previous article (see “Texas employer dodges payment of $350,000 in overtime” on page X), this was...

Mar 01, 2026 · Employment Law Letter · Texas

Texas Supreme Court to tackle negligent retention

Likely you are familiar with the idea of negligent retention—namely, a company hires an employee who is unfit for the job, and the employee then goes out and harms a member of the public. But what about an independent...

Mar 01, 2026 · Employment Law Letter · Texas

Final interview, final question: Be Ready

Scrolling though X (f/k/a Twitter), I came across a post by Chidanand Tripathi (@thetripathi58) about a question asked in the final interview before an offer is extended. It is, therefore, often a make-or-break question...

Mar 01, 2026 · Employment Law Letter · Texas

Beyond HIPAA: Navigating the ‘more stringent’ standard

In light of the February 16, 2026, deadline for covered entities to update their notice of privacy practices (NPP), covered entities should consider “more stringent” state laws that may apply to these updated forms and...

Mar 01, 2026 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

FY 2027 H-1B registration opens March 4, 2026, and closes March 19, 2026

On January 30, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced the dates for the fiscal year (FY) 2027 H-1B visa lottery. There have been significant changes in lottery selection. Here is what...

Mar 01, 2026 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

With court orders, know your legal obligations and risk considerations

Court orders can have direct and enforceable consequences in the workplace. While these matters arise from an employee’s personal life, employers are often legally obligated to comply with court orders and must do so...

Mar 01, 2026 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Change to marijuana classification, but not for OK employers (for now)

For years, marijuana has been classified as a Schedule I drug under the federal Controlled Substance Act. Heroin, LSD, peyote, and quaaludes are other drugs that fall under the Schedule I classification. In December...

Mar 01, 2026 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

What to do when employees fail to return FMLA certification

Q If an employee takes sick leave but hasn’t completed and returned a Family and Medical Leave Act (FMLA) form, can the employer lawfully terminate employment? It depends. The regulations concerning the FMLA require...

Mar 01, 2026 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

More health plan transparency means the future is now: What you need to know

Using a multipronged approach, the federal government is aggressively promoting greater transparency and understanding of costs and pricing in the healthcare and health insurance market. Indeed, last month, the U.S...

Mar 01, 2026 · Employment Law Letter · New York · Midwest · Arkansas · Kansas · Missouri · Oklahoma · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont