by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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On June 9, 2026, the U.S. House of Representatives passed what could be the most radical revision to the National Labor Relations Act (NLRA) in its history. By a vote of 230-193, the House passed H.R. 5408—the Faster...
Aug 01, 2026 · Employment Law Letter
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Q We have an employee who returned from medical leave but is still unable to perform the job’s essential functions. We’ve worked with the employee and provided additional accommodations, but the employee continues to...
On March 16, 2026, Immigration and Customs Enforcement (ICE) updated its Form I-9 inspection fact sheet by recategorizing numerous I-9 errors to expand the number of violations that may result in fines. The change—made...
On June 9, 2026, the Department of Justice’s (DOJ) Office of Legal Counsel (OLC) issued a memorandum opinion concluding that the Equal Employment Opportunity Commission’s (EEOC) longstanding interpretation of disparate...
The U.S. Supreme Court recently handed the National Football League (NFL) a significant off-field loss, declining to enforce the league’s arbitration agreement. West Virginia employers would be wise to make sure their...
U.S. Citizenship and Immigration Services (USCIS) has proposed significant changes to Form AR-11, the address change form that most foreign nationals in the United States must file within 10 days of moving. Although the...
The Equal Employment Opportunity Commission’s (EEOC) National Enforcement Plan (NEP) for fiscal years 2025 to 2029—released June 4, 2026—previews where the agency will focus its investigations and litigation. The plan...
A crucial employee leaves for a competitor. A promising candidate shows up carrying a noncompete from their former employer. Either way, the questions hit quickly: What can we do? What should we avoid? And what paperwork...
Relying on cases in the employment law context, the U.S. 5th Circuit Court of Appeals (our federal appeals court) tossed the lawsuit of a University of Texas at Austin (UT) student harassing her professor. Obsessive...
Shoulders are the most commonly injured body parts in Wisconsin workers’ compensation claims—even more common than lower-back and hearing-loss claims. Wisconsin Act 145, which became effective on April 1, 2026...
Three new cases from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) deliver actionable, bite-sized lessons for employers. Let’s chow down! Nugget No. 1: No comparator, no claim Joe...
I know some readers might be thinking, “Break a rule? Discipline follows.” But a recent article by the editors of the Harvard Business Review (HBR)—“How the Best Leaders Respond to Rule Breaking” (July/August 2026)...
As part of the Trump administration’s second regulatory agenda, the Department of Labor (DOL) has proposed numerous regulatory and deregulatory proposals. The executive summary of the DOL’s agenda states the agency’s...
The U.S. Court of Appeals for the 4th Circuit (which has jurisdiction over federal courts in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) vacated a district court’s order certifying a Rule 23...
When an employee complains about workplace harassment, opening an investigation is an important first step, but it isn’t the last one. A recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to...
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