Employment Law Letter

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain family and medical leave matters under the Family and Medical Leave Act (FMLA). As with other opinion...

Arbitration agreements can generally preclude class actions, but parties often agree to resolve arbitrations involving hundreds of people by streamlined processes. This is sometimes known as a bellwether process, where...

The following case combines two very common factual situations. One is when an attorney inadvertently receives privileged communications from the other side; the lawyer is under a clear ethical obligation to return it...

The National Labor Relations Board (NLRB) has taken action to return to a more definite joint employer framework tied primarily to the exercise of substantial, direct, and immediate control. This framework reshapes how...

Many business disputes are effectively lost long before a lawsuit is ever filed. With only 24 hours in a day and constant operational demands competing for attention, business owners frequently postpone addressing...

The recent U.S. military engagement in the Middle East, as well as significant domestic deployments in multiple large cities in 2025 and 2026, underscores the increasing reliance on National Guard and reserve forces...

It is not uncommon for companies to host networking or mentorship events focused on supporting female employees. In fact, these types of events are often publicized by employers to show their efforts to provide an...

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best, and final offer unilaterally, but a...

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its Enforcement Guidance on Harassment in the Workplace. This is one of the first significant actions the EEOC has...

On February 26, 2026, the Department of Labor (DOL) published a proposed rule seeking to clarify the distinction between employee and independent contractor status under the Fair Labor Standards Act (FLSA). The new rule...

Q Are we allowed to limit employees’ use of paid sick leave to the number of hours they’re scheduled to work on a given day, such as no more than six hours of paid leave for a part-time employee scheduled to work a six...

Many readers give presentations to all sorts of groups—the C-suite, staff, business partners—or they’re sought out for advice from colleagues on how to do so effectively. So an article in the January-February 2026 issue...

Q Aside from initial treatment, does workers’ compensation cover nonexempt employees’ time off to attend follow-up appointments related to their injury? Short answer: Missed work time may qualify for temporary disability...

Tech aficionados know “Claude” as a generative artificial intelligence (AI) platform operated by a private company. Former CEO Bradley Heppner was indicted for criminal fraud. He turned to, you guessed it, “Claude” for...

In the iconic 1999 film The Sixth Sense, a nine-year-old routinely sees dead people. In the U.S. 6th Circuit Court of Appeals, we might now be seeing a dead Cemex decision, the one in which the National Labor Relations...