Black Gay DEI Officer’s Title VII Suit Against University of Toledo Survives Motion to Dismiss Challenging Constructive Discharge and Timeliness

By: Scott D. Wilson Plaintiff, Gross, a physician assistant, faculty member, and DEI Officer, worked at the University of Toledo from October 1, 2021 to June 30, 2024. He alleged that coworkers prevented him from performing his DEI duties because he is African American and/or because he is gay, referring to him as “divisive” and … Continue reading Black Gay DEI Officer’s Title VII Suit Against University of Toledo Survives Motion to Dismiss Challenging Constructive Discharge and Timeliness

NLRB Increases Early-Stage Scrutiny of Unfair Labor Practice Charges Hopefully Reducing Baseless Charges

By: Fred Preis and Philip Giorlando The National Labor Relations Board has implemented a new intake protocol that significantly changes how unfair labor practice charges are processed. The protocol should assist employers who are typically the Charged Party in most NLRB cases. Designed to address severe charge backlogs, the new protocols will delay and potentially … Continue reading NLRB Increases Early-Stage Scrutiny of Unfair Labor Practice Charges Hopefully Reducing Baseless Charges

2026 Tax Changes on Tips, Overtime, and Meals

By: Fred Preis and Rachael Jeanfreau The new Federal tax law changes will require employers to ensure that payroll systems and accounting procedures are ready to support those revisions. Many employers will need to address three specific issues: First, there is a requirement for affected employers to report cash tips (which includes credit card and … Continue reading 2026 Tax Changes on Tips, Overtime, and Meals

Immigration Update: Project Firewall

By: Kenneth Nilsson and Rachael Jeanfreau Recently, the U.S. Department of Labor launched “Project Firewall”, an initiative enforced by the Department’s Wage and Hour Division which aims to “safeguard the rights, wages, and job opportunities of highly skilled U.S. workers and maximize compliance with the H-1B visa program.” The H-1B visa program, which employers use … Continue reading Immigration Update: Project Firewall

U.S. Government Pauses Immigrant Visa Issuance for Nationals of 75 Countries

By: Kenneth Nilsson and Rachael Jeanfreau Effective January 21, 2026, the United States government suspended the issuance of immigrant visas for foreign nationals of 75 countries. This suspension affects applicants for immigrant visas, including employment-based and family-based petitions for permanent residency (i.e., “green cards”). Nonimmigrant visas, such as tourist visas, student visas, H-1B visas, and … Continue reading U.S. Government Pauses Immigrant Visa Issuance for Nationals of 75 Countries

EEOC Rescinds Biden-Era Transgender Anti-Harassment Guidance

By: Philip Giorlando and Fred Preis The Equal Employment Opportunity Commission voted 2-1 today to officially rescind anti-harassment guidance issued during the Biden administration that classified misgendering transgender employees as a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Background This rescission continues the rollback of LGBTQ+ workplace protections … Continue reading EEOC Rescinds Biden-Era Transgender Anti-Harassment Guidance

Court Finds Working Conditions Not Intolerable in EEOC Case Against Northwest Arkansas Hospitals

By: Scott D. Wilson The EEOC represents Efrin Chavez, a surgical technician who was hired by Northwest Arkansas Hospitals in January 2022 for a position in the Labor and Delivery Unit. The EEOC alleged that the hospital discriminated against Mr. Chavez because of his sex (male) by subjecting him to different terms, conditions, or privileges of … Continue reading Court Finds Working Conditions Not Intolerable in EEOC Case Against Northwest Arkansas Hospitals

NLRB Operations Resume After Swearing-In Delay

By: Philip Giorlando and Fred Preis As we highlighted last month here, the National Labor Relations Board has two new members, finally providing the Board with a three-person quorum to address the massive backlog and make progress toward reversing some Biden-era precedent that overturned centuries of NLRB law. Nearly three weeks after Senate confirmation, the National … Continue reading NLRB Operations Resume After Swearing-In Delay

What to Expect During an OSHA Investigation After a Workplace Accident

By: Joseph Cefalu When a serious workplace accident occurs, employers may face immediate scrutiny from the Occupational Safety and Health Administration (OSHA). For many employers, an OSHA investigation presents unfamiliar procedures and significant financial and legal risk, especially when severe injuries, fatalities or serious hazards are involved. Knowing what to expect and how to prepare … Continue reading What to Expect During an OSHA Investigation After a Workplace Accident

Skip the Mistletoe: Office Party Do’s and Don’ts

By: Alexandra Cobb Hains It is officially the holiday season! Many employers will host their annual holiday parties in the coming weeks, and although holiday parties offer a chance for celebration, they can expose employers to considerable risk without thoughtful planning. Now is the perfect time for a refresher of some office party “Do’s” and … Continue reading Skip the Mistletoe: Office Party Do’s and Don’ts