DOL Proposes New Joint Employer Rule Under the FLSA, FMLA, and MSPA

By: Philip Giorlando On April 22, 2026, the Department of Labor's Wage and Hour Division released a proposed rule establishing a joint employer standard under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. This proposed rule is an effort to re-create the more … Continue reading DOL Proposes New Joint Employer Rule Under the FLSA, FMLA, and MSPA

Not The Same Old NLRB

By Rachael Jeanfreau and Kenneth Nilsson President Trump recently nominated James Macy, a Republican, to the National Labor Relations Board (NLRB). This nomination, if confirmed by the Senate, will secure a 3-1 majority in favor of Republican appointees, and Macy’s term will last until August 2030. Crucially, Macy's appointment would supply the critical third vote … Continue reading Not The Same Old NLRB

Google Set to Challenge NLRB’s Joint Employer Ruling

By: Rachael Jeanfreau and Kenneth Nilsson Many employers, including tech companies such as Google, rely on third-party staffing agencies to help run daily operations. The constant friction created by this practice is whether these workers are only employees of the staffing agency, or are they also jointly employed by the other business, in this case … Continue reading Google Set to Challenge NLRB’s Joint Employer Ruling

Faith, AI, and the Workplace After Groff v. DeJoy

By: Scott D. Wilson The rapid integration of artificial intelligence into the workplace is creating a novel and increasingly complex legal issue for employers: how to address employees’ requests for religious accommodation that seek exemptions from using AI-enabled technologies. Labor attorneys and legal scholars caution that such requests must be taken seriously, particularly in light … Continue reading Faith, AI, and the Workplace After Groff v. DeJoy

Independent Contractor Status: Changes Under Trump

By: Rachael Jeanfreau and Kenneth Nilsson In an effort to roll back more restrictive Biden-era rules affecting employers, the U.S. Department of Labor is seeking to update the test for determining when a worker may be properly classified as an independent contractor under the Federal wage and hour rules. Under the Biden rule for determining … Continue reading Independent Contractor Status: Changes Under Trump

New Overtime Tax Deduction Creates Unexpected Compliance Risk for Employers

By: Philip Giorlando The "no tax on overtime" provisions enacted as part of the One Big Beautiful Bill, effective for tax years 2025 through 2028, are widely understood as a benefit for hourly workers. What has received far less attention is the unintended compliance consequence for employers: the new law creates a direct channel through … Continue reading New Overtime Tax Deduction Creates Unexpected Compliance Risk for Employers

NLRB Has 17,000 Open Unfair Labor Practice Cases

By: Scott D. Wilson The National Labor Relations Board (“NLRB”) is currently managing a significant accumulation of unresolved unfair labor practice (“ULP”) investigations. As disclosed by NLRB Operations Division Chief William Cowen, the agency has approximately 17,000 open ULP cases, including nearly 10,000 matters pending for more than six months. Given the NLRB’s annual processing volume of … Continue reading NLRB Has 17,000 Open Unfair Labor Practice Cases

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