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

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

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

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

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

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

EEOC Signals Increased Focus on Religious Discrimination Cases

By Phillip Giorlando and Fred Preis With a Republican majority restored to the Equal Employment Opportunity Commission (EEOC), employers should expect a significant uptick in religious discrimination litigation. Acting Chair Andrea Lucas has pledged to advance “broader litigation priorities” emphasizing religious liberty, marking a shift in enforcement focus under the current administration. Key Developments: The … Continue reading EEOC Signals Increased Focus on Religious Discrimination Cases