News

The Federal Trade Commission’s announcement that it would no longer seek a total ban on noncompetes does not mean that the agency isn’t suing employers for using noncompete agreements that it believes are anti-competitive. Most recently, the agency identified two cases where employers went too far.

Not every stray comment contributes to creating a hostile work environment. Instead, harsh words or acts like excluding someone from a meeting may reflect a management style that, while uncomfortable, does not create a hostile work environment. A recent case distinguishes the two and offers lessons to employers on telling the difference.

Andrew Rogers, the Wage and Hour Division administrator, said the 2024 final regs were too restrictive and that the 2026 proposed regs adhere more faithfully to courts’ interpretations of the FLSA. But he also predicted that more workers would be classified as independent contractors if the proposed regs are finalized.

We are a medical primary care clinic, and our handbook has a statement: “Covert recording, scanning or photocopying is a violation of office policy and will lead to disciplinary action, including possible termination.” I understand that the NLRB has rules that bar employers from preventing employees from documenting poor working conditions. Does that mean we can’t have this rule?

In a letter sent to chief executives, general counsel and board chairs, the agency’s leader emphasized that workplace initiatives tied to diversity, equity and inclusion must still comply with longstanding protections under Title VII of the Civil Rights Act of 1964.

New general counsel Crystal Carey takes the position that the agency should hear fewer cases and that regional offices should be less aggressive in pursuing employers over workplace rules.

We’ve already covered the new administration’s immigration enforcement priorities. But there’s more to consider.

Will this be the year that a federal law will require employers to provide some form of paid leave for workers? It’s too early to tell for certain, but there’s an increasing chance it might happen during the off-year midterm elections as pressure mounts on so-called affordability issues.

Still missing in early 2026 is a Supreme Court ruling forcing employers to drop DEI efforts. Now the Department of Justice has signaled that it will push for a Supreme Court decision along those lines.

Not all medical conditions that individuals have are covered disabilities under the law. To count, the individual must have a physical or mental condition that substantially impacts a major life function. That’s the test for whether employers must accommodate.