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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Court clarifies line between microaggressions, management style

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.

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DOL moves forward with new FLSA and FMLA independent contractor regulations

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.

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Can our handbook ban covert recordings?

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?

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EEOC chair warns employers about DEI discrimination risks

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.

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NLRB General Counsel Memo upends rules

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.

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Follow-up on immigration enforcement

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

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Congress to consider paid leave

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.

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Department of Justice tees up DEI challenge for Supreme Court

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.

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Yes, you’re entitled to specifics about claimed disability

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.

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Sharp employment drop for Black women raises workforce concerns

Black women’s employment rate fell 1.4 percentage points in 2025, dropping to 55.7%—one of the steepest single-year declines in 25 years, according to the Economic Policy Institute.

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