News

Two new opinion letters address FMLA leave during company closure and travel to and from medical appointments.

If an employer chooses to pay an employee at the overtime RATE for a holiday worked, how does this factor into the regular rate-of-pay calculations?

It’s becoming clear that the EEOC intends to use litigation as the preferred tool to enforce the Pregnant Workers Fairness Act until employers understand their obligation to accommodate pregnant workers in a way that preserves earnings whenever possible. To that end, the EEOC just sued U.S. Steel in a case that highlights how not to handle pregnancy at work.

As an employer, you may be worried about hiring older workers. Questions may include: Are older applicants healthy enough to resume work? Do they possess the current skills necessary? How long will they stay? Unfortunately, practical as those concerns may be, legally they are irrelevant. Here’s what you need to know.

Many employers want more employees back in the office, but few want to relive the backlash that followed earlier return-to-office mandates. Instead of issuing rigid requirements, organizations are increasingly relying on quieter, less confrontational approaches that nudge behavior without sparking open resistance. For HR teams, these strategies can be effective, but only when applied thoughtfully and equitably.

It’s fine to have a more casual dress code if that suits your company’s culture and industry; however, it’s still a good idea to have a dress code in place. Be sure that your dress standards are inclusive of all cultures, religions and gender identities.

Recently, EEOC Chair Andrea Lucas announced that one of the agency’s priorities for 2026 is supporting pregnant employees in their efforts to remain on the job during and after pregnancy. Although she expects the agency to narrow the scope of regulations under the Pregnant Workers Fairness Act, that does not mean the EEOC isn’t aggressively going after employers that aren’t in full compliance with that law.

Employers can’t interfere with the right of an employee to take FMLA leave if that employee qualifies. But what if the employee has documented performance problems prior to leave? Can the employer still discipline the employee if that discipline would have been appropriate had the employee not requested leave?

The Department of Labor’s Occupational Safety and Health Administration has begun calling attention to interpretive letters it’s publishing in the past year as part of its education push to encourage voluntary compliance. Much like the DOL’s new opinion letters, OSHA wants employers to know exactly what it expects of them.

Beginning in early 2026, Pennsylvania workers have a new set of employment protections. One new law applies state-wide, while several other laws apply in major population hubs, such as Philadelphia and Pittsburgh.