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The best way to win an employee lawsuit is to prevent it in the first place. You’ll be able to head off many disputes by understanding what stirs workers up and makes them want to call a lawyer.

President Trump on Jan. 27 fired two Democrats from the EEOC and one from the National Labor Relations Board, leaving both agencies without a quorum and unable to conduct substantive business. The terminations were expected to trigger lawsuits that could make their way to the U.S. Supreme Court.

With a new president come changes in leadership at federal agencies. Here’s what’s new at the EEOC, NLRB and DOL.

The ADA states that employers “shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.”

Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.

In the 48 hours after President Trump took office on Jan. 20, he issued a torrent of executive orders and actions, many of them bearing directly on issues that matter to HR professionals and employers.

I understand that the FMLA allows salaries to be reduced for exempt employees who are on intermittent FMLA. However, my question is this: Would I change them to an “hourly basis” during the approved intermittent FMLA event? And if so, would they be eligible for overtime? Or would I just continue to track the FMLA hours and reduce their pay based on the hours they used?

The coming Immigration and Enforcement crackdown on immigrants lacking legal status won’t affect you or your employees if you know—because of their I-9 documentation—that they are legally allowed to work in the U.S. However, you may not be so confident if you use subcontractors or temporary workers.

If you’re faced with a staff member who isn’t a good fit, is termination the answer, or would it be better to demote the employee? The answer is, of course, it depends. Always weigh demotions case by case.

With February comes Valentine’s Day, as good an excuse as any to review your policies so employees understand there are limits on how, where and when they can embrace the spirit of romance at work.