Articles by Editorial Staff

September 22, 2020

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Department of Labor Revises Family and Medical Leave Notices and Forms

As reported on this blog in July, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) announced that it was taking significant steps to streamline optional-use forms and notices. Workers could use the forms to request leave under the Family and Medical Leave Act (FMLA). Employers could also use these forms and notices to coordinate the FMLA leave used at their workplace. Backgr...

September 22, 2020

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Employers Need to Be Careful When It Comes to Flu Vaccinations

As fall and winter approach, it means that cases of seasonal flu will increase. This, in addition to the continuing COVID-19 pandemic, might cause concern for employers everywhere. Some employers might even consider requiring employee flu vaccinations as a way to protect workers from the contagious illness. According to the National Law Review, however, employers need to be cautious when implem...

September 17, 2020

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DOL Revises FFCRA Paid Leave Rules

On September 11th, 2020, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued revisions to the Families First Coronavirus Response Act (FFCRA). These updates clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions. The revisions are in response to the August 3rd, 2020, U.S. District Court for the Southern District of New York decisio...

September 16, 2020

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Two States Announce New Paid Sick Leave Laws

On April 1st, 2020, the Families First Coronavirus Response Act (FFCRA) went into effect nationwide. Under that law, businesses with less than 500 employers provide workers with up to two weeks of paid sick leave. Employers also need to provide additional emergency family and medical leave. This leave, however, must be related to the COVID-19 health crisis. The paid sick leave provided goes bac...

September 14, 2020

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OSHA Continues COVID Violation Penalties

In July 2020, the U.S. Occupational Safety and Health Administration (OSHA) cited a workplace for failing to protect employees from the coronavirus. This was the first coronavirus-related fine levied by OSHA. According to the agency, the healthcare company was in violation of two respiratory protection standards: failing to develop a comprehensive written respiratory protection program; an...

September 8, 2020

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Federal Agency Updates COVID-19 Guidance Including Testing Guidelines

In March 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various Frequently Asked Questions (FAQs) concerning COVID-19 issues. Since the original release, the FAQs have been updated on a near-monthly basis with new additions. Overall, the guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the A...

September 7, 2020

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California Expands List of Independent Contractor Classifications

On September 4th, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 2257 into law, modifying AB 5, which was originally created to determine who can be considered a contractor and who can be considered an employee. The new, modified version of the law took effect immediately and provides flexibility to such employment fields as freelance writers, musicians, film support crews,...

September 4, 2020

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Fifth Circuit Court of Appeals Rules on Regular Rate of Pay Burden

On September 2nd, 2020, the Fifth Circuit Court of Appeals ruled that employees, not employers, bear the burden of proof on whether bonuses should be included in the “regular rate of pay” for purposes of calculating overtime compensation under the Fair Labor Standards Act (FLSA). Background on Court Case In Edwards v. 4JLJ, L.L.C., the plaintiffs alleged that their employer failed to account ...

September 4, 2020

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IRS Issues Guidance on Social Security Tax Withholding Deferral

On August 28th, 2020, the Department of Treasury and Internal Revenue Service (IRS) issued guidance implementing a Presidential Memorandum (Memo) issued on August 8th, 2020. Created in response to the COVID-19 pandemic, the Memo allows employers to defer withholding and payment of the employee's portion of the Social Security tax if the employee's wages are below a certain amount. Background o...

September 2, 2020

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California State Court: ADA Can Apply to Online-Only Businesses

On August 11th, 2020, California Superior Court Judge Gregory Keosian refused to dismiss a lawsuit filed against an online-only video game retailer. The complaint, initially filed In December 2019 by Abelardo Martinez, Jr. alleged that Epic Games does not operate an accessible website per Web Content Accessibility Guidelines (WCAG) accessibility standards. The WCAG standards are recommendations...

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Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

EPA Aligns Hazardous Chemical Requirements with Latest Hazard Communication Standard

At the end of June, the U.S. Environmental Protection Agency (EPA) announced a final rule updating the agency’s current hazardous chemical inventory reporting requirements. Specifically, the rule aligns those requirements with the Occupational Safety and Health Administration's (OSHA’s) Hazard...

EEOC Rescinds Permissible Affirmative Action Guidance

On June 30, 2026, the Equal Employment Opportunity Commission (EEOC) officially rescinded two longstanding documents relating to permissible affirmative action. The documents were part of the EEOC's guidance on affirmative action under Title VII of the Civil Rights Act of 1964.

USCIS, E-Verify Issues Updated Temporary Protected Status Guidance for Seven Countries

On June 25th, 2026, the United States Supreme Court (Court) issued a decision in Mullin v. Doe that has ramifications for Temporary Protected Status (TPS) designations for some employees. Specifically, the decision allows the Department of Homeland Security (DHS) to move forward with ending...

DOJ Challenges EEOC's Stance on Disparate Impact Claims

The U.S. Department of Justice (DOJ) recently issued a legal opinion that may signal major changes ahead in federal workplace discrimination enforcement. In a June 9, 2026 memorandum, the DOJ's Office of Legal Counsel (OLC) expressed the opinion that the Equal Employment Opportunity Commission's...

Department of Labor Issues 2026 Civil Penalty Update: No Adjustments This Year

The U.S. Department of Labor (DOL) recently published its annual update announcement regarding federal civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act. In a notice published in the Federal Register on May 27th, 2026, the DOL announced that no penalty increases...

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Articles by Editorial Staff