WASHINGTON – The U.S. Department of Labor today filed an amicus brief urging the Fourth Circuit to affirm a district court’s decision dismissing the claims in Stana v. SAS Institute Inc., No. 26-1305, that the employer breached its fiduciary obligations by not using...
How Does a Clawback Clause Affect Overtime Calculations? What Payroll Should Know
Not every sign-on bonus belongs in the overtime calculation – and a recent federal case out of Virginia shows why. A fired employee filed a lawsuit against his former employer, claiming he was illegally terminated after complaining about a co-worker’s alleged use of...
Second Circuit Clarifies Standard for Religious Discrimination Claims
An employee must show that an adverse employment decision was motivated by the employee’s need for a religious accommodation in order to establish a prima facie religious discrimination case under Title VII of the Civil Rights Act of 1964, the U.S. Court of Appeals...
D.C. Circuit Rejects NLRB “Successor Bar” for Unionized Business Acquisitions
What employers should know about union recognition, employee majority support, and bargaining obligations after a business acquisition. The D.C. Circuit has invalidated the National Labor Relations Board’s (“NLRB”) “successor bar,” a rule that required a new owner of...
Cal/OSHA’s Serious Accident-Related Citations: A Practical Guide for Employers [Podcast]
In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ...
Splitting the Commute: When Mid-Day and Dispatch-Driven Travel Is (and Isn’t) Compensable Under the FLSA
The U.S. Department of Labor’s (DOL) Wage and Hour Division issued two new opinion letters, FLSA2026-9 and FLSA2026-10 on July 22, 2026, addressing how the Fair Labor Standards Act (FLSA) treats travel by employees who work part of their day at home. Read together,...
No need to pay for ordinary, midday commutes, DOL says
The agency addressed compensable working time in a pair of opinion letters Wednesday.
New Back Wages Settlement: San Diego Deli to Pay $500K
A San Diego deli will pay more than $500,000 in back wages after a federal investigation found it paid workers a flat daily rate that fell short of minimum wage and overtime requirements. Here’s what happened, according to an investigation by the U.S. Department of...
EEOC Moves to End Demographic Reporting—But Employers Should Not Change Course Yet
The Equal Employment Opportunity Commission (EEOC) has taken a significant step toward dismantling one of the federal government’s longest standing employment reporting requirements. On July 21, 2026, the EEOC voted 2-1 to issue a Notice of Proposed Rulemaking (NPRM)...
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