Marvin Kaplan comments on the NLRB’s request for en banc review in Brown-Forman Corp. v. NLRB and the case’s broader implications in “NLRB Bets on Full Sixth Circuit to Revive Critical Board Power,” published by Bloomberg Law.Subscription may be required to view...
Menopause leave is ‘a missed opportunity’ for employers, NFP says
Menopause symptoms typically occur during a woman’s peak career years and can contribute to lower productivity, greater absenteeism and even workforce attrition, one report found.
Dual-Role Scheduling & Overtime: New DOL Opinion Letter FLSA2026-5
Does dual-role scheduling put your overtime compliance at risk? A new DOL opinion letter says it depends on the specific facts of the arrangement. The question came from an academic medical center, but the answer applies broadly to any employer that uses dual-role...
Dare to Compare! 5th Circuit Reaffirms Comparator Requirement in Discrimination Cases
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit reaffirmed a familiar — but increasingly debated — principle in employment discrimination law: Plaintiffs proceeding under the McDonnell Douglas framework must identify a similarly situated...
Federal Court Rules Streaming Performers Independent Contractors Under New Jersey Test, Not Federal
On May 29, 2026, the U.S. District Court for the District of New Jersey found that while a certified class of performers on an adult streaming platform was correctly classified as independent contractors under the federal Fair Labor Standards Act (FLSA), the class did...
Eleventh Circuit Confirms Waiver of Damages Cap in Title VII Case
On May 28, 2026, the U.S. Court of Appeals for the Eleventh Circuit ruled that the employee-headcount damages cap under Title VII of the Civil Rights Act of 1964 is a waivable affirmative defense and that Title VII defendants must explicitly raise the applicable...
A Party of No-Shows? Implementation of the Pay Transparency Directive – A View Across Europe [Video]
We know that with only a few days to go until the Pay Transparency Directive comes into force in Continental Europe, many companies are wondering what is going to happen, bearing in mind that only two EU member states have published final legislation implementing the...
Chicago Paid Leave Rules Clarified and Now in Effect
Employers in Chicago: new rules that may require adjustments are now in effect. The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (OLS) adopted new rules for administering Chicago’s Fair Workweek and Paid Leave and...
DOL Inflates H-1B Wages to Force Out Skilled Foreign Workers
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