Takeaways In Lutz v. Froedtert Health, the Seventh Circuit ruled a health system correctly included shift differentials, weekend differentials, and incentive pay in employees’ regular rate of pay before calculating overtime, consistent with the FLSA and Wisconsin law....
DOL Seeks to Bring Group Health Plan Communications into the Digital Age
The U.S. Department of Labor (“DOL”) has proposed a new safe harbor option for group health plans to provide required disclosures electronically. Currently, many health plan notices are still delivered through paper mailings, which can be costly and administratively...
DOL Proposal Would Let Health Plans Deliver Documents Electronically by Default
Employers would have a clearer path to delivering summary plan descriptions (SPDs) and other required health plan documents electronically to participants who have provided—or been assigned—an electronic address under a proposed “notice and access” regulation from the...
Court Limits “Get Out of Arbitration Free” Card for “Implausible” Sexual Harassment Claims
Ever since the enactment of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) in 2022, the plaintiffs’ bar has made it Job One to insert often implausible claims of sexual harassment into all manner of disparate employment...
Texas Court Clash:Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case?
A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice...
Yet Another Rule Proposal—Department of Labor Proposes Prevailing Wage Increases
On March 27, 2026, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking in the Federal Register designed to substantially restructure the methodology used to calculate prevailing wages for H-1B, H-1B1, and E-3 nonimmigrant classifications. The...
Germany’s Mecklenburg-Western Pomerania Regional Labor Court Rules on Workplace Eavesdropping
The Mecklenburg-Western Pomerania Regional Labor Court (Landesarbeitsgericht (LAG) Mecklenburg-Vorpommern) ruled on March 25, 2026, (Ref. No. 5 SLa 119/25) that an employer was not liable for a nursing home employee’s covert monitoring of coworkers where the employer...
I’ve Got the Need for Leave- The Interaction Between FMLA and ADA
You have an employee who says they are dealing with a medical condition and need leave or other time off from work. What are your legal obligations? How do you balance the needs of your business with the needs of the employee? There are a variety of laws related to...
Show Your Work- Fifth Circuit Stresses the Importance of Thorough Harassment Investigations
In a case highlighting the importance of an adequate response to harassment allegations, on July 14, 2026, the U.S. Court of Appeals for the Fifth Circuit in Brenyah v. Columbia Hospital Corporation of Bay Area reversed summary judgment on an employee’s hostile work...
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