At this point, all employers should be aware of the heightened risks arising from maintaining DEI programs in the age of President Trump. As we have discussed, the EEOC is increasingly focused on protecting majorities, rather than traditionally marginalized...
Supreme Court Clarifies Interstate Commerce Requirement for FAA’s Arbitration Exemption- Considerations for Employers
On May 28, 2026, in Flowers Foods, Inc. v. Brock, the U.S. Supreme Court issued its fourth ruling in recent years interpreting the scope of the transportation worker exemption found in Section 1 of the Federal Arbitration Act (FAA). In a unanimous decision authored by...
Senate Confirms 2 New NLRB Members, Creating 3–1 majority
On August 7, 2026, the U.S. Senate confirmed two nominations by President Donald Trump to the National Labor Relations Board (NLRB), including a new member who shifts the Board’s political composition to a 3–1 Republican majority. Quick Hits The U.S. Senate confirmed...
Wage compression — not job cuts — may be the outcome of AI adoption at work
Employers may have to square cost savings with a workforce that is less financially secure.
Summary of NLRB Decisions for Week of July 20 – 24, 2026
Summary of NLRB Decisions for Week of July 20 - 24, 2026 [email protected] Thu, 08/06/2026 - 10:08 The Summary of NLRB Decisions is provided for informational purposes only and is not intended to substitute for the opinions of the NLRB. Inquiries should be directed to...
Payroll Scheme to Avoid Overtime Backfires: $457K Payout
What happens when an employee works 50 hours per week, but payroll makes it look like 25 hours for each of two companies to avoid overtime premiums? That was the setup allegedly devised by the owner of two janitorial companies in New Jersey. Now the companies must...
DOL Opens 2026 VETS-4212 Filing Platform: Covered Contractors and Data Requirements
Like clockwork, the 2026 VETS-4212 reporting platform opened on August 1, 2026, with the filings due by September 30, 2026. Unlike the ongoing effort to eliminate EEO-1 reporting, the VETS-4212 reporting requirement remains in place meaning that covered contractors...
Ontario Court of Appeal Clarifies Interpretive Framework for Termination Clauses in Employment Contracts
On August 6, 2026, the Ontario Court of Appeal released Baker v. Van Dolder’s Home Team Inc., resolving two consolidated appeals and clarifying the interpretive framework for termination clauses in employment contracts—particularly the enforceability of provisions...
A Guide for New Jersey Employers on AI + Workplace Algorithmic Discrimination Risks
In January 2025, the New Jersey Division on Civil Rights (DCR) issued guidance explaining the New Jersey Law Against Discrimination (LAD) applies equally to decisions made with the assistance of artificial intelligence (AI). Employers cannot avoid liability because an...
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