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Employment Law

Employer challenges EEOC authority to file systemic-discrimination cases

09/08/2025
Ordinarily, the EEOC is authorized to sue employers whom it has determined may be engaging in systemic discrimination. One employer has challenged the EEOC’s right to bring systemic-discrimination cases.

FMLA intermittent leave not limited by certification estimate

09/02/2025
Employees with intermittent leave certifications for serious health conditions that may flare up from time to time are entitled to more time off than the estimate. Holding an employee strictly to the certification and terminating that employee for missing more work may backfire badly.

Is that religious belief sincere? If not, you can push back

09/02/2025
Title VII provides that employees are entitled to reasonable accommodations for their sincerely held religious beliefs and practices. But what is a sincerely held belief? And how far can employers go to challenge that assertion?

National Guard deployments create employer obligations

09/02/2025
As the White House deploys National Guard units to cities like Los Angeles and Washington, D.C., in increasing numbers, now is a good time for employers to review their obligations under the Uniformed Services Employment and Reemployment Rights Act and the Family and Medical Leave Act.

Using tip credit? Beware dangers of requiring work before and after tipped shifts

08/30/2025
Here’s a warning to employers that routinely use a tip credit when compensating tipped employees, but also require them to perform additional work before the beginning of their tipped work and after the tipped part of the day ends.

NLRB to states: Don’t enact bills assuming board can’t enforce NLRA

08/25/2025
The National Labor Relations Board’s lead attorney is pushing back against pending legislation in California, Massachusetts and New York that would allow state agencies to adjudicate private-sector union disputes and supervise union elections if the NLRB continues to operate without a quorum.

5th Circuit freezes 3 cases while courts consider NLRB’s constitutional status

08/25/2025
A three-judge panel of the 5th Circuit Court of Appeals on Aug. 19 said court orders barring the NLRB from pursuing unfair labor practices cases against SpaceX and two other companies should remain in place while their constitutional challenges are being litigated.

Shifting views on discrimination challenge DEI momentum

08/25/2025
Public opinion on discrimination in the U.S. is shifting—and with it, perceptions of diversity, equity and inclusion initiatives. At the same time, skepticism about whether DEI programs reduce discrimination is growing.

NLRB acting general counsel tells employers and unions to work things out

08/18/2025
Effective August 7, regional NLRB offices will first check whether the alleged unfair labor practice falls within a collective bargaining agreement and could be resolved under the contract.

Accommodation could include return to office

08/18/2025
A recently filed case puts a different spin on telework accommodations. A disabled employee asked to return to the office five days a week as her accommodation.