No-hire agreements have quietly lived in vendor and service contracts for years. The FTC has now made clear that they are an active antitrust enforcement target. TL;DR: The Federal Trade Commission entered a consent order prohibiting a company from using no-hire agreements in customer contracts. The FTC treated those provisions…
Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on…
HR professionals do not have a crystal ball. When an employee files an EEOC charge, no employer can predict how that dispute might later be reframed in a lawsuit or expanded with new legal theories. A recent Fourth Circuit decision recognizes that reality, while still reinforcing something practical…
Employers often worry that a good-faith effort to keep an injured employee working will later be used against them as proof they “could have accommodated” the employee indefinitely. A recent Sixth Circuit decision draws a clear line between temporary flexibility and permanent obligation. TL;DR: The Sixth Circuit affirmed summary judgment…
Employees do not need perfect words or legal buzz phrases to trigger ADA protections. But they do need to communicate clearly enough to let an employer know they are asking for a change at work because of a medical condition. A recent federal court decision out of Ohio shows…
Courts see plenty of promotion disputes that boil down to one familiar complaint: I should have gotten the job.The Fourth Circuit just explained why that argument usually is not enough. TL;DR: In a published decision, the Fourth Circuit affirmed summary judgment for an employer facing a Title VII failure-to-promote claim.…
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part three of a three-part series – covers the final two letters, both under the FLSA, and both aimed at assumptions employers…
On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part two of a three-part series – focuses on two FLSA letters that address problems employers often assume they have already…
Two different HR questions triggered two formal FMLA opinion letters this week – and both answers will feel uncomfortably familiar to the employers they affect. On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six new opinion letters in total, addressing a mix of FMLA…
At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing. Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims…