Shanah Tovah! Wishing a Happy New Year to all who are celebrating Rosh Hashanah (שנה טובה). With Yom Kippur approaching, here is a scenario to consider: An employee asks to work from home on the afternoon leading into the fast so they can log off early and get to synagogue…
The Employer Handbook Blog
A Price Tag on H-1B Visas: Breaking Down Trump’s Major Proclamation
Few immigration programs spark as much debate as the H-1B, and now it is back in the spotlight. The Trump administration’s latest move has the potential to reshape how employers recruit and retain technical talent, with ripple effects across workforce planning. TL;DR: On September 19, 2025, President Trump signed…
Congress Revives Proposal to Eliminate Credit Checks in Hiring
Employers who use credit reports in hiring may soon hear renewed calls to stop, but likely not because of new federal law. TL;DR: The Equal Employment for All Act of 2025, sponsored by Senator Elizabeth Warren and other Democrats, would amend the Fair Credit Reporting Act to bar most employers…
So-Called “Reverse Discrimination”: Easier to Start, Still Hard to Finish
A longtime CFO thought his company’s succession plan was rigged against him in favor of a female candidate for CEO. He sued, claiming sex discrimination and retaliation. Thanks to recent Supreme Court guidance, men bringing reverse discrimination claims no longer face extra procedural hurdles. That makes these cases easier to…
The six words that helped turn a layoff into a lawsuit
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant…
The EEOC’s $350K Reminder: Retaliation Has No Expiration Date
Retaliation cases often turn on timing, but this one shows that even years after the fact, employers can still be on the hook. Add in a secretly recorded “smoking gun” conversation, and you have a recipe for a costly settlement. TL;DR: The EEOC announced a $350,000 settlement with two Arkansas…
When policy violations aren’t hacking: Third Circuit shuts down employer’s scorched-earth lawsuit
It started with a sick day, a spreadsheet literally called “My Passwords.xlsx,” and a colleague trying to help. It ended with a company accusing two former employees of federal computer crimes and trade secret theft. The Third Circuit’s response? Nice try — but workplace policy violations aren’t hacking. TL;DR:…
Warning letters are the FTC’s latest prescription for noncompete abuse in healthcare
The FTC just made clear that while the nationwide noncompete ban is dead, the agency is not backing down. Employers, particularly in healthcare, are officially on notice. TL;DR: The FTC, led by Chairman Andrew Ferguson, is shifting to case-by-case enforcement. The agency has begun sending warning letters to healthcare…
Boss’s Politics, Union Talk, or Religious Views? NJ Says You Don’t Have to Listen
When employees clock in, they expect to do their jobs, not sit through political speeches, anti-union campaigns, or religious lectures from their boss. New Jersey just turned that expectation into a legal right. TL;DR: On September 3, Governor Murphy signed A4429/S3302 into law. It bans “captive audience” meetings, meaning mandatory…
🎷 ‘Careless Whisper’ Isn’t a Title VII Claim
Before we get to the law, let’s admit it: anytime a case involves a supervisor leaning in to whisper in someone’s ear, you can almost hear George Michael’s sax riff in the background. But as this recent federal court decision shows, not every whisper, awkward or otherwise, creates a…