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 what happens when that step never happens. Continue reading
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. Continue reading
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 sometimes make about flexibility.
One letter addresses whether mandatory pre-shift “roll-call” time can be excluded from overtime calculations based on a collective bargaining agreement. The other addresses how to apply the commissioned-employee overtime exemption when state minimum wage exceeds the federal minimum wage – and what actually counts as commissions. Continue reading
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 resolved.
One letter deals with exempt classifications that appear sound based on job duties but unravel because of how the employee is paid. The other addresses bonus programs that feel discretionary until overtime calculations say otherwise. Continue reading
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 and FLSA issues. One addresses a routine leave-administration issue faced by virtually all employers; the other zeroes in on a recurring leave-accounting problem unique to school employers. This post covers the two FMLA letters and kicks off a three-part series unpacking what employers should take from the full batch. Neither answer here is surprising. Both are easy to get wrong. Continue reading
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 work under the New Jersey Law Against Discrimination in the employment context. These rules do not create new liability. What they do is remove any remaining ambiguity about how neutral workplace policies will be judged under state law. Continue reading
After employment claims ran their course, a stockholder tried a new angle: dressing up workplace harassment as a fiduciary-duty lawsuit. The court wasn’t persuaded. Continue reading
Before the champagne pops and the Slack notifications finally stop, it’s worth pausing to reflect on what actually defined the workplace this year.
Not the initiatives.
Not the slogans.
The refrains.
Some of these are healthy habits. Others are the phrases that tend to show up right before problems do.
Here’s what kept ending up on repeat in 2025. Continue reading
Safety policies should protect workplaces, not produce eight-figure ADA exposure. This case shows how a rigid medical rule, applied without individualized assessment, can turn a routine injury into a litigation disaster.
TL;DR: A jury found that an employer violated the Americans with Disabilities Act and Oregon disability law by enforcing a blanket medical policy that unlawfully screened out an employee instead of evaluating his actual abilities. The jury issued an advisory award that included $25 million in punitive damages, and the court declined to disturb the verdict.
Employers often try to manage overtime by adjusting schedules, staffing, or compensation models.
What they cannot do is manage overtime by adjusting the “regular rate” in a way that only shows up when overtime does.
That distinction mattered here. Continue reading
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