President Trump has nominated Scott Mayer and James Murphy to serve on the National Labor Relations Board (NLRB). If the Senate confirms them, it would give the Board a quorum—enough members to start issuing decisions again—and likely shift the Board’s direction to more pro-employer outcomes. Continue reading
What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash?
In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he was suspended, ordered to attend anti-discrimination training, and eventually fired.
He claimed the First Amendment protected him. A federal appeals court disagreed. And while the decision binds only public employers, the lessons extend well into the private sector. Continue reading
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. Continue reading
Where have I been? I took a short break from July 4 through July 14 to spend some time offline on vacation with my family. Thanks for your patience—and I promise this one was worth the wait.
The One Big Beautiful Bill (OBBB) became law on July 4—and with it, major new tax and reporting obligations for employers. From payroll compliance to fringe benefit design, much of what’s in this law affects HR, legal, and finance teams directly.
To help employers get ahead of the coming changes, we’re hosting a live Zoom panel discussion (with time for audience Q&A) featuring three top minds in tax and benefits law.
🗓️ Thursday, July 24, 2025 at Noon ET
📍 Zoom: Register here
Continue reading
The EEOC has sued a Wisconsin employer for allegedly firing a worker over Bible verses he posted on his personal social media. The case puts a spotlight on a tricky question for employers: When does off-duty religious expression become a workplace problem? Continue reading
If the Department of Labor comes knocking about unpaid wages, here’s some welcome news: as of June 27, 2025, it can no longer demand liquidated damages—unless it sues you.
TL;DR: In Field Assistance Bulletin (FAB) 2025-3, the U.S. Department of Labor announced that its Wage and Hour Division (WHD) can no longer seek liquidated damages in administrative investigations under the Fair Labor Standards Act (FLSA). That means employers resolving matters with the DOL—without going to court—are now only liable for back wages.
Every July 1, we gather to celebrate a modern fable. A baseball player hasn’t swung a bat in over two decades, yet his bank account gets a seven-figure boost—like clockwork.
That man is Bobby Bonilla. That day is today. And the story never gets old. Continue reading
Most people didn’t connect the dots between last week’s Supreme Court decision in Trump v. CASA and the FTC’s ban on noncompetes.
But maybe they should.
The Court’s ruling didn’t mention employment law. It didn’t say a word about the FTC. But it did take a wrecking ball to the kind of court order that’s currently keeping the FTC’s rule on ice. And that could matter—eventually. Continue reading
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. Continue reading
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t laugh. Now a jury will decide whether this crossed the line from offensive to unlawful. Continue reading
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