Employment & Labor

Pope Leo XIV | Credit: Vatican Media

Every once in a while, my worlds collide in the most unexpected ways.As a management-side employment attorney, I spend my days in the weeds of the FMLA and ADA. Certifications. Intermittent leave. The interactive process. Reasonable accommodations. You know, the stuff that gets our collective hearts racing.Based on my commentary from time to time, readers of this blog also may recall that I care deeply about my Catholic faith.So imagine my delight, ahem, bordering on disbelief, when I learned that Pope Leo recently took time to meet with the Italian Order of Employment
Continue Reading What Can Pope Leo Teach Us About Being Good Managers of People?

As readers know, I rarely blog more than once a week, but it does happen from time to time. This week is a really good week for me to blog twice because the Georgia legislature just completed the session with two bills signed by the Governor of Georgia on topics that we have covered quite a bit. Also, as I mentioned in my last blog entry, I may be taking a two week hiatus with my daughter coming in after the end of the school year for two weeks before she heads off for an internship. The Governor of Georgia has
Continue Reading Enacted Georgia Legislation with Implications Everywhere

Please join the ABA’s International Employment Committee for its regular monthly meeting on Thursday, May 28, 2026 at 11 AM CST. Keith Corkan, Employment Law Consultant, with UK firm Preiskel and Co., will discuss UK employment law new and updated legislation and ESG initiatives.
We were supposed to air this last month, but due to technical difficulties, we weren’t able to live broadcast our meeting.
You can join the meeting directly from this link.Meeting ID: 844 3835 2558 Passcode: 681576
Feel free to contact me regarding questions or suggestions for future meetings. I’m co-vice chair of the committee.
The post
Continue Reading ABA International Employment Committee 5/28 Speaker Keith Corkan

All Wisconsin employers know the basics of the state’s workers’ compensation statute. If an employee is hurt on the job, they may be entitled to benefits under workers’ compensation insurance. However, many don’t realize that if they fail to bring the employee back to work when suitable employment is available, the employer may be exposed to liability in the form of paying the employee up to one year of wages and benefits. This risk comes from Wisconsin’s Unreasonable Refusal to Rehire (URR) statute. Although the consequences of this statute are significant, it is frequently overlooked until it is too late.
Continue Reading Wisconsin’s Unreasonable Refusal to Rehire Statute: A Costly Trap for
Employers

I hope everyone had a great holiday weekend.

Today’s blog entry comes by way of University of Iowa Clinical Law Professor Emeritus Leonard Sandler who sent me the appellate decision in the case. After reading the appellate decision, which can be found here, I had to read the trial court decision as well. The appellate decision basically says the trial court got it right when it denied a mandatory injunction, but is otherwise rather light on analysis and what the case is all about. The case of the day concerns Solan v. Arizona, which was decided by the
Continue Reading DOJ Service Animal Rules Might Just Stop at the State Hospital or Prison’s Gate

Federal and state prevailing wage mandates are colliding on construction projects in Illinois, exposing owners, developers, and contractors to conflicting compliance obligations and increased project costs. With the enactment of Illinois HB 1189, projects that long fell exclusively under the federal prevailing wage law (Davis-Bacon) may now also be subject to the state’s prevailing wage law mandates.
While the Illinois Department of Labor (IDOL) has issued guidance for contractors, there is little clarity on how to reconcile fundamental and incompatible differences between state and federal prevailing wage laws. Contractors operating in this environment must understand where these mandates conflict and
Continue Reading Are Your Federal Construction Projects Now Subject to the Illinois
Prevailing Wage? What Contractors Must Know

This week’s blog entry is a case that has been previously blogged on by others in the blogosphere. Robin Shea in her blog blogged on our case of the week, here. However, as readers know, there are occasions where I will blog on a case that someone else has talked about first when I think I can offer my own perspective. This week’s blog entry is such a case. The case of the week is Carney v. Emory University, an unpublished decision from the 11th Circuit decided on April 15, 2026, here. By way of full disclosure, I
Continue Reading What’s in a Name Matters: Is it Coaching or is it Impermissible Medical Exams/Disability Related Inquiries

If your company offers health benefits, someone has probably asked about GLP‑1 coverage in the last six months. The drugs work, employees want access, and the sticker price through traditional pharmacy channels can run north of $1,000 per month per employee. Direct‑to‑consumer platforms like TrumpRx.gov, Hims, Lilly Direct, and NovoCare now offer the same medications between $149 and $449 per month, cash pay. The obvious question: can we reimburse employees through an HRA for purchases made through these channels?
Continue Reading GLP‑1s, Direct‑to‑Consumer Pricing, and the HRA Opportunity Most Employers
Are Missing

Synopsis: Illinois WC Appellate Solid Ruling on Disputed Work-Related Death of “Traveler” Leaves Us Guessing… Subway v. IL WC Commission.  Editor’s comment: First, the term “traveling employee” isn’t defined anywhere in the IL WC Act or Rules. The IWCC and courts can interpret it, as they feel it best. Typically, the lack of statutory direction means we are going to see unexpected outcomes related to indefinable “travelers” when such cases reach our usually liberal IL WC reviewing court. Welcome to the People’s Republic of Illinois, as my old friend would say. This ruling is less than liberal and is crystal clear to your editor. Does
Continue Reading April 2026; Disputed Work-Related Death of "Traveler" Reviewed; AI and Workers Comp and more

On April 22, 2026, the U.S. Department of Labor (DOL) issued a proposed rule that would set a single standard for joint employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”). The proposed rule would offer clarity for employers around when multiple employers are jointly responsible for protecting employee wages and other rights.
Continue Reading DOL Issues Proposed Rule on Joint Employer Status Under FLSA and FMLA

Every HR pro knows this little workplace miracle.Just as your office or plant is winding down for Memorial Day—or some other prime-time long weekend—boom: your employee’s chronic condition suddenly flares up like a Roman candle.What timing.A total and complete coincidence, right?Enter Andrew, who worked as a conductor for CSX Railroad and a chap whose story I highlighted at my recent FMLA & ADA Master Class [see recording details below].Andrew’s FMLA leave (coincidentally) clustered around holidays, and CSX relied in part on that holiday timing and broader aggregate statistics to support its suspicion that something was amiss.Like so many employers, especially
Continue Reading When FMLA Has Impeccable Timing Around a Holiday, This is What Employers Shouldn’t Do.

Before getting started on the blog entry for the week, last week, the Federal Bar Association blog posted my piece on the interactive process. It’s an unusual piece of writing in that it talks about the step-by-step approach to the interactive process AND the psychological overtones of the process. Again, as I mentioned in that piece, my thanks to Robin Shea of Constangy Brooks for her blog entry on the step-by-step approach to the interactive process and for allowing me to borrow her steps and refine it from my perspective. You can find the Federal Bar Association blog piece here
Continue Reading The Scope of the Ending Forced Arbitration Act When it Comes to Related Claims

The U.S. Department of Labor has revised OSHA’s National Emphasis Program (NEP) on outdoor and indoor heat-related hazards, signaling that OSHA will continue enforcing heat safety through inspections rather than the rollout of a new federal heat standard.
The updated NEP, which takes effect immediately and continues through April 10, 2031, refines how OSHA targets employers for heat-related inspections when the heat index is expected to be 80 degrees or higher.
Continue Reading OSHA Revises Heat Enforcement Program, Signaling Continued Enforcement
Instead of a Federal Heat Rule

In the U.S. Supreme Court’s 2024 Muldrow v. City of St. Louis decision, the Court expanded the legal standard for what qualifies as an “adverse employment action” by pivoting from asking whether a change to an employee’s terms or conditions of employment was “material” to whether  the change left the employee worse off in those terms or conditions. Unsurprisingly, employers saw a surge of challenges to everyday management decisions in the immediate aftermath.
The First Circuit’s recent decision in Walsh v. HNTB Corp., however, offers an important clarification that should hopefully serve as a blueprint for other courts dealing with
Continue Reading Federal Court Draws the Line on PIPS After Muldrow: A Win for Employers in
Walsh v. HNTB

The U.S. Immigration and Customs Enforcement (ICE) recently posted a new factsheet making significant changes to Form I-9 inspections and which “mistakes” are correctable under the Immigration and Nationality Act § 274A (“Immigration Act”). ICE reclassified many Form I-9 errors from “technical” to “substantive.” The impact is that clerical mistakes that employers formerly could correct during a Form I-9 audit are no longer correctable and instead are subject to immediate fines during a Form I-9 audit.
Continue Reading The Costs of Form I-9 Mistakes Just Went Up Drastically for Employers