Many employers hesitate to discipline or terminate for misconduct if the employee has recently engaged in protected activity, such as requesting FMLA, seeking an accommodation, or filing a complaint. Suspicious timing can easily lead to a retaliation claim, so the concern is understandable. But hesitation has costs too for an organization—no accountability for the misconduct, past practice is now undermined, and the employee is emboldened to commit more policy violations.
Continue Reading Seventh Circuit: Termination Following Same-Day FMLA Request Was Not
Retaliation

In our latest national state law update, we review state laws that have gone into effect or were enacted in 2026. Below is a non-exhaustive summary of major state laws that have gone into effect so far in 2026. Employers should be mindful of and continue to follow their state and local laws.
Continue Reading State Laws Impacting Employers in 2026

A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its authority when it created a new framework for issuing bargaining orders in Cemex Construction Materials Pacific, LLC. For employers in the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee), this ruling limits the NLRB’s ability to impose bargaining orders under the Cemex standard.
Continue Reading Federal Court Blocks NLRB Standard That Made Union Recognition Easier

A proposed rule from the U.S. Department of Labor (“DOL”), published Feb. 26, could once again change how employers classify workers as employees or as independent contractors. With the constantly shifting tests and rules, every change, including the presently proposed DOL rule, creates the risk of mistakes that may expose businesses to audits, investigations, and lawsuits, potentially resulting in years of back pay and liquidated damages liability.
Continue Reading Understanding the New DOL Proposed Rule on Independent Contractor
Classification

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so imposes undue hardship, remains a critical employer obligation. Despite decades of established guidance, ADA accommodation issues continue to drive a significant volume of claims and enforcement actions from the Equal Employment Opportunity Commission (EEOC) and state agencies. These disputes often arise not because employers refuse or are unable to provide accommodation, but because they mismanage the process or overlook key compliance steps.
Continue Reading Mistakes Employers Make During the ADA Accommodation Process and How to
Avoid Them

Despite a new administration in D.C. and a push by the executive branch to reign in federal worker unions, the U.S. Bureau of Labor Statistics finally released figures showing that the percentage amongst all U.S. workers who were part of a labor union ticked up ever so slightly from 9.9 percent in 2024, to 10 percent in 2025. With respect to the private workforce, that percentage held at 5.9 percent (same as 2024).
Continue Reading Union Membership Rate in U.S. Held Steady in 2025

The Americans with Disabilities Act (ADA) prohibits discrimination and guarantees persons with disabilities have equal access to purchase goods and services. Title II of the ADA governs places of “public accommodation,” which includes residential home builders sales offices. Although single family and model homes are not considered places of public accommodation, ADA complexities arise when home builders use some or part of a model home as a sales office.
In these common situations, Title II may apply, triggering accessibility requirements. Residential builders should consider how to minimize compliance costs and operational disruptions while meeting ADA obligations when using a model…
Continue Reading ADA Compliance for Model Home Sales Offices: Solutions for Residential Home
Builders

Join labor & employment partners Ann Hanneman and Stephanie Cantrell for a practical Breakfast Briefing focused on preventing retaliation and discrimination claims before they arise. This session will provide employers with guidance on identifying risk areas, responding appropriately to employee complaints, and implementing best practices that reduce exposure.
Continue Reading Register Today for Breakfast Briefing Series: Retaliation & Discrimination
Claims: Prevention, Risk, and Best Practices for Employers

There is a growing circuit split between the Third and Fifth circuits over whether employers can block National Labor Relations Board (NLRB) proceedings while raising constitutional challenges. The disagreement centers on the Norris-LaGuardia Act (NLGA), a nearly century-old law designed to keep federal courts out of labor disputes, which is driving one of the biggest fights in labor and employment law at the moment. With two circuits now at odds, Supreme Court review is increasingly likely and the question is deceptively simple: Can a federal court order the NLRB to stop its proceedings while a lawsuit challenging the Board’s constitutionality…
Continue Reading Can Employers Block NLRB Proceedings? What the Circuit Split Means for Your
Organization

A new wave of litigation under the Illinois Biometric Information Privacy Act (BIPA) has emerged, zeroing in on a technology many employers now routinely use: AI-powered meeting transcription and note-taking tools. In recent months, plaintiffs have filed class actions alleging that vendors like Fireflies.AI collect and store “voiceprints”—unique biometric identifiers derived from speech—without providing the written notice, informed consent, or transparent retention and destruction policies BIPA demands.
Continue Reading Employers Beware: Uptick in BIPA Lawsuits Targeting AI Note-Taking Software

JPMorgan Chase, BlackRock, and Charles Schwab have already announced they will match the federal government’s $1,000 seed contribution to Trump accounts for their employees’ children. But for most employers, the question is whether the regulatory landscape is clear enough to make an informed decision.
Continue Reading Trump Accounts: A New Player in the Employee Benefits Lineup

In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an IC in practice, not just on paper. This is one of many reasons it is important to actively review and manage your independent contractor relationships to ensure they don’t unwittingly morph into employees.
Continue Reading Independent Contractors in Wisconsin Can Create Additional Liability for
Employers in the Form of Negligent Supervision Claims 

Effective January 1, 2026, Senate Bill 464 (SB 464) has fundamentally transformed California’s annual pay data reporting framework for employers. The Civil Rights Department (CRD), California’s enforcement agency, now has the authority to levy mandatory fines without judicial discretion.
With the May 13, 2026, deadline for filing 2025 data approaching, it is critical for management to maintain an accurate and up-to-the-minute understanding of these obligations. A proactive approach is now essential to avoid costly compliance failures.
Continue Reading SB 464 Guide: California’s New Mandatory Pay Data Penalties for 2026