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In a recent post, we covered employers’ obligations to record certain work-related injuries and illnesses on the OSHA 300 Log and related forms. But recordkeeping is only part of the picture. The law requires employers to report some serious workplace incidents directly to OSHA. OSHA’s reporting obligations are separate and distinct from ...

Recent settlements by government regulators and three large private employers mark a growing trend employers should take note of.  Since announcing its first DEI-related False Claims Act (FCA) settlement in April 2026, the U.S. Department of Justice (DOJ) has secured a series of multi-million-dollar settlements with major federal ...

The National Labor Relations Board’s latest decision on Lion Elastomers LLC could have significant implications for employers managing employee misconduct that occurs during protected union or concerted activity. In a September 23, 2026 decision, the Board held that it must apply the standard established in General Motors LLC and remand the ...

By: Daniel Burke and Briana Blair

As anxiety, depression, PTSD, and other mental health conditions increasingly affect the workplace, HR leaders face a difficult balancing act: supporting employees who are dealing with such mental health challenges while navigating overlapping obligations under the Americans with Disabilities Act (ADA ...

New duties-based standard changes the tipped-employee analysis and carries implications for tip credits and tip pools.

Effective April 10, 2026, Kentucky changed its definition of a “tipped employee”. Kentucky replaced a money-based test with additional duties standards that look at what the employee actually does. Under the prior ...

In an important ruling for businesses seeking to acquire a unionized entity, the Court of Appeals for the District of Columbia recently held that the National Labor Relations Board’s (NLRB) longstanding "successor bar" doctrine is unlawful because it compels a successor employer to recognize and bargain with an incumbent union for up to one year ...

Beginning July 15, 2026, Kentucky employers have a new legal tool to address situations like the one described above. House Bill 521 expands Kentucky's criminal trespass law by making it second-degree criminal trespass for an individual to enter or remain in a workplace and engage in threatening behavior after receiving a verbal or written ...

Remote work prompted by COVID is now being phased out by many in favor of returning to on-site work situations. Now that most workforces are back “in office,” following the Fair Labor Standards Act (FLSA) regarding hours worked should be straightforward, but it always seems to get tricky. The Department of Labor recently published an ...

On Friday, the U.S. Senate confirmed National Labor Relations Board (the Board) member, Republican James Macy, creating a 3-1 majority. James Macy joins Republicans James Murphy and Scott Mayer, and Democrat David Prouty. There is still one vacant seat on the Board.

On May 7, 2026, House Bill 1034 was signed into law, officially enacting the first general employment noncompete statute in the state of Tennessee. HB 1034 became effective July 1, 2026. Because certain violations could void noncompete agreements, it is imperative for Tennessee employers to familiarize themselves with the statute’s new ...

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