Two recent opinion letters from the U.S. Department of Labor’s Wage and Hour Division (“DOL”) provide additional guidance on when employee travel between home and work constitutes compensable time under the Fair Labor Standards Act (“FLSA”). Together, these letters illustrate an important distinction for employers: an employee’s ordinary commute generally remains unpaid, but an employer…
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The U.S. Equal Employment Opportunity Commission (“EEOC”) recently took a significant step that may affect how employers evaluate affirmative action and diversity-related employment practices. On June 30, 2026, the EEOC voted to rescind two longstanding guidance documents that had provided employers with the agency’s interpretation of when voluntary affirmative action plans could comply with Title…
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On April 29, 2026, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff alleging disability and age discrimination against her former employer failed to provide evidence tending to show that her employer’s reasons for terminating her were pretextual. This affirmed the ruling dismissing her claims from the United States District…
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On February 25, 2026, The National Labor Relations Board (“NLRB”) published a final rule withdrawing its 2023 regulation titled “Standard for Determining Joint Employer Status” and formally readopting the 2020 joint employer standard into the Code of Federal Regulations at 29 C.F.R. § 103.40. The agency’s action effectively removed the expanded regulatory framework adopted during…
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In FieldTurf USA, Inc. v. Polyloom Corporation of America, a case in the U.S. District Court of the Northern District of Georgia, FieldTurf brought claims against a former employee alleging breach of his employment agreement and misappropriation of confidential information and trade secrets after his departure from the company. FieldTurf also sued the employee’s new…
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On December 22, 2025, the United States Court of Appeals for the Eleventh Circuit held that Walmart was entitled to summary judgment as to claims of hostile work environment, religious discrimination, and retaliation from a former employee and Russian immigrant, affirming a ruling from the United States District Court for the Southern District of Alabama…
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There has been a trend over the past several years of employers enforcing return-to-work policies. With return-to-work requirements, employers may see an increase in employees requesting Americans with Disabilities Act (“ADA”) accommodations to work from home, especially as advancements in technology make remote work possible., Employers may face the question of whether they should grant…
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Illinois has emerged as a national leader in regulating the use of artificial intelligence (“AI”) in employment decisions, particularly in hiring and recruitment. Recent amendments and expansions to Illinois law significantly restrict how employers may use AI-driven tools, especially those that analyze video interviews, facial expressions, voice patterns, or other biometric-adjacent data, to evaluate job…
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On November 25, 2025, just five (5) days after the Equal Employment Opportunity Commission (“EEOC”) released updated educational materials addressing anti-American bias in employment practices, the U.S. Department of Labor (“DOL”) formally announced its partnership with EEOC in a new enforcement initiative known as “Project Firewall.” The initiative, focused on enforcing compliance with the H-1B…
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On November 7, 2025, the United States Court of Appeals for the 11th Circuit held that a former freight handler for FedEx can move forward with his interference claim under the Family and Medical Leave Act (“FMLA”), partially reversing a ruling from the United States District Court for the Northern District of Alabama in James…
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