Practical Takeaways From Recent DOL Opinion Letters

Consider writing about:

Two opinion letters issued on July 22 by the U.S. Department of Labor’s Wage and Hour Division regarding compensation for time spent on work duties outside the office; what to know about the nature and impact of DOL opinion letters; what employers should take from these opinion letters in terms of their own pay practices, employee commute time, and treatment of workers who may work off-site or have hybrid work arrangements.

Related information:

https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-10.pdf

https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FLSA/FLSA2026-9.pdf

FedEx to Pay $900K Over USERRA Dispute

Consider writing about:

A $900,000 settlement that Federal Express Corp. will pay in a dispute over compensation owed to workers on military leave; additional settlement terms worth noting; what employers should know about their obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994; whom the USERRA applies to; common misunderstandings or potential pitfalls regarding USERRA’s scope and application; whether new USERRA cases are cropping up amid the United States’ conflict with Iran; how employers and managers can best plan for employees’ potential absences due to military leave.

Related information:

https://news.bloomberglaw.com/employee-benefits/fedex-settles-military-paid-leave-suit-for-900-000-future-pay

Jury Sides With Former Nike Engineer in Sex Discrimination Case

Consider writing about:

A multimillion-dollar jury verdict in a sex discrimination case against Nike; factors that may have contributed to the $7.5 million punitive damages award; prospect of additional sex discrimination claims being pursued against Nike; what employers should know about their obligations under the federal Equal Pay Act; best practices for employers as regards equitable compensation and promotion practices or defenses against discrimination allegations.

Related information:

https://www.opb.org/article/2026/07/22/oregon-jury-verdict-nike-discriminated-against-former-employee-gender

Health Care Fraud Investigation Results in Declination

Consider writing about:

The resolution of a criminal health care fraud investigation into an organization that provides services to an optometry practice and ambulatory surgery center; alleged wrongdoing on the part of Campus Eye Management Holdings and its subsidiary; basis for the U.S. Department of Justice’s granting of a declination in this case; what this case may demonstrate regarding the DOJ’s Corporate Enforcement Policy; what other companies in the health care sector may be able to learn from the Campus Eye Management case and its outcome.

Related information:

https://www.justice.gov/opa/pr/fraud-division-resolves-fraud-investigation-eye-care-group-under-new-corporate-enforcement

Wellstar Reaches $4M Agreement Over Sharing of Patient Data

Consider writing about:

A $4.25 million settlement that Wellstar Health System has agreed to in a data privacy case; type of information that Wellstar shared, with whom, and via what means; what this case may illustrate regarding healthcare companies’ data privacy obligations and related risks; a refresher on patient consent, handling of confidential information, and best practcies involving health-related data.

Has Sanofi Found a Remedy for Its Antitrust Pains?

Consider writing about:

How French pharmaceutical company Sanofi recently ran into trouble with European Union antitrust regulators; what this case shows regarding the reach of EU antitrust law and related pitfalls that may arise for companies; any similar cases of note, whether specifically involving pharmaceutical companies or more generally speaking; antitrust-related guidance for companies doing business in the European Union.

Related information:

https://www.reuters.com/business/healthcare-pharmaceuticals/eu-seeks-feedback-sanofis-commitments-addressing-suspected-anti-competitive-2026-07-08

How Final DHS Rule on ‘Duration of Status’ Affects F-1 and J-1 Visa Holders

Consider writing about:

A final rule published by the U.S. Department of Homeland Security on July 17 that affects F-1 and J-1 visa holders; when the rule takes effect; categories of individuals most affected by this rule; what the rule change means for these visa holders’ residency status, employment options, length of stay in the United States, and other rights or related risks; compliance obligations or practical guidance for schools, universities, or other impacted individuals or entities.

Related information:

https://www.dhs.gov/news/2026/07/16/trump-administration-issues-final-rule-end-foreign-student-visa-abuse

ICE Agents Increasingly Targeting Airline Passengers: What to Know

Consider writing about:

Multiple reports of an increase in immigration enforcement actions at U.S. airports; what individual travelers or their employers should know about potential risks of arrest and detention at this time; travelers who are most at risk; what to know about immigration agents’ authority on airport property and about immigration authorities’ access to travelers’ information; rights that individuals may be able to exercise during a confrontation with immigration agents; information that employers should be conveying to their workforce; whether foreign nationals should avoid air travel right now; how they may be able to minimize risk to themselves if they feel compelled to maintain their travel plans; whether other modes of domestic or international travel are also being heavily targeted by immigration agents.

Related information:

https://abcnews.com/US/federal-immigration-authorities-targeting-airports-arrests/story?id=135170980

What DHS Interim Final Rule Means for Asylum Seekers

Consider writing about:

An interim final rule released by the U.S. Department of Homeland Security this week; how the rule stands to affect asylum seekers; rationale for the new rule; its effective date; what to know about the affirmative asylum process as it has existed prior to this rule; how the new rule is likely to impact court proceedings, removal proceedings, deportations, and the overall asylum process and immigration court system in the United States.

Related information:

https://www.dhs.gov/news/2026/07/27/uscis-announces-rule-change-asylum-system-reduce-backlog

https://www.federalregister.gov/documents/2026/07/28/2026-15190/affirmative-asylum-referrals-without-interview

What to Know About Limitation of Liability Clauses [Ongoing]

Consider writing about:

Limitation of liability clauses; what these clauses typically consist of in a construction-related context; main effects of these clauses for various sides of a business relationship; any noteworthy legal disputes involving a limitation of liability clause, and practical takeaways from those disputes.

‘Rent Now, Pay Later’ Trends

Consider writing about:

“Rent now, pay later” services; how these services work; how widespread they are; how they are regulated; pros and cons for renters or property owners; how “rent now, pay later” services compare to “buy now, pay later” operations; legislative or regulatory actions targeting the “rent now, pay later” sector on consumer protection grounds; what companies doing business in that arena should know about newly proposed or implemented rules.

A Rental Surcharge for Working From Home? Say It Isn’t So

Consider writing about:

A California property owner’s apparent attempt to charge prospective renters an additional fee if they work from home; whether such a fee would be legal (depending on jurisdiction and type of property); potential grounds for discrimination if the work-from-home arrangement involved the Americans with Disabilities Act and an employer accommodation; what property owners should know before adding unusual extra fees on to a monthly rental figure; related rights or best practices on tenants’ part. (Furthermore, if a property owner can charge renters more for working from home, does that mean an owner could also legally charge renters more after they retire and are, presumably, spending more time at home than when they were working?)

Related information:

https://www.realtor.com/news/trends/bay-area-rent-work-from-home-fee

https://www.sfgate.com/local/article/work-from-home-fee-22362344.php