To help with your writing efforts, here’s what people are looking for in Employment Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
A proposed rule announced by the U.S. Department of Homeland Security on Feb. 20; what the proposed rule could mean for asylum seekers, the work authorization process, work permits, hiring, retention, and staffing, and other workforce- and immigration-related matters; how dramatic a change this proposed rule could turn out to be for the immigration system, employer operations, and the economy; potential for legal challenges to the DHS proposed rule.
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Trends involving allegations of national origin bias; whether employers in the Trump 2.0 era are facing an increase in litigation or enforcement actions alleging bias in favor of foreign workers over American citizens; any significant jury verdicts, rulings, lawsuits, or other related actions to know about; how employers should be managing their hiring, promotions, and other workplace practices with an eye to heading off potential claims of national origin bias.
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Recent, separate moves by the National Labor Relations Board and the U.S. Department of Labor involving joint employers and independent contractors; what these new developments may mean for enforcement actions, employers’ potential liability, the employer-employee relationship, and workers’ status, rights, and protections.
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The growth of pay transparency laws, whether in one specific country or globally; where these laws may be gaining steam; any approaching effective dates or employer deadlines of note; how various pay transparency laws compare to each other; how employer obligations are evolving under these laws; whether one jurisdiction has become a template of sorts for others as regards pay transparency requirements; potential penalties for non-compliance with those requirements; how employers can best navigate the changing landscape of new or enhanced obligations under pay transparency laws.
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Recent “reverse discrimination” developments that employers should know about, whether involving actions by the U.S. Equal Employment Opportunity Commission or other federal bodies, noteworthy litigation, or other developments. Given Trump administration policies and priorities, how concerned should employers be regarding the possibility that they could wind up facing “reverse discrimination” allegations of one type or another? How real a legal risk is a “reverse discrimination” lawsuit at this juncture, and how should employers be preparing for that eventuality? Conversely, are some employers “over-correcting” amid Trump administration signals, and putting themselves in the crosshairs of state attorneys general?
Related information:
https://www.npr.org/2026/02/05/g-s1-108780/nike-federal-probe-discrimination-white-workers
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The United Kingdom’s Global Talent visa; the visa’s origins, history, objectives, and the individuals and industries for whom it is mainly intended; what interested parties should know about changes that the UK is planning to make to its Global Talent visa system, and how someone can best qualify for a Global Talent visa; whether the U.S. tech sector should be concerned about losing prospective hires to the United Kingdom, partly due to the UK’s Global Talent visa system; and perhaps a comparison of UK immigration policies and work visa trends to those in the United States under the Trump administration.
Related information:
https://questions-statements.parliament.uk/written-statements/detail/2026-01-20/hcws1254
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The U.S. Department of Justice’s reported use of the False Claims Act to pursue companies over their use of allegedly illegal DEI initiatives; company or industry types that may be in the DOJ’s crosshairs over this issue; whether the Department’s use of the FCA represents a marked change in the Trump administration’s attacks on companies’ DEI-related efforts; how novel the use of the False Claims Act in this context might be; potential repercussions for a company of being charged in an FCA case; typical course of action for a DOJ False Claims Act investigation; how companies can prepare for such a possibility.
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The Workplace Know Your Rights Act; origins and intent of SB 294; key employer obligations under this Act, and their effective date; and perhaps a look at any other existing or proposed laws of this type in other states, and whether such measures may be gaining steam.
Related information:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB294
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Donning-and-doffing lawsuits; common claims in these types of cases; employer missteps that can open the door to these sorts of claims; applicable labor laws and worker rights; noteworthy verdicts, rulings, or settlements involving donning-and-doffing claims. Alternatively or additionally, consider whether to do a more wide-ranging piece regarding pre- and post-shift workplace activities of various types (not just donning and doffing), and employers’ related compensation obligations under the law.
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A Jan. 22 vote by the U.S. Equal Employment Opportunity Commission to rescind its Biden-era workplace harassment guidance; reason given for the EEOC’s action; what the vote does and does not do; practical implications for employers navigating harassment complaints and associated legal risks; additional advice for employers on federal or state protections against harassment and related obligations.
Related information:
https://www.hrdive.com/news/eeoc-rescinds-harassment-guidance/810251
https://www.npr.org/2026/01/22/nx-s1-5683134/eeoc-trump-gender-identity-harassment
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A recent 5th Circuit decision in a tax dispute involving limited partners; background of, and key issues in, this case; practical implications of the federal appeals court ruling; possible next steps in this case; what else to know about the limited partner exception from self-employment tax.
Related information:
https://www.ca5.uscourts.gov/opinions/pub/24/24-60240-CV0.pdf
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Updated guidance issued by the Internal Revenue Service on Jan. 15 regarding retirement plan rollover distributions; reasons for the update; practical takeaways for retirement plan administrators from the IRS guidance; related guidance regarding plan administrator obligations.
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The UK Employment Rights Bill; its origins, its key points or objectives, its status, its effective date, its overall significance, and related compliance obligations or potential pitfalls or heightened liability risks for employers.
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An employee incident that recently went viral as a result of a racially charged interaction with customers; what this case may illustrate for employers regarding workplace perils in an increasingly polarized and emotionally charged political atmosphere; related guidance on screening or training new hires, de-escalation techniques, disciplinary procedures, best practices for internal investigations, documentation related to terminations, and preparation for potential challenges by employees who are disciplined or fired. (In this instance, there are claims that the fired worker had repeatedly been harassed by the customers and that she suffered from PTSD. One also wonders where the employee’s supervisor was during this heated and apparently protracted interaction, and whether that’s a sign that management oversight was lacking.)
Related information:
https://www.yahoo.com/news/videos/bodycam-footage-shows-moments-fired-214805620.html
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New protections for Illinois immigrant communities, as signed into law by that state’s governor on Dec. 9; to whom the protections extend; new obligations on the part of hospitals, day care centers, universities, courthouses, and others; how the law will be enforced; potential challenges in doing so; whether other states are enacting or considering similar measures.
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New work permit rules announced by U.S. Citizenship and Immigration Services on Dec. 4; types of permits at issue; workers to whom the new rules apply; when the rule change takes effect; rationale for the change; potential implications for employers in terms of workforce, staff turnovers, operations, and compliance with Employment Authorization Document processes.
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A nearly $39 million settlement that Starbucks recently reached to resolve a case involving alleged violations of New York City’s Fair Workweek Law; what to know about this law’s history and scope; actions on the part of Starbucks that ran afoul of the Fair Workweek Law; what other employers may be able to learn from this settlement; how laws (or proposals) similar to New York City’s are trending in other parts of the country.
Related information:
https://www.nyc.gov/assets/dca/downloads/pdf/media/Starbucks-Consent-Order.pdf
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A lawsuit filed against AT&T over its treatment of a long-time remote worker; what this case may illustrate regarding accommodation requests, return-to-work policies, and related employee rights, employer obligations, and potential misunderstandings or pitfalls; how other employers can best navigate these issues while minimizing liability risks.
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Legal reminders for businesses contemplating the possible need for layoffs. With layoff notices surging in the United States, this is a good time to remind employers of their obligations under the federal Worker Adjustment and Retraining Notification Act or comparable state laws, as well as additional obligations or best practices pertaining to any of the following: unionized workforces, potential appearance of discrimination (and the handling of related allegations), recovery of work property, protection of confidential information, complications involving remote workers and/or multiple office jurisdictions, handling of final payouts of wages and benefits, communication with remaining workers.
Related information:
https://www.cbsnews.com/news/layoffs-warn-notices-october-employment-economy-federal-reserve-report
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This month’s ruling by the 8th Circuit in a dispute over Home Depot employees’ desire to display political messaging on their uniforms; key points in the 8th Circuit’s ruling; how this case compares to the specific facts and ultimate outcomes of other cases involving employees’ display of potentially controvresial messages while on duty; what’s next for the Home Depot case; practical takeaways for other employers regarding dress codes, free speech, and related points.
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Employer-provided fertility benefits; how the availability of such benefits is trending; new guidance from the Trump administration regarding such benefits; what else employers should know about these types of benefits, in terms of plan options, structuring of benefits, legal obligations, potential pitfalls, and more.
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A new California law that will ban the use of many stay-or-pay provisions; when the measure takes effect; common types of agreements that will be prohibited under this law; industries most likely to be affected; penalties that employers should know about; exceptions to the law’s prohibitions; additional compliance considerations or alternatives for California employers; and perhaps a related look at how common stay-or-pay provisions are on a wider geographic basis (regionally or nationally), and whether legislators in states other than California are seeking to rein in, or overturn, these types of employment agreements.
Related information:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB692
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Your choice of pregnancy discrimination developments in the workplace, whether involving noteworthy lawsuits, EEOC actions, verdicts, or settlements, or evolving laws and emerging or shifting protections. Also offer practical guidance involving any of the following points: recurring mistakes on the part of employers regarding pregnancy bias and existing or potential hires; additional issues regarding remote work, accommodation requests, paid or unpaid leave, in vitro procedures, miscarriages, the rights of spouses or unmarried partners to parental leave; how employers can avoid liability over alleged pregnancy discrimination.
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A Sept. 19 announcement by the U.S. Department of Labor regarding an enforcement initiative that the Trump administration has dubbed Project Firewall; what the initiative consists of and how it will be implemented and enforced; what this initiative could mean for employers’ hiring processes and for their use of the H-1B visa system in particular; potential penalties or other liability risks on the part of employers deemed to be out of compliance.
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California Gov. Gavin Newsom’s recent veto of legislation known as the ‘No Robo Bosses’ Act; what the measure would have meant for employers and workplaces; reasons for the governor’s veto of the legislation; whether the bill’s backers intend to reformulate the measure for a new attempt at passage; how other states are approaching the issue of AI tools’ use in the workplace.
Related information:
https://www.hrdive.com/news/gov-newsom-vetoes-no-robo-bosses-act/802758
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A former Amazon driver’s lawsuit against the Equal Employment Opportunity Commission; key claims in the lawsuit; what this lawsuit may illustrate regarding the changing landscape involving disparate impact claims and workplace discrimination; what to watch for as this lawsuit proceeds; how discrimination claims against employers are faring, given the Trump administration’s outlook on disparate impact issues.
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A trademark infringement lawsuit that the Trader Joe’s grocery chain lodged against a labor union; what to know about court rulings in this case; where the lawsuit stands at this point; what other companies may be able to learn from this dispute as it pertains to their own labor relations and intellectual property concerns.
Related information:
https://cdn.ca9.uscourts.gov/datastore/opinions/2025/09/08/24-720.pdf
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Employer obligations and potential pitfalls that federal contractors should keep in mind during and after the U.S. government shutdown. What are the key issues that these employers should be paying attention to, as regards employee compensation, benefits, and more? Are there common misconceptions that they (or their employees) may need clarification regarding? How can federal contractors best comply with applicable federal and state labor laws or workplace policies while navigating the shutdown?
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How the enforcement of labor laws may be changing in New York and California; what to know about those states’ Public Employment Relations Boards and their roles and authority; how the Boards’ enforcement powers may be expanding; issues driving these changes; status of legal challenges to the expansion of the Boards’ powers; whether other states are considering enacting similar changes; what else employers should know about the New York and California developments, and/or about a potential wider trend in the making.
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A judge’s final approval of a $43.25 million settlement in a gender discrimination class action against The Walt Disney Co.; additional settlement terms of note; alleged company practices at issue in this case; what to know about the California Equal Pay Act; and perhaps a wider-angle look at gender discrimination trends (whether statewide or nationally), and how employers can avoid being held liable for allegedly discriminatory treatment of their workers.
Related information: