Employment Trending Topics

Consider writing about:

Deloitte’s agreement to pay $21.5 million to settle Trump administration claims that the accounting firm discriminated against employees and job applicants on the basis of race or sex; what to know about the U.S. Department of Justice’s allegations against Deloitte; how the False Claims Act applies in this case; how this case compares to other instances of the Trump administration pursuing companies over their DEI practices and policies; how other companies can best prepare for similar scrutiny of their own hiring and employment practices.

Related information:

https://www.justice.gov/opa/pr/deloitte-agrees-pay-215m-resolve-alleged-employment-discrimination-violations

Consider writing about:

Legal fallout from an employee termination session that was captured and disseminated by an AI tool. The related gender discrimination lawsuit against an East Coast engineering firm has been attracting attention for what sounds like a classic “oops!” moment on the employer’s part. What can other employers learn from the allegations in this case as regards their own termination procedures, employee meetings, AI’s use by managers, and the use of AI notetaker tools in particular?

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A recent decision by the National Labor Relations Board that Whole Foods was within its rights to bar workers from displaying “Black Lives Matter” messages on their clothes or accessories; basis for the NLRB’s ruling; practical takeaways for other employers in relation to their own dress codes and disciplinary practices.

Related information:

https://thehill.com/blogs/in-the-know/6007748-nlrb-whole-foods-blm-ruling

Consider writing about:

A recently passed Colorado law that sets workforce demographic reporting requirements for entities doing business in that state; when the reporting requirement takes effect; businesses to whom the new law applies; how the Colorado law compares to current or prior federal reporting requirements; what other states have laws similar to Colorado’s; whether additional states have recently passed, or are considering, new demographic reporting requirements in the wake of the Equal Employment Opportunity Commission’s proposal to jettison its own longstanding requirement; how employers across the country should be approaching their data collection practices amid evolving disclosure requirements.

Related information:

https://leg.colorado.gov/bills/HB26-1207

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

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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

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

Consider writing about:

The emergence of faith-based objections to artificial intelligence in the workplace; what employers should know about the possibility of employee requests for religious accommodation or exemptions involving AI-related work duties; potential basis, or precedent, for these types of requests; practical guidance on how employers can possibly get ahead of this issue; reminders regarding best practices for employers fielding any type of religious accommodation requests.

Related information:

https://www.businessinsider.com/worker-got-religious-exemption-using-ai-at-work-2026-6?

Consider writing about:

The U.S. Supreme Court’s June 29 ruling in Trump v. Slaughter; what the ruling could mean for the powers, independence, and future of regulatory agencies; what to know about unitary executive theory; what the Slaughter ruling could mean for the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration in particular.

Related information:

https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf

Consider writing about:

A controversy that developed over the San Francisco Giants’ annual Pride Night celebration; initial repercussions for several baseball players who wrote biblical verses on their rainbow-themed ball caps; how the U.S. Department of Justice has responded to Major League Baseball’s handling of the issue; possible next chapter in this dispute; and, more broadly speaking, how employers in general can navigate a complicated terrain involving diversity, public messaging, religious beliefs, freedom of speech and potential misconceptions or missteps by either their employees or by the employers themselves.

Related information:

https://www.sfgate.com/giants/article/doj-sf-giants-pride-22312542.php

Consider writing about:

The Equal Employment Opportunity Commission’s recently released National Enforcement Plan; what the plan indicates regarding the EEOC’s role, priorities, overall orientation, guiding philosophy, and likely enforcement targets; how the plan compares to EEOC Strategic Enforcement Plans; any noteworthy omissions from the National Enforcement Plan; how employers should be responding to the EEOC’s National Enforcement Plan.

Related information:

https://www.eeoc.gov/newsroom/eeoc-releases-new-national-enforcement-plan

https://www.eeoc.gov/sites/default/files/2026-06/NEP_-_signed.pdf

Consider writing about:

Non-disclosure agreements, a perennial topic that attracted a new burst of attention recently, due to the second Trump administration’s desire to have federal employees sign NDAs. What are the legal rights, common misunderstandings, or potential pitfalls involving NDAs, whether for public or private employers and their workforce? What are some key employer do’s and don’ts regarding NDAs? What do employers tend to overlook when crafting NDA policies? And how is the use of AI tools in the workplace adding a new layer of complexity to NDA protocols and associated risks?

Consider writing about:

Employee reinstatements and/or hefty settlements (amounting to six-figure dollar amounts in at least some cases) that have occurred in the wake of people being fired by various employers over comments made in the wake of Charlie Kirk’s killing; what these cases may illustrate regarding First Amendment rights, protected speech, issues involving off-duty conduct, the intricacies of disciplinary and termination decisions, and the potential for employer missteps or liability; how employers can be better prepared the next time a political controversy finds its way into their workforce.

Related information:

https://www.axios.com/2026/05/28/charlie-kirk-settlement-payouts-2-million

Consider writing about:

An executive order recently issued by California Gov. Gavin Newsom addressing job losses and additional workforce disruptions caused by artificial intelligence and other emerging technologies; what the Executive Order aims to accomplish; relevant timelines; how much of an advance the executive order represents in compared to other actions by California decisionmakers regarding AI; where the executive order may fall short; how other states’ governors are approaching the issue of AI-fueled job losses, displacement, or related needs for worker retraining and/or reassignment.

Related information:

https://mashable.com/tech/newsom-ai-jobs-executive-order

Consider writing about:

The recent certification of a labor union for Massachusetts ride-share drivers; significance of this development, whether for the drivers themselves, ride-share companies, passengers, or the gig economy as a whole; how labor organizing efforts in Massachusetts compare to efforts on behalf of ride-share drivers elsewhere; how fears of being displaced by automation may have fueled the organizing drive in Massachusetts, and what that may portend for workers’ rights and company actions in other industries.

Related information:

https://apnews.com/article/union-ridehail-uber-lyft-311664558946981432c091f0106003ca

Consider writing about:

The EU Pay Transparency Directive; what to know about the directive’s main goals, effective date, and to whom it applies; what the directive means for employee rights, and employer restrictions or obligations; how employers can best prepare for the directive and related compliance matters.

Consider writing about:

A lawsuit filed against The New York Times by the U.S. Equal Employment Opportunity Commission on May 5; stated grounds for the lawsuit; what this case signals about the EEOC’s enforcement priorities and potential liability risks for employers; how this case compares to other Trump administration actions targeting perceived corporate DEI initiatives or policies; additional practical takeaways for employers who may feel as though they are walking a legal tightrope under the second Trump administration.

Related information:

https://www.eeoc.gov/newsroom/eeoc-sues-new-york-times-dei-related-race-and-sex-discrimination

Consider writing about:

A Chinese court’s recent ruling in favor of a tech worker who was reassigned to a lower-level job with lesser pay, and ultimately terminated, after AI essentially took over his role; precedent for this type of ruling, whether specifically to China or globally; practical guidance for employers on carrying out personnel reassignments, layoffs, or downsizing in the AI age.

Related information:

https://www.npr.org/2026/05/01/nx-s1-5807131/tech-worker-china-ai

https://www.theguardian.com/world/2026/may/13/china-court-awards-compensation-sacked-worker-replaced-by-ai

Consider writing about:

The latest performance plan from the U.S. Equal Employment Opportunity Commission, released by the EEOC on April 3; what stands out to you about the EEOC’s latest actions and top priorities, as described in the report; how these compare to those from prior years or administrations; what the EEOC report may indicate regarding logical compliance priorities or potential risk areas for employers.

Related information:

https://www.eeoc.gov/fy-2027-agency-performance-plan-app-and-fy-2025-agency-performance-report-apr

Consider writing about:

Significant developments involving paid or unpaid employee leave; whether employee leave rights are contracting or expanding; any noteworthy trends in how these rights are evolving in terms of certain scenarios, employee groups, or other details; how much employee leave laws differ from one jurisdiction to another; practical guidance on complying with these laws; additional guidance for employers who are bound by laws in more than one jurisdiction; any instructive verdicts or other legal outcomes that may help illustrate the do’s and don’ts of workplace leave policies.

Consider writing about:

An April 10 announcement by the U.S. Department of Justice regarding a $17 million False Claims Act settlement with IBM over the company’s DEI practices; type of practices at issue; how this case falls under the FCA; what stands out to you about this case, in addition to the dollar size of the settlement and the fact that it marks a first; practical takeaways for other companies as regards their own employment practices and potential liability risks.

Related information:

https://www.justice.gov/opa/pr/ibm-pays-17-million-resolve-allegations-discrimination-through-illegal-dei-practices

Consider writing about:

Workplace security checks; noteworthy lawsuits, verdicts, or settlements over pay owed to employees for their time spent on security screenings; related employer obligations under state or federal law; how these obligations may differ according to jurisdiction; additional factors that can determine employees’ eligibility for compensation; do’s and don’ts for employers when communicating and enforcing security protocols and related wage policies.

Related information:

https://www.ctinsider.com/news/article/fedex-settlement-lawsuit-connecticut-wage-act-21987768.php

Consider writing about:

President Trump’s latest nominations to the National Labor Relations Board; what to know about the current and projected makeup of the Board, how the Board has been performing since regaining a quorum, and what issues are likely to be top of mind for the NLRB as we enter the second quarter of the year.