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:
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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.
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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
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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.
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A March 26 Executive Order that targets “DEI discrimination” on the part of federal contractors and subcontractors; how the Executive Order defines or describes such discrimination; how the Executive Order compares to prior Trump administration actions regarding supposed DEI-related discrimination; key compliance steps and deadlines that contractors may need to know as they relate to the March 26 Executive Order; additional actions that contractors may wish to take regarding their existing employment practices and policies in light of this Executive Order; potential repercussions for non-compliance.
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The evolving landscape of noncompete agreements; how federal or state decisionmakers and regulators are addressing employers’ use of noncompete agreements; how restrictions on these sorts of agreements may be multiplying or otherwise evolving; noteworthy settlements or other legal actions involving noncompetes; practical strategies for employers, especially for employers who operate in more than one state or have employees who are located in multiple states.
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A proposed rule published by the U.S. Department of Labor on March 27 regarding wages paid to foreign workers; key worker groups or classifications to whom the proposed rule would apply; the DOL’s rationale for the rule; what the rule could mean for wage levels and for hiring and compensation practices and patterns; industries that would be most apt to feel the greatest impact from the rule, if it is implemented.
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A memorandum released by the National Labor Relations Board’s general counsel on Feb. 27; main focus of this updated guidance, and the guidance’s overall significance; practical implications for employers regarding the likely nature and shape of future NLRB investigations; additional takeaways regarding the current NLRB’s evolving priorities and potential direction.
Related information:
https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-case-handling-guidance
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A $100 million settlement that Walmart has agreed to pay to resolve allegations that the retailer misled delivery drivers about their compensation; what to know about the company’s alleged practices and the impact on its network of drivers; system changes that Walmart may be obligated to make under the proposed settlement terms; what this case may illustrate regarding enforcement trends by the Federal Trade Commission and state-level authorities.
Related information:
https://www.cbsnews.com/news/walmart-100-million-settlement-spark-delivery-drivers-ftc
https://www.ftc.gov/system/files/ftc_gov/pdf/WalmartSparkDriverComplaint.pdf
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A Feb. 25 announcement by the U.S. Department of Justice’s Civil Rights Division regarding a settlement over a company’s posting of AI-generated job listings; citizenship status criteria that ran afoul of federal law, according to the DOJ; related enforcement trends involving alleged discrimination against U.S. workers; what the DOJ’s settlement agreement with Elegant Enterprise-Wide Solutions may indicate regarding potential hiring and recruiting pitfalls (especially in the current political climate) and specifically regarding the use of AI tools in an attempt to facilitate the hiring process.
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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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