Employment Trending Topics

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:

Top Takeaways From the EEOC’s National Enforcement Plan 

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

Non-Disclosure Agreements: Do’s and Don’ts 

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?

Charlie Kirk Commenters Reinstated; What Employers Should Know Before the Next Controversy 

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

Calif. Governor Issues Executive Order on AI-Related Workforce Disruptions 

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

Mass. Ride-Share Drivers Gain Union Recognition 

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

Disability Accommodation: Noteworthy Trends and Practical Guidance 

Consider writing about:

Disputes over disability accommodations in the workplace; why lawsuits over this issue have been increasing; how employers can best anticipate or respond to employees’ disability accommodation claims; additional guidance for employers or other practical takeaways from the outcomes of noteworthy lawsuits on this front.

Ready or Not, Here Comes the EU Pay Transparency Directive 

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.

EEOC Sues New York Times Over Alleged Discrimination Against White Male Employee 

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

Court Sides With Worker Who Was Edged Aside by AI 

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

Top Takeaways From EEOC’s Latest Report on Agency’s Performance Results and Goals 

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

Don’t Leave It to Chance: How to Navigate Employee Leave Laws 

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.

What to Know About Updated IRS FAQs on Educational Assistance Programs 

Consider writing about:

The Internal Revenue Service’s April 20 release of updated FAQs regarding educational assistance programs; how these types of programs operate; what the IRS Fact Sheet clarifies regarding program criteria, assistance rules, and other key points in the wake of changes made by the budget reconciliation measure often referred to as the One Big Beautiful Bill Act.

Related information:

https://www.irs.gov/newsroom/updates-to-frequently-asked-questions-about-educational-assistance-programs

Implications of $17M FCA Settlement Over DEI Practices 

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

Compensation Pitfalls and Pointers Involving Security Screenings 

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

With Nominations in the Pipeline, What’s Next for the NLRB? 

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.

Implications for Federal Contractors and Subcontractors of New Executive Order on DEI ‘Discrimination’ 

Consider writing about:

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.

Related information:

https://www.whitehouse.gov/presidential-actions/2026/03/addressing-dei-discrimination-by-federal-contractors

Noncompete Trends: What to Know 

Consider writing about:

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.

DOL Releases Proposed Rule on Pay Rates for Foreign Workers 

Consider writing about:

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.

Related information:

https://www.federalregister.gov/documents/2026/03/27/2026-06017/improving-wage-protections-for-the-temporary-and-permanent-employment-of-certain-foreign-nationals

Practical Takeaways From NLRB General Counsel’s Updated Guidance 

Consider writing about:

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

Walmart Agrees to $100M Settlement Over Pay Practices 

Consider writing about:

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/news-events/news/press-releases/2026/02/walmart-agrees-100-million-judgment-settle-ftc-states-charges-over-deceptive-earnings-claims-related?utm_source=govdelivery

https://www.ftc.gov/system/files/ftc_gov/pdf/WalmartSparkDriverComplaint.pdf

AI-Generated Job Ads Violated Immigration and Nationality Act, Says DOJ 

Consider writing about:

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.

Related information:

https://www.justice.gov/opa/pr/civil-rights-division-obtains-settlement-company-used-ai-generated-advertisements-excluded

How Proposed DHS Rule Would Affect Asylum Seekers and Employers 

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.

Related information:

https://www.uscis.gov/newsroom/news-releases/dhs-proposes-rule-to-prioritize-americans-safety-by-strengthening-screening-of-asylum-seekers

Are Claims of National Origin Bias on the Rise? 

Consider writing about:

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.

Related information:

https://news.bloomberglaw.com/litigation/bmw-worker-awarded-5-1-million-for-bias-based-on-us-citizenship

https://www.reuters.com/legal/government/tesla-must-face-lawsuit-alleging-anti-american-bias-hiring-us-judge-rules-2026-02-24

What to Know About Recent NLRB, DOL Actions Involving Joint Employers and Independent Contractors 

Consider writing about:

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.

Related information:

https://www.dol.gov/newsroom/releases/whd/whd20260226

What’s Happening With Pay Transparency Laws? 

Consider writing about:

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.

Reverse Discrimination Developments and Related Guidance 

Consider writing about:

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

What to Know About UK’s ‘Global Talent’ Visa 

Consider writing about:

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

DOJ Reportedly Turning to False Claims Act to Go After DEI Initiatives 

Consider writing about:

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.

California Employers: Are You Complying With the Workplace Know Your Rights Act? 

Consider writing about:

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

Donning and Doffing Do’s and Don’ts for Employers 

Consider writing about:

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.