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:

Election Season Issues From a Labor Law Perspective 

Consider writing about:

Labor- and employment-related issues that tend to arise in connection with the political election season, whether they involve internal issues (speech rights, or limitations, in the workplace; potential disputes between employees, or even workplace violence or outsider threats; employee rights to time off for voting or requests for time off for volunteering, etc.) or external issues (ballot measures or key races that employers – either generally, or in a particular region or industry – should be paying attention to, and what the midterm results could mean for worker rights and protections).

Is Your Latest Remote Hire a North Korean Scammer? 

Consider writing about:

The ongoing problem of North Korea-linked workers posing as legitimate job applicants; forms that this type of fraud has taken, how pervasive it’s believed to be, and how the risk to current or would-be employers is evolving; what businesses can do to protect themselves from this persistent threat; what the U.S. government or other authorities are doing to combat this problem; related federal guidance for employers.

Related information:

https://www.justice.gov/opa/pr/justice-department-announces-coordinated-actions-combat-north-korean-remote-it-worker

https://www.ic3.gov/PSA/2026/PSA261013

Instacart Parent Company to Pay $5M to Settle Feds’ Claims Over Foreign Workers 

Consider writing about:

A $5 million settlement that Maplebear (parent company of online delivery operation Instacart) has agreed to pay to resolve allegations that Instacart discriminated against U.S. workers based on citizenship status and national origin; hiring and recruitment practices at issue in this case; takeaways for other employers from this case; related immigration enforcement trends that employers should be heeding.

Related information:

https://www.justice.gov/opa/pr/civil-rights-division-and-equal-employment-opportunity-commission-secure-5000000-joint

https://finance.yahoo.com/small-business/articles/instacart-settles-us-probe-over-180425194.html

EEOC Poised to Roll Back Guidance on Treatment of Criminal History 

Consider writing about:

A draft final rule released on Oct. 6 by the U.S. Equal Employment Opportunity Commission; what the rule would mean for EEOC guidance on the treatment of arrest and conviction records in the course of making employment decisions; how this rule jibes with other Trump administration actions regarding disparate impact; guidance for employers on this evolving area and on legal risks that may persist for them even if the EEOC rolls back its prior guidance.

Related information:

https://www.reginfo.gov/public/do/eoDetails?rrid=1556016

EEOC Presses Hyundai Over Alleged National Origin Discrimination 

Consider writing about:

The U.S. Equal Employment Opportunity Commission’s investigation of alleged anti-American discrimination by Hyundai’s ENG America division; basis for, and status of, the EEOC investigation; related trends under the Trump administration involving alleged employment discrimination on the basis of national origin; what other employers should know about enforcement risks on this front and how to navigate federal investigations such as the one that Hyundai has been undergoing.

Related information:

https://www.hrdive.com/news/eeoc-seeks-subpoena-enforcement-against-hyundai-non-korean-bias-probe/831546

Lyft Agrees to $272M Settlement in Misclassification Case 

Consider writing about:

A $272.5 million settlement that Lyft has agreed to pay to resolve misclassification and compensation allegations involving drivers for the platform; what to know about misclassification legal trends and related risks for companies, whether pertaining solely to rideshare companies or California, or more broadly speaking; how companies can avoid opening themselves up to lawsuits over alleged misclassification.

Related information:

https://arstechnica.com/tech-policy/2026/10/lyft-settles-landmark-driver-misclassification-lawsuit-for-272-5m

Accenture to Pay $25M in FCA Case Involving Employment Practices 

Consider writing about:

A recently announced agreement by Accenture to pay $25 million to resolve alleged False Claims Act violations involving the company’s hiring, promotions, and other employment practices; how the Accenture case compares to other Trump administration cases involving companies’ diversity and inclusion policies; practical guidance for employers (and federal contractors in particular) regarding their handling of demographic data and other employment policies in light of continuing scrutiny and enforcement actions.

Related information:

https://www.justice.gov/opa/pr/accenture-agrees-pay-25m-resolve-alleged-employment-discrimination-violations

DoorDash Reaches $131M Settlement Over Worker Pay 

Consider writing about:

A $131.5 million settlement reached between DoorDash and New York City over the company’s compensation practices for its delivery workers; key compensation matters at issue; related monitoring requirements under the company’s agreement with the city; potential pitfalls that DoorDash practices may illustrate for other companies, regardless of industry or location; and, more specifically, what the DoorDash case may indicate about wage and hour risks for companies doing business in New York City.

Related information:

https://finance.yahoo.com/small-business/articles/264-000-doordash-drivers-were-174805979.html

Trump Administration Puts New Pressures on Users of H-1B Visa Program 

Consider writing about:

New pressures that the Trump administration is applying to employers or individuals who are part of, or considering being part of, the H-1B visa program; what to know about an executive order and presidential proclamation issued on Sept. 18; what employers who sponsor H-1B workers should be doing to make sure they comply with existing requirements and also to best position themselves in anticipation of potential investigations, given the Trump administration’s heightened scrutiny of the H-1B system; any guidance or additional information that employers should be watching for from federal authorities that may help clarify risk and compliance issues specifically pertaining to employers’ layoffs of workers.

Related information:

https://www.whitehouse.gov/presidential-actions/2026/09/enhancing-program-integrity-and-integrity-and-interagency-coordination-in-the-administration-of-the-h-1b-nonimmigrant-visa-program

Top Takeaways From NLRB General Counsel’s Memorandum 

Consider writing about:

A memorandum released by the National Labor Relations Board’s general counsel on Aug. 26 regarding her top priorities for the Board; what stands out to you about this list from Crystal Carey; how significant a shift this memorandum represents from prior administrations; what it portends for workplace operations, employer obligations, and worker rights.

Warehouse Workers Sue Amazon Over Alleged Pregnancy Discrimination 

Consider writing about:

A pregnancy discrimination lawsuit filed against Amazon by warehouse workers; key points in the lawsuit; related legal trends involving pregnancy discrimination claims more generally, whether by workers or by regulators; what to know about the Pregnant Workers Fairness Act or state-level standards governing the treatment of pregnant workers and related accommodation obligations.

Reading the Chart on Employer Wellness Programs 

Consider writing about:

The latest developments of note involving employer wellness programs. Take your pick of lawsuits, rulings, or regulatory actions or federal guidance to write about. What do these developments help clarify for employers or for employees? What are some legal risks that still may persist over the structuring and implementation of workplace wellness programs, and how can employers best navigate this terrain?

Related information:

https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-74#f17

https://www.yahoo.com/news/politics/articles/dol-other-agencies-address-questions-161600113.html

Deloitte to Pay $21M to Settle Federal Probe of DEI Practices 

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

Will AI Tool’s Transcript Hold the Key to Gender Bias Lawsuit’s Outcome? 

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?

NLRB Sides With Whole Foods Over ‘Black Lives Matter’ Employee Messaging 

Consider writing about:

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

Open AI, Subsidiary to Pay $3M Over Hiring of Foreign Workers 

Consider writing about:

A $3.2 million settlement that OpenAI and a subsidiary will pay over allegations that the two companies favored foreign workers over U.S. citizens when hiring; key points of the Immigration and Nationality Act at issue in this case; employers’ obligations according to the Permanent Labor Certification (PERM) process; related enforcement actions and trends involving alleged hiring-related discrimination against U.S. citizens.

Related information:

https://www.justice.gov/opa/pr/civil-rights-division-secures-settlement-openai-discriminating-against-us-workers

https://www.justice.gov/opa/pr/civil-rights-division-sues-cloudera-excluding-us-workers-applying-high-paying-technology

Meta Sued Over Allegedly Discriminatory Use of AI Tools in Conducting Mass Layoffs 

Consider writing about:

A novel lawsuit by more than two dozen former Meta employees over the company’s use of AI-powered software to select candidates for mass layoffs; claims involving alleged bias or other violations of state and federal laws; how the Americans with Disabilities Act, the Pregnant Workers Fairness Act, and related rights and protections enter into this case; what other employers should be considering regarding their own layoff processes, accommodation obligations, and use of AI tools as the case against Meta progresses.

New Colorado Law Shows Data Disclosure Requirements Are a Moving Target for Employers 

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

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

Appellate Court Rebuffs Professor in Tax Dispute Over Remote Work 

Consider writing about:

A July ruling in a tax dispute stemming from work done remotely from home during pandemic-related lockdowns; what to know about New York’s convenience of the employer rule; what this ruling demonstrates regarding the intricacies of state tax laws and personal obligations, especially as they pertain to remote or hybrid work arrangements that cross state lines.

Related information:

https://www.nycourts.gov/reporter/current/3dseries/2026/2026_04251.shtml

When Religion and Science Collide: Faith-Based Objections to AI in the Workplace 

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?

House Bill Addresses Menopause Issues in the Workplace 

Consider writing about:

The introduction of legislation in the U.S. House of Representatives this week to expand workplace protections for workers experiencing menopause; rationale for this measure; what this legislation specifically aims to accomplish; prospects for the bill’s passage; how state legislatures or courts are treating the issue of menopause, worker rights, and accommodation requests.

Related information:

https://debbiedingell.house.gov/news/documentsingle.aspx?DocumentID=7106

Slaughter Ruling’s Implications for Regulatory Agencies and Labor Law 

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

DOJ Prepares to Suit Up Over SF Giants’ Pride Night Attire 

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

Amazon to Cough Up $3M Over Compensation for COVID Screening Time 

Consider writing about:

A $3 million settlement that Amazon has reached with Pennsylvania workers who sued over alleged lack of compensation for time spent taking mandatory COVID screening tests prior to their shifts; what to know about applicable wage laws; what this case may demonstrate regarding compensation rights and obligations pertaining to required pre- or post-shift activities; additional guidance for employers on the do’s and don’ts of mandatory or optional health screenings and potential pitfalls associated with those workplace procedures.

Related information:

https://www.msn.com/en-us/money/companies/amazon-agrees-to-pay-3-million-to-workers-for-unpaid-wages/ar-AA26nsNk?ocid=socialshare

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