Labor & Employment Law Update

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By: Amundsen Davis

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Heather A. Bailey
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Latest from Labor & Employment Law Update

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Indiana Wage Law Update: Seventh Circuit Finds Vacation-Buy Program Is Not an Unlawful Wage Assignment

Indiana employers received favorable guidance from the U.S. Court of Appeals for the Seventh Circuit on two common workplace benefits issues: voluntary “vacation buy” programs and the treatment of unused rollover paid time off. In a June 2026 decision of first impression under Indiana law, Clayton Creason v. Elanco US Inc., the court held that an employee’s election to accept reduced compensation in exchange

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Continue Reading Indiana Wage Law Update: Seventh Circuit Finds Vacation-Buy Program Is Not
an Unlawful Wage Assignment

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When Illinois expanded protections for genetic and biomarker information under the Illinois Genetic Information Privacy Act (GIPA), effective January 1, 2027, observers assumed the law was aimed at genetic testing and medical privacy. However, a close reading of the amendments through SB2886 is forcing some Illinois employers to ask: Did Illinois inadvertently prohibit workplace drug testing?Probably not. The context of GIPA’s recent amendments strongly suggests workplace drug testing remains lawful in Illinois. The statute repeatedly links biomarker testing with…
Continue Reading Did Illinois Recently Ban Workplace Drug Testing?

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DOL Opinion Letters Clarify Rules on Meal Breaks, Tip Pooling, and Employee Volunteering

The U.S. Department of Labor’s (DOL) Wage and Hour Division recently issued three opinion letters addressing meal periods, tip pooling, and volunteer arrangements under the Fair Labor Standards Act (FLSA). Although the letters arise from hospitality, detention facility, and nonprofit settings, each provides practical guidance for employers reviewing their wage and hour compliance practices. Employers should take the opportunity to ensure their meal break, tip pooling,

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Continue Reading DOL Opinion Letters Clarify Rules on Meal Breaks, Tip Pooling, and Employee
Volunteering

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NLRB Returns to Common Sense: Protected Activity under the NLRA Does NOT Give Employees License to Engage in Abusive Workplace Conduct

On September 23, 2026, the National Labor Relations Board (NLRB or Board), in its decision in Lion Elastomers III, has acknowledged that its prior decision in Lion Elastomers II is no longer (and, really, never was) valid as establishing the standard by which to determine whether an employer may lawfully discipline or discharge an employee for engaging in

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Continue Reading NLRB Returns to Common Sense: Protected Activity under the NLRA Does NOT
Give Employees License to Engage in Abusive Workplace Conduct

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Most employers assume a handbook policy is lawful if it serves a legitimate business purpose. However, that assumption can create risk under the current National Labor Relations Board (NLRB) standard.Even in nonunion workplaces, policies that appear reasonable may draw scrutiny if employees could interpret them as restricting rights protected by the National Labor Relations Act (NLRA).For employers this means an outdated handbook can become evidence in an unfair labor practice investigation.That’s why every employer should pay attention to the…
Continue Reading Inside the NLRB: Is Your Employee Handbook Saying More Than You Intended?

The Equal Employment Opportunity Commission (EEOC) recently proposed eliminating the requirement for covered employers to provide workforce demographic information through the annual EEO-1 Report. If finalized, the change would reduce a longstanding federal reporting obligation for many employers.

However, employers should not assume that elimination of the report will make workforce demographic information irrelevant. To the contrary, employers may have good reasons to continue collecting and analyzing this information, even if they no longer have to submit it

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Continue Reading If EEO-1 Reporting Ends, Should Employers Continue Collecting Workforce Demographic Data?

Wisconsin has updated its child labor regulations, prompting employers that hire minors to review their compliance practices.

Effective June 1, 2026, the Wisconsin Department of Workforce Development (DWD) implemented Administrative Rule CR 26-015, a comprehensive update to the state’s child labor regulations. The rule revises Chapter DWD 270, repeals Chapter DWD 271, and reorganizes numerous provisions governing the employment of minors and street trades.

Although CR 26-015 does not dramatically change the actual rules governing child labor in Wisconsin,

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Continue Reading Wisconsin Child Labor Law Update: Compliance Considerations for Employers Hiring Minors

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Employers may have more flexibility to enforce neutral dress code and uniform policies, even when those policies affect employees’ display of union insignia.

On September 2, 2026, in a decision involving Starbucks’ New York Reserve Roastery, the Second Circuit rejected the NLRB’s stringent standard to workplace rules that restricts employees’ ability to display union insignia under its Tesla decision. The court concluded that the Board’s Tesla standard did not adequately balance employees’ rights with an employer’s legitimate business interests.

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Continue Reading Can Employers Restrict Union Pins and Shirts? Lessons From the Starbucks Decision

Employers acquiring a business with a unionized workforce may soon have more flexibility to challenge the incumbent union’s status than they have had for decades. On July 21, the D.C. Circuit held in Hospital Menonita de Guayama, Inc. v. NLRB that the National Relations Labor Board (NLRB ) never had the authority to impose its “successor bar” doctrine, a rule that generally requires a successor employer to continue bargaining with an existing union for up to a year

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Continue Reading NLRB Successor Bar Under Fire: What Employers Buying Unionized Businesses Need to Know

Effective January 1, 2027, Illinois employers with 26 or more employees must pay employees at their regular hourly rate for their existing job-protected jury duty leave. The change, enacted through House Bill 4844 and signed by Governor J.B. Pritzker on July 31, 2026, amends the Illinois Jury Act and Illinois Jury Commission Act. Crucially, there are no caps or limitations on the new paid leave.

While Illinois employers have long been required to provide employees with protected time away…
Continue Reading Illinois Employers Must Provide Paid Jury Duty Leave Beginning January 1,2027

Why Protected Concerted Activity Catches So Many Nonunion Employers by Surprise

Many nonunion employers do not expect that they may be one ordinary employee group chat away from a potential National Labor Relations Act (NLRA) issue. The common misconception is that labor law only matters when a union is involved. It doesn’t. As a result, disciplinary decisions that seem routine can quickly become unfair labor practice charges if managers fail to recognize when employees are engaging in protected concerted

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Continue Reading Inside the NLRB: That Employee Group Text Could Create NLRA Liability for Nonunion Employers

A recent decision made by the U.S. Court of Appeals in the Fifth Circuit found that OSHA lacked congressional authorization to regulate mental health in the workplace. While the decision does not change workers’ compensation laws or standards for mental injury claims, it raises important questions for employers about how workplace mental health conditions may be evaluated under existing legal frameworks.

Understanding the Different Types of Workers’ Compensation Mental Health Claims
Mental health has a broad definition, but in

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Continue Reading What Employers Should Know About Workers’ Compensation Mental Health Claims After the Fifth Circuit’s Exxon Decision

The Fifth Circuit recently issued a decision that could affect how courts evaluate Occupational Safety and Health Administration (OSHA) regulations and enforcement actions moving forward.

On July 21, 2026, in Exxon Mobil Corp. v. Occupational Safety and Health Review Commission, the court addressed OSHA’s rule requiring employers to record certain work-related mental illnesses.

It concluded that OSHA exceeded its Congress authority under the Occupational Safety and Health Act and vacated the rule, Exxon’s citation, and the accompanying penalty.

Although

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Continue Reading Fifth Circuit Vacates OSHA Mental Health Recordkeeping Rule and Signals Closer Scrutiny of OSHA Authority

Compliance with pay transparency laws is no longer as simple as adding a salary range to a job posting and moving on. As state pay transparency requirements and compliance obligations continue to expand nationwide, regulators are increasingly focused on whether employers’ disclosures are meaningful, accurate, and supported by actual compensation practices.

The shift from disclosure to accountability was a central theme in our recent webcast, Pay Transparency 2.0: Navigating Pay Equity, AI Disclosure, & the Next Wave of Compliance

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Continue Reading Pay Transparency 2.0: Key Employer Takeaways on the Shift in Pay Transparency Compliance

The U.S. Department of Labor (DOL) recently issued much-needed guidance on compensable travel time, one of the more complex areas of the Fair Labor Standards Act (FLSA).

Laid out in two opinion letters, the guidance is particularly relevant for employers with hybrid workforces and field-based employees.

Employers should review their pay practices to ensure they are properly distinguishing between ordinary commuting and compensable work activities.
Is Commute Time Compensable Under the FLSA for Hybrid Employees? (WHD Opinion Letter

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Continue Reading DOL Clarifies When Travel Time Is Compensable Under the FLSA for Hybrid and Field-Based Employees

House Bill 26-1283 (“Protections Regarding Seizures of Identification Documents”), signed by Governor Jared Polis on June 3, 2026, sharply limits when a Colorado employer may demand, keep, or control an employee’s or applicant’s government-issued ID. The new law carries both criminal and civil exposure.

Colorado HB 26-1283 Restricts Employers From Retaining Employee Identification Documents
The new statute (C.R.S. § 8-2-124.5) bars employers and their agents from requiring any employee, applicant, or worker to surrender a government-issued identification document.

There

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Continue Reading New Colorado Law Restricts Employers From Retaining Employee ID DocumentsUnder HB 26-1283