Government agency materials, standing alone, can no longer carry a False Claims Act (FCA) case brought by the Department of Justice (DOJ). That is the practical upshot of one of two significant revisions to the Justice Manual announced on September
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Avoiding the Rubber Stamp Trap in AI-Assisted Employee Separations
When employers use AI tools to help decide who is selected for termination, the risk is not always an obviously flawed tool. The more practical risk is that the tool may appear objective while missing important context HR and leadership
Keeping Pace with Pay Transparency: Recent Updates and What’s Ahead for Employers
Pay transparency laws continue to expand across the United States, creating new compliance obligations for employers that post jobs, recruit candidates, set compensation ranges, or maintain pay records across multiple jurisdictions. As we have previously covered, jurisdictions across the
Is EEO-1 Done? What the EEOC’s Proposed Rule Means for Employers
For decades, EEOC regulations have required covered private employers and certain federal contractors to file annual EEO-1 workforce reports identifying employees by job category, race/ethnicity, and sex, and to maintain related records. In July, the EEOC proposed rescinding those reporting
When “No” Costs Millions: Mishandling Pregnancy Accommodation Requests
Earlier this year, a Hamilton County, Ohio, jury delivered a verdict that should command employers’ attention. The case began with what should have been a straightforward pregnancy accommodation request: an employee in a high-risk pregnancy asked to work from home
Control Was the Question, Continuity Was the Answer: The Eleventh Circuit’s Zafirov Decision Upholds the FCA’s Qui Tam Provisions
AI-Assisted Data Mining and the False Claims Act: Is a Data Anomaly Really a False Claim?
Data miner whistleblowers, increasingly armed with artificial intelligence (AI) tools, are already reshaping how False Claims Act (FCA) theories are built, generated, and litigated. The Department of Justice’s (DOJ) April 2026 announcement of the Fraud Oversight through Careful Use of
The Bigger Picture: Biden-Era Precedents on the Chopping Block
The National Labor Relations Board’s recent decision in Inland Waters Pollution Control, Inc., covered here in our latest blog on protections for aggressive bargaining proposals, was notable in its own right; however, it also marks the beginning of something larger
The Table Is Yours: NLRB Protects Bold Bargaining as New Majority Ramps Up
The National Labor Relations Board’s recent decision in Inland Waters is significant for employers not only for what it says about bargaining proposals, but also for what it signals about the direction of federal labor law under the Board’s emerging
Lessons from the Maryland Tax Court: Is the Fair Relation Test Having Its Moment?
The U.S. Supreme Court’s seminal decision in Complete Auto Transit provides that a state tax satisfies the requirements of the Dormant Commerce Clause if the tax: