On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its Enforcement Guidance on Harassment in the Workplace — a comprehensive document finalized in 2024 that had served as the agency’s principal roadmap for identifying,
McLane Middleton
McLane Middleton is a law firm with over 115 attorneys and 25 paralegals, offering legal services across a broad range of practice areas. The firm publishes blogs and client alerts that provide updates on regulatory changes, legal trends, and practical guidance in areas such as corporate law, trusts and estates, trial practice and litigation, tax, employment and labor, intellectual property, cybersecurity and privacy, energy and environment, real estate and land use, and government affairs and regulation. Their publications often address recent legal developments, compliance issues, and strategic considerations for businesses and individuals, reflecting the firm's comprehensive legal expertise and commitment to keeping clients informed.
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New Department of Labor Opinion Letter Offers Helpful Reminder About Exempt Classification
Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new round of FLSA opinion letters, including Opinion Letter FLSA2026‑1, which addresses the application of the “learned professional” exemption to a licensed clinical social worker.…
New Hampshire Enacts Military Spouse Job-Protection Law
Effective January 1, 2026, New Hampshire will add new employment protections for certain employees whose spouses are involuntarily mobilized for military service. House Bill 225, signed into law in July 2025, provides job security and reinstatement protections during a…
Alert: New Consular Vetting Practices for H-1B and H-4 Visa Processing
The U.S. Department of State has broadened how it screens applicants for H-1B specialty occupation visas and their H-4 dependents at U.S. embassies and consulates abroad. Beginning December 15, 2025, consular officers started conducting a mandatory review of each H-1B and…
EEOC Update on National Origin Discrimination
Last week, the Equal Employment Opportunity Commission (“EEOC”) released new and updated educational materials on national origin discrimination, including a one-page technical assistance document titled “Discrimination Against American Workers Is Against the Law” and an updated national origin webpage. These…
Client Alert: PERM Denials on the Rise – Travel and Worksite Issues Under Scrutiny
U.S. employers filing PERM (Program Electronic Review Management) Labor Certification Applications are now facing increased scrutiny regarding how they disclose travel-related job requirements on Form ETA 9089. Recently, the Department of Labor (DOL) has begun denying PERM applications—without audit—for allegedly…
Client Alert: New $100,000 Fee for H-1B workers
On September 19, 2025, President Donald Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications, effective from 12:01 a.m. EDT on September 21, 2025. This fee applies only to new petitions submitted after that date and…
U.S. Supreme Court Rejects Heightened Evidentiary Requirement for “Reverse Discrimination” Cases
On June 5, 2025, the United States Supreme Court issued a unanimous decision in the matter of Ames v. Ohio Department of Youth and Services, 145 S.Ct. 1540 (2025), rejecting a heightened evidentiary requirement for plaintiffs in employment claims under…
USCIS Announced FY 2026 H-1B Cap Registration Period
The U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2026 H-1B cap will be open from 12pm EST on March 7, 2025, through 12pm EST on March 24, 2025.
H-1B status…
Best Practices for Employers Navigating ICE Visits
Immigration has been a central focus of the new presidential administration since taking office and is expected to remain a top priority. Workplace raids soared during the early years of the Trump administration’s first term, they have signaled that aggressive…