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,
Employment Law Business Guide
Practical Insights for Human Resources, Managers & Business Owners
The Employment Law Business Guide, published by McLane Middleton, focuses on legal issues related to employment and labor law. It covers topics such as immigration and visa regulations affecting employment, wage and hour claims, discrimination and harassment in the workplace, wrongful termination, employee benefits, and employment litigation. The guide also addresses regulatory updates, compliance strategies, and risk management for employers. It provides insights into recent legal developments impacting employer obligations and employee rights, including government enforcement actions and court decisions relevant to workplace law.
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Latest from Employment Law Business Guide
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
By Shiva Karimi
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…