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
HR Defense
Akerman Insights on the Latest Developments in Labor and Employment Law
The HR Defense blog, published by Akerman LLP, focuses on legal developments and compliance issues related to human resources and employment law. It covers topics such as visa policies affecting workforce management, enforcement priorities of the Equal Employment Opportunity Commission (EEOC), employee leave laws including safe and sick time requirements, and the legal implications of using artificial intelligence in hiring practices. The blog addresses regulatory changes, litigation risks, and practical guidance for employers to navigate complex HR legal landscapes, including immigration, discrimination, workplace accommodations, and emerging technology compliance.
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DHS Final Rule Ending Duration of Status for F, J, and I Nonimmigrants May Complicate Workforce Planning
Employers that rely on international F-1 students working under OPT or STEM OPT, J-1 exchange visitors, or foreign media personnel should take note of a significant U.S. Department of Homeland Security (DHS) final rule published on July 17, 2026, which…
Protected Concerted Activity and the NLRA: When Employees Speak Up, Employers Should Slow Down
Many employers believe that federal labor law, such as the National Labor Relations Act, only applies to unionized workforces. In reality, most private-sector non-unionized employees are protected by the NLRA too, which means employee conversations, complaints, petitions, or other shared…
Employer-Sponsored Immigration Programs Amid Litigation: Key Developments and Planning Considerations
In June 2026, two federal court decisions created potential implications for employers sponsoring foreign national employees and individuals with pending immigration benefit applications. Although the cases involve different USCIS policies and arise from separate legal challenges, both have immediate operational…
DOL Proposes Joint Employer Rule: Key Implications for Employers
The U.S. Department of Labor (DOL) has proposed a new joint employer rule that could significantly expand employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker…
AI-Enhanced Misappropriation: When Departing Employees Leave with More Than Just Client Lists
Consider the scenario: a higher-up employee uploads six months of internal strategy documents into a generative AI tool, generates a ten-page competitive playbook synthesizing the company’s pricing models, customer relationships, and go-to-market plans, and resigns the next morning. Nothing was…
When a Third‑Party Investigator Is the Smart Move
Choosing the right investigator for a workplace complaint is one of the most consequential decisions an employer will make once concerns are raised. Whether the investigation is conducted internally by an HR team member or by a neutral third‑party investigator…
New York Joins the Growing Wave of States Restricting Credit Checks in Employment
A new amendment to New York’s Fair Credit Reporting Act has significantly restricted employers’ use of consumer credit history in employment decisions. The amendment follows the lead of New York City’s existing Stop Credit Discrimination in Employment Act, which already…
Religious Accommodations in the Post-Groff Era: Navigating the Supreme Court’s “Substantial Increased Cost” Standard
According to the EEOC, religious discrimination charges have increased steadily over the past decade. Post-Groff, the stakes for getting accommodation decisions wrong have never been higher. Whether you’re fielding a request for schedule flexibility, dress code exceptions, or vaccination exemptions,…
New Jersey’s Proposed Ban on Height and Weight Discrimination: What Employers Should Know
State and local employment laws continue to evolve in ways that can catch even well‑prepared employers off guard. New Jersey’s latest legislative effort is a good example. A bill pending in the New Jersey Legislature would add height and weight…