The U.S. Department of Labor (DOL) has once again proposed a significant change to the federal standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), as well as the
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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Workforce Cost-Cutting: Key Legal Considerations for Employers
In response to economic pressures, many private employers are exploring ways to reduce labor costs. Whether the approach involves reducing hours, implementing furloughs, or conducting layoffs, it is essential for companies, especially those operating in multiple states, to understand the…
GLP-1 Medications: What Employers Need to Know About Rising Costs, Coverage Choices, and Managing Legal Risks
GLP-1 medications, originally developed for diabetes and now widely used for weight management, are rapidly becoming a major cost concern for employer health plans. Annual costs per user often exceed $10,000, and demand is rising, especially with new forms like…
EEOC Rescinds Harassment Guidance on Gender Identity: What Employers Need to Know
Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the…
The American Franchise Act: Re-Defining Joint Employer Liability
Understanding joint employer liability is critical for companies in the franchise sector, as it directly impacts risk management and compliance. If the American Franchise Act (AFA) were enacted, it would provide significant guidance to franchisors and franchisees regarding the circumstances…
California’s Ban on “Stay-or-Pay” Provisions: What Employers Should Know Now That AB 692 Is in Effect
With the start of the new year, California Assembly Bill 692 (AB 692) is now in effect, introducing sweeping new restrictions on employment agreements that include so-called “stay-or-pay” provisions — terms requiring employees to repay money or incur financial consequences…
New Mechanisms for Employers to Expand Employee Access to Fertility Benefits
Late last year, the Departments of Labor, Health and Human Services, and Treasury (collectively, the Departments) provided long-awaited guidance clarifying two new ways — in addition to the already-existing mechanisms — for employers to expand fertility benefit offerings. The Departments…
New U.S. DOL Opinion Letters Poised to Reshape Employers’ FLSA and FMLA Practices
The United States Department of Labor (DOL) just rang in 2026 with six new opinion letters addressing various employer practices under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The letters cover a broad…
Brewed for Trouble: Starbucks’ $39M NYC Settlement Puts Predictive Scheduling Laws in the Spotlight
In a landmark agreement, Starbucks Corporation has agreed to pay nearly $39 million to resolve allegations that it violated New York City’s Fair Workweek Law, sending a powerful message to employers nationwide about the risks of ignoring local predictive scheduling…
How California Employers Can Prepare for New Employment Laws Taking Effect in 2026
The 2025 legislative cycle in California once again produced several bills that substantially expand and reform employer obligations in the Golden State. These laws add new workplace notice requirements, broaden leave and rehiring protections, expand personnel file and recordkeeping obligations,…