Although employers cannot routinely rely on “special circumstances” to restrict employee expression in the workplace, a recent federal court decision confirmed that employees’ rights in this area are not unlimited. Specifically, the U.S. Court of Appeals for the Eighth Circuit
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.
Latest from HR Defense - Page 4
Who Turned Out the Lights? The Impact of a Prolonged Government Shutdown on Private Employers
We are several weeks into a federal government shutdown, which might be on pace to be the longest in U.S. history. Time will tell whether this shutdown is record-breaking. In the meantime, the impact on federal employees is plain; some…
Blanket Non-Competes Under Fire: What the FTC’s Gateway Action Means for Employers
Recent years have seen dramatic federal regulatory and enforcement activity regarding employee non-compete agreements. Under the Biden administration, the Federal Trade Commission (FTC) adopted a sweeping rule to ban nearly all non-compete clauses nationwide, but that rule was struck down…
Zooming In On Return-to-Office Compliance: Key Legal Issues and Best Practices
As the effects of the pandemic continue to feel more and more like a distant memory, a sweeping “return-to-office” (RTO) trend is underway. Often motivated by collaboration goals and productivity gains for bringing staff back on-site, RTO mandates may cause…
New $100,000 H-1B Fee Update: What U.S. Employers Need to Know Now
On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) released further guidance clarifying the implementation of the new $100,000 H-1B fee established under the recent Presidential Proclamation. Below is a summary of the key provisions and practical implications based…
What Non-Union Employers Need to Understand About Labor Law
Non-union private sector employers cannot ignore labor law just because their employees are not represented by a union. Non-union private sector employers must fully comply with labor law developments because all of their employees are protected by the National Labor…
Presidential Proclamation on H-1B Nonimmigrant Visas – Applicability, Exemptions & Next Steps for U.S. Employers
This past Friday, President Donald J. Trump signed a sweeping Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” This latest executive action introduces major restrictions on the H-1B visa program, specifically targeting employers filing petitions for workers who…
The Summer the DOL Turned Deregulatory: Hot Workplace Changes Employers Should Know About
This summer, the U.S. Department of Labor (DOL) came in hot, making — and proposing to make — changes to workplace rules that could affect employers of all industries. The DOL of the new administration is certainly diving right in,…
The “Right to Disconnect” in the U.S.? What Employers Need to Know About Emerging Proposals
Workplace laws are beginning to reflect a new reality: employees are connected to work around the clock through smartphones, messaging apps, and remote-work platforms. While many companies treat after-hours communication as part of their culture, some lawmakers have been busy…
The FLSA Companionship Services and Live-In Exemptions May Be Revived for Home Care Agencies
Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due to a recent proposal by the…