In 2023, the Federal Trade Commission (FTC) proposed a sweeping rule under Section 5 of the FTC Act that would have largely prohibited employer noncompete agreements nationwide. After significant legal challenges, the FTC abandoned its effort to implement a nationwide...
The U.S. Equal Employment Opportunity Commission (EEOC) has taken a significant step toward rescinding its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. On Oct. 6, 2026, the White House Office...
NLRB Restores General Motors Standard for Employee Misconduct During Protected Activity Employers have greater clarity on when they may discipline employees for abusive misconduct that occurs during otherwise protected workplace activity. In a September 23, 2026...
The U.S. Department of Labor’s ongoing efforts to adjust the salary thresholds for the “white collar exemptions” under the Fair Labor Standards Act have created significant uncertainty for employers. Following the now-vacated 2024 Final Rule and subsequent legal...
The U.S. Department of Labor (DOL) Wage and Hour Division recently issued Opinion Letter FLSA2026-5 (May 28, 2026), offering important clarity on a common workforce practice: allowing exempt employees to perform additional, non-exempt work on an hourly basis. For HR...
The U.S. Court of Appeals for the Sixth Circuit recently reaffirmed the standards governing when an employee’s release of claims is considered “knowing and voluntary.” The decision, Nakisha West v. Dow Chemical Company, provides useful guidance for employers relying...
A recent decision from the U.S. Court of Appeals for the Sixth Circuit may cut short the National Labor Relations Board’s (NLRB) recent approach to union recognition and bargaining orders following representation elections. In Brown-Forman Corp. v. NLRB, decided March...
The debate over the scope of the National Labor Relations Board’s (the “Board”) remedial authority under the National Labor Relations Act (“NLRA”) continues to intensify, and the Sixth Circuit has now added its voice to the growing chorus of courts rejecting the...
On October 14, 2025, Cuyahoga County became the first county in Ohio to pass its own version of the CROWN Act, expanding local anti-discrimination protections to include natural hairstyles. The ordinance prohibits discrimination based on hair texture and protective...
The U.S. Court of Appeals for the Sixth Circuit recently reaffirmed that temporal proximity, the closeness in time between an employee’s protected activity and an adverse employment action, is not, by itself, enough to prove unlawful discrimination or retaliation. Two...