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Showing posts with the label 2026-05-08 Digest

Caught in the Middle: 3 Places Where EEOC Rollbacks Collide With California Law

California employers are caught between two legal systems that are moving in opposite directions.   The Trump administration has reshaped U.S. Equal Employment Opportunity Commission enforcement priorities, dialing back protections for transgender employees; revoking guidance on harassment; and asserting that diversity, equity, and inclusion initiatives may violate Title VII of the 1964 Civil Rights Act . California has moved in the opposite direction over the past several years, codifying and actively enforcing protections under the Fair Employment and Housing Act and related regulations that expressly guarantee transgender employees the right to access restrooms and other facilities consistent with their gender identity and the right to be addressed by names and pronouns corresponding to their gender identity or expression.  Title VII sets a floor, not a ceiling. So, California employers should remain diligent to meet the requirements of state and federal law, even...

Missouri Supreme Court Reinforces a Key Defense Strategy for Employers: What You Need to Know

Employers just received clarity from the Missouri Supreme Court that’s helpful for your litigation strategy. The court made clear in an April 21 ruling that summary judgment is not an “extreme and drastic remedy,” and court opinions that say so should no longer be followed. This opinion can be used as a legitimate procedural tool to help employers defend against costly workplace claims. Here’s what you need to know about the ruling and what it means for your business. Breakdown of the Facts and Relevant Law Missouri’s  Service Letter Law  establishes a specific process for how and when a terminated employee can request a service letter from a former employer: ✅The service letter must be requested in writing within a year of the employee’s discharge and sent by certified mail to the superintendent, manager, or registered agent of the corporation that employed them. ✅The former employer has 45 days to issue a compliant service letter describing the “nature and character” of the ...

Employer Checklist for May 2026

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Here are the top 10 workplace compliance items you should tackle in May 2026, based on the latest labor and employment law updates:   _____ Equip yourself to respond to employee crises.  Since May is Mental Health Awareness Month, it’s a good time to train your managers and HR department on how to respond to serious and sensitive situations in the workplace.  These eight practical steps  can help your business support your employees and meet legal obligations. _____ Catch up on the DOL’s new joint employer proposal.  The DOL just proposed a new rule to give businesses greater clarity and reduced liability around joint employer status under federal wage and hour law. Here’s a  comprehensive look at the proposal , plus industry-specific snapshots for  staffing firms  and t ech employers . _____ Shore up your workplace policies for summertime.  Whether the sunny season is a slower period or your busiest time of year, it can expose your business ...

The ChatGPT Plaintiff Is Becoming a PEO Problem

You may have heard about the rise of the “ChatGPT plaintiff,” the pro se litigant who decides to sue their employer without an attorney to assist them, believing that generative AI tools like ChatGPT, Claude, Perplexity, Gemini, or CoPilot are enough to get them where they want to go. They are filing more employment lawsuits, drafting motions and discovery requests faster, and doing so with a level of sophistication that would have been unimaginable five years ago. What do PEOs need to know about this latest litigation trend, and what can you do to protect your organization and your clients? The Numbers Are Hard to Ignore Pro se employment lawsuit filings increased 49% last year  (from roughly 4,100 to 6,400 cases nationally), whereas attorney-led workplace law filings only grew by 15%. Fisher Phillips attorneys handling these cases say AI is a primary driver of the pro se explosion. Tools like ChatGPT allow unrepresented plaintiffs to generate professional-looking pleadings in mi...

EEOC Sues The New York Times for DEI-Related Race and Sex Discrimination

  Federal lawsuit alleges news publisher failed to promote a white male employee because of his race and sex WASHINGTON — The New York Times Company, a global news publisher based in New York, N.Y., violated federal law when it passed over a white male employee for a promotion because of his race and/or sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. According to the EEOC’s lawsuit, The New York Times chose not to promote a well-qualified white male employee because of his race and/or sex. The New York Times has a well-documented commitment to enacting race and sex conscious decision making in the workforce through its diversity, equity, and inclusion (DEI) policies. In The New York Times’s 2021 “Call to Action” and throughout numerous other publications, the company stated goals and action plans to increase non-white and female representation in its leadership positions. Acting in accordance with such goals, the company left a lo...

Supporting Small Businesses with Practical Compliance Tools

If you support small businesses as an advisor, accountant, HR professional, or community partner, you know how challenging compliance can be. Small businesses power the U.S. economy, making up 99% of all businesses and employing nearly half of the private sector workforce. Helping your clients navigate labor laws while managing day-to-day operations with limited time and resources can be difficult. That’s where the right tools make a difference. The Trump Administration is committed to supporting America’s small businesses with common-sense policies, clear guidance, and easy-to-apply resources. The U.S. Department of Labor ’s Wage and Hour Division (WHD) offers practical, easy-to-use resources to help you support employers in understanding and complying with key laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). 🔎 What’s New WHD has expanded its compliance assistance tools to better support employers: A centraliz...