Compliance Stuff

As employers head off for the holiday season, Washington delivered a long-awaited gift: a newly reconstituted National Labor Relations Board. Late last night, the Senate confirmed  two new NLRB Board members  and Crystal Carey as NLRB General Counsel. Taken together, these confirmations signal a decisive pivot away from the most aggressive aspects of the Biden-era labor agenda and set the stage for a significantly different approach to handling cases and enforcement. What should employers expect from the Board in 2026? How’d We Get Here? It helps to rewind briefly. For most of 2025, the NLRB lacked a functioning quorum because it must have at least three members to issue decisions. The Board was left with just one member  due to the January firing of Gwynne Wilcox , along with expired terms, political gridlock, and delayed confirmations. Effectively sidelined, the Board was unable to address or revise unfavorable precedent even as cases continued to pile up. Instead, enf...

The Family and Medical Leave Act (FMLA) provides critical job-protected leave for employees facing serious health conditions or family needs. However, the protections of the FMLA are not absolute, and employees may find themselves without its shield when an employer honestly believes they have engaged in FMLA fraud. A recent case from the U.S. Court of Appeals for the Sixth Circuit offers a cautionary tale for both employers and employees about the consequences of FMLA fraud and the importance of maintaining integrity in the administration of leave. Quick Hits The U.S. Court of Appeals for the Sixth Circuit has ruled that an employee on FMLA leave may be discharged based on the employer’s honest belief that the employee has lied about the need for such leave. The FMLA protects eligible employees from retaliation or interference when taking qualified leave, but it does not insulate employees from discipline for fraudulent or dishonest conduct. Employers may investigate suspected FMLA ab...