The U.S. Department of Justice's Office of Legal Counsel (OLC) recently issued an opinion that could have significant implications for employment discrimination enforcement under Title VII of the Civil Rights Act of 1964. The June 9, 2026 opinion concludes that certain applications of disparate impact liability may be unconstitutional because they effectively pressure employers to make race-conscious employment decisions in order to avoid liability. While the opinion does not

Artificial intelligence is rapidly transforming the workplace. Employers increasingly rely on AI-powered tools to screen applicants, evaluate employee performance, forecast staffing needs, and assist with workforce planning decisions. A newly released congressional proposal suggests that federal lawmakers are closely monitoring how these technologies affect employees and employment decisions. On June 4, 2026, Representatives Jay Obernolte (R-CA) and Lori Trahan (D-MA) release

On June 4, 2026, the Equal Employment Opportunity Commission (EEOC) announced a new National Enforcement Plan (NEP), providing employers with additional insight into how the agency intends to pursue workplace discrimination claims in the coming years. At first glance, the announcement may appear to be another routine update from a federal agency. However, the relationship between the EEOC's current Strategic Enforcement Plan (SEP) and the newly announced NEP tells a much larg

Employers often face difficult decisions when employee conduct creates reputational concerns, particularly when the conduct involves comments that may be perceived as racially insensitive. A recent decision from the U.S. Court of Appeals for the Fifth Circuit provides guidance on how courts evaluate these situations under federal employment discrimination laws. On May 22, 2026, in Bassett v. Gray Media Group, Inc., the Fifth Circuit affirmed summary judgment in favor of a tel

On May 28, 2026, the Florida Supreme Court issued a significant decision in Gessner v. Southern Company, No. SC2024-1835 (Fla. May 28, 2026), resolving a conflict among Florida's appellate courts regarding the scope of protection available under Florida's Private Whistleblower Act. The decision provides important guidance for employers defending retaliation claims brought under section 448.102(3), Florida Statutes. The Dispute The employee alleged that he was terminated after

When employers think about sexual harassment litigation, most attention is understandably focused on workplace conduct, training, investigations, and prevention. A recent Eleventh Circuit decision serves as a reminder that litigation strategy can be just as important. In Khatabi v. Car Auto Holdings, LLC, the court held that an employer lost the benefit of a significant limitation on damages because it failed to properly raise and preserve the issue during the litigation. The

The Department of Labor's latest guidance addresses exempt-employee classifications, bonus-related overtime calculations, meal periods, and pre-shift work activities that frequently lead to wage-and-hour claims. Wage and hour litigation remains one of the most costly and disruptive forms of employment disputes. Even relatively small compliance errors, such as misclassifying an employee, miscalculating overtime pay, or overlooking compensable pre-shift work, can result in sign

It started with what likely seemed like a harmless business decision. At a restaurant operating under the federal tipped-wage system, servers were charged $1 per shift for workplace items such as pens and silverware. Management also required servers to contribute a portion of their tips into a tip pool shared with other workers. From the employer’s perspective, the decisions probably appeared minor and practical. Restaurants operate on thin margins. Requiring employees to hel

Proposed federal rule could reshape liability for staffing, subcontractor, and franchise relationships The United States Department of Labor (DOL) has proposed a new rule that would clarify when multiple businesses may be considered “joint employers” under federal wage and hour laws. The proposal, announced by the Wage and Hour Division on April 22, 2026, could significantly affect businesses that rely on staffing agencies, subcontractors, franchise structures, and other thi

Artificial intelligence is already affecting employment litigation. It is affecting how employers make decisions, how some claims are prepared and filed, and how courts are responding to machine-assisted errors and evidence. The current data does not yet establish that generative AI, by itself, caused a nationwide increase in employment lawsuits. But the legal impact of AI is no longer theoretical. It is already showing up in agency enforcement, court rulings, and litigation

On February 26, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced a proposed rule (NPRM) that would rescind the 2024 federal independent contractor rule and replace it with a revised framework modeled on the Department’s 2021 approach. The proposal is not final yet, but it matters now because it signals where federal enforcement and litigation arguments may head next. The headline change The proposal would emphasize two “core factors” as typically

A new putative class action filed in Contra Costa County, California argues that AI-generated hiring scores and rankings can be treated like “consumer reports,” triggering the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The defendant is Eightfold AI Inc., a recruiting platform that, according to the complaint, evaluates and ranks job applicants for employer customers. This is a complaint, so remember these are alle