Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if not exclusively—on the argument that any adverse employment actions taken were based on legitimate and non-discriminatory business reasons that the employee will not be able
USCIS Ends Automatic Extension of Employment Authorization Documents of Certain Applicants in Interim Final Rule
USCIS announced in an interim final rule on October 29, 2025, that it will end the automatic extension of Employment Authorization Documents (EADs) for most EAD card holders effective October 30, 2025. Previously, certain applicants who filed a timely Form I-765 renewal could continue working for up to 540 days after their EAD expired while
USCIS Offers Clarification on H-1B Presidential Proclamation
As detailed in our September 25th Blog Post, President Trump issued the Restriction on Entry of Certain Nonimmigrant Workers proclamation (the “proclamation”) on September 19, 2025, which created more questions than answers. On October 20, 2025, U.S. Citizenship and Immigration Services (“USCIS”) issued new guidance answering many of the questions that remained following President
California Expands Leave Laws Once Again
- Effective October 1, 2025, employees may take paid leave to serve on a jury or to appear as a witness in court in compliance with a subpoena or court order where the employee is a victim of any crime.
- Effective January 1, 2026, employees may take either paid or unpaid leave if they
New Executive Order Seeks to Trump Disparate Impact Theory of Liability
On April 23, 2025, Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy,” (“EO”) which will likely significantly impact the Equal Employment Opportunity Commission’s (“EEOC’s”) enforcement of disparate impact discrimination. Disparate impact discrimination occurs when a workplace policy or practice is neutral on its face but has a disproportionate impact
Michigan Earned Sick Time Act Takes Effect with Significant Last-Minute Amendments
On February 21, 2025, the Michigan Earned Sick Time Act (ESTA) officially took effect, replacing the Paid Medical Leave Act (PMLA) and expanding sick time benefits for employees across the state. ESTA imposes new compliance requirements on Michigan employers and significantly broadens employee eligibility for paid sick leave. However, just before the law went into
Michigan’s Earned Sick Time Act (ESTA) Takes Effect February 21, 2025
Starting February 21, 2025, the Michigan Earned Sick Time Act (ESTA) will replace the current Paid Medical Leave Act (PMLA), expanding sick time benefits for employees and imposing new compliance requirements for employers across the state.
Key Changes Under ESTA
Universal Application. ESTA applies to all Michigan employers that have one or more employee(s)
Non-Employee Spouse’s Claim Against Starbucks Not Governed By Employee Spouse’s Arbitration Agreement
On Monday, December 16, 2024, the Eleventh Circuit Court of Appeals (covering Georgia, Florida and Alabama) issued a significant decision addressing whether a non-employee spouse is required to arbitrate a claim regarding statutory benefits provided by the employer, even when the employee is required to arbitrate. Lubin v Starbucks Corporation, 2024 WL 5113125 (11th
Texas District Court Strikes Down DOL’s Increased Salary Threshold for EAP Overtime Exemptions
On April 23, 2024, the U.S. DOL announced a final rule in which the salary threshold for the executive, administrative, and professional (EAP) overtime exemptions increased on July 1, 2024, to $844 per week ($43,888 annually). The salary threshold was set to increase again on January 1, 2025 to $1,128 per week ($58,656 annually).
Today
The FTC Ban on Non-Compete Agreements Is Still Taking Effect in September for Most Employers
As we previously reported, in April of this year, the Federal Trade Commission (“FTC”) issued a final rule regarding non-compete agreements. The FTC’s rule operates as an almost complete ban on such agreements. Unless enjoined by a court, the rule is scheduled to take effect on September 4, 2024. Since April, several lawsuits have been