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On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its Enforcement Guidance on Harassment in the Workplace — a comprehensive document finalized in 2024 that had served as the agency’s principal roadmap for identifying, preventing and responding to harassment under Title VII of the Civil Rights Act of 1964.

EEOC Chair Andrea Lucas (R) and Commissioner Brittany Panuccio (R) voted in favor of rescission, while Commissioner Kalpana Kotagal (D) dissented. The 2024 Guidance was removed from the EEOC’s website shortly after the vote became effective.Continue Reading EEOC Rescinds 2024 Enforcement Guidance on Workplace Harassment: What Employers Need to Know

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new round of FLSA opinion letters, including Opinion Letter FLSA2026‑1, which addresses the application of the “learned professional” exemption to a licensed clinical social worker. While much of the letter focuses on familiar exemption principles, one aspect of the DOL’s analysis serves as an important, and often overlooked, reminder for employers: even when an employee clearly qualifies for an exemption, the employer is not required to classify the employee as exempt.Continue Reading New Department of Labor Opinion Letter Offers Helpful Reminder About Exempt Classification

Effective January 1, 2026, New Hampshire will add new employment protections for certain employees whose spouses are involuntarily mobilized for military service.  House Bill 225, signed into law in July 2025, provides job security and reinstatement protections during a spouse’s mobilization, meaning these employees cannot be discharged, denied employment, or subjected to adverse action because of their spouse’s mobilization. The law applies to employers with fifty (50) or more employees at a single location in New Hampshire, creating a safeguard for military families during times of deployment.Continue Reading New Hampshire Enacts Military Spouse Job-Protection Law

The U.S. Department of State has broadened how it screens applicants for H-1B specialty occupation visas and their H-4 dependents at U.S. embassies and consulates abroad. Beginning December 15, 2025, consular officers started conducting a mandatory review of each H-1B and H-4 applicant’s publicly available online presence, including social media accounts, as part of visa adjudication. Applicants are instructed to set social media privacy settings to “public” so officers can access and review this content.Continue Reading Alert: New Consular Vetting Practices for H-1B and H-4 Visa Processing

Last week, the Equal Employment Opportunity Commission (“EEOC”) released new and updated educational materials on national origin discrimination, including a one-page technical assistance document titled “Discrimination Against American Workers Is Against the Law” and an updated national origin webpage.  These materials underscore that Title VII of the Civil Rights Act of 1964 protects…

U.S. employers filing PERM (Program Electronic Review Management) Labor Certification Applications are now facing increased scrutiny regarding how they disclose travel-related job requirements on Form ETA 9089. Recently, the Department of Labor (DOL) has begun denying PERM applications—without audit—for allegedly incomplete or inconsistent disclosure of travel requirements.Continue Reading Client Alert: PERM Denials on the Rise – Travel and Worksite Issues Under Scrutiny

On September 19, 2025, President Donald Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications, effective from 12:01 a.m. EDT on September 21, 2025. This fee applies only to new petitions submitted after that date and does not affect current visa holders or renewals. At this time, these are the current important facts that we know:

  • Individuals with a currently approved H-1B petition, or whose H-1B petitions were filed prior to 9/21/25 but are still pending may enter the U.S. without paying a $100,000 fee.
  • Individuals who already have an approved H-1B visa may enter the U.S. without paying a $100,000 fee.
  • The $100,000 fee is not required for H-1B extension petitions.

All H-1B individuals should exercise caution, and consider avoiding travel where possible considering the sudden shifts in policy.Continue Reading Client Alert: New $100,000 Fee for H-1B workers

The U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2026 H-1B cap will be open from 12pm EST on March 7, 2025, through 12pm EST on March 24, 2025.

H-1B status allows foreign nationals to temporarily work for U.S. employers in a position that requires a bachelor’s degree or above. Congress has set a mandated cap of 65,000 H-1B visas per year, with 20,000 additional H-1B visas for professionals who have obtained a master’s degree or higher from an accredited U.S. institution. Due to the limited number of visas, USCIS has implemented an annual H-1B registration process to randomly select beneficiaries who may then file a new H-1B cap-subject petition if selected. Employers must submit an H-1B registration for any foreign national workers they wish to sponsor for H-1B status. The registration process is simple and relatively inexpensive, requiring basic information from both the employer and the foreign national worker.Continue Reading USCIS Announced FY 2026 H-1B Cap Registration Period

On Friday, November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the federal Department of Labor’s (“DOL”) final rule (“Final Rule”) raising the minimum salary thresholds for the Fair Labor Standard Act’s (“FLSA”) white collar overtime exemptions.  Although it is a decision of a trial level court, and therefore subject to appeal, the decision presently applies nationwide.  This means that the pre-July 1, 2024 white-collar exempt salary thresholds have been reinstated and, unless the legal landscape changes, the January 1, 2025 salary increases to the salary exempt thresholds will not take effect. Continue Reading U.S. District Court Vacates DOL’s Rule Increasing Salary Levels for Exempt Employees