Return To Work: Challenges And Practical Recommendations (Podcast)

The Iowa Supreme Court recently addressed whether a workers' compensation claimant who settles with their employer through a compromise agreement can pursue subsequent claims against the Second Injury Fund. The decision clarifies critical distinctions between settlement types and their impact on establishing employer liability for permanent disability. Understanding how settlement language affects future claims is essential for both claimants and defendants navigating Iowa's workers' compensation system.

The Massachusetts Supreme Judicial Court (SJC) recently heard oral arguments in a case that could provide important guidance on the enforceability of noncompetition covenants embedded in executive equity agreements and the proper signatory to such covenants.

While it’s difficult to think about winter and the new year as we swelter through our hottest weeks of the year, the approach of Q4 means that California employers are budgeting for 2027.

On Sept. 9, 2026, Gov. Kathy Hochul signed into law S3460, which grants employees the right to access their personnel records and requires employers to notify employees when negative information...

New York employers face significant new compliance obligations as two recently signed bills create expansive personnel record access rights and construction industry pay requirements. With several additional employment law bills awaiting the governor's signature—many taking effect immediately upon enactment—organizations must prepare for sweeping changes to workplace documentation, severance practices, and AI impact reporting.

Pennsylvania's Department of Labor & Industry has launched a proactive enforcement initiative targeting home care agencies for wage and hour violations. With approximately 40% of state wage complaints coming from home care workers, agencies face increased scrutiny over unpaid overtime, travel time compensation, and recordkeeping practices that may not capture all compensable work activities.

Last week, the Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-11, addressing a question many employers with large or sprawling worksites have faced: does mandatory walk time to a designated break area turn an unpaid meal period into compensable work time? The short answer is no — so long as the remaining break time is still long enough for employees to eat a regular meal.

New Jersey Department of Labor regulations clarifying the ABC test for independent contractor classification take effect October 1, fundamentally shifting the burden of proof to employers. With the NJDOL expected to aggressively audit compliance and impose substantial penalties for misclassification, employers have just two weeks to assess their workforce relationships and develop strategies to meet the stricter standards.

The parties had spent plenty of time talking about the law, the facts, and the value of the claims. In the end, what mattered most to the employee was hearing someone acknowledge that the situation had been handled poorly.

New York State has enacted sweeping changes to employee personnel record requirements, mandating that employers provide free access to personnel files, notify employees of negative information within 10 days, and retain records for three years post-employment. These new obligations fundamentally reshape how New York employers must manage and maintain employee documentation.