DOL Proposes New FLSA Independent Contractor Analysis
On February 26, 2026, the U.S. Department of Labor (DOL) issued a proposed rule that would make it easier for employers to classify certain workers as independent contractors rather than employees for purposes of federal wage and hour laws (FLSA) and the Family and Medical Leave Act (FMLA). In a change from the current approach, […]
EEOC Rescinds Harassment Guidance
On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace” (Harassment Guidance), a 190-page document which had been approved in 2024. Although the Harassment Guidance did not have the force of law, it aimed to help employers identify and prevent activities that could […]
Benefits Limits for 2026
Each year, the IRS sets new limits for ACA high deductible plans, employee benefits plans, flex plans, QSEHRAs, and retirement plans. Below is Lake Effect’s ready reference chart showing the Benefits Limits for the 2026 tax year. Download Benefits Table 2025 2026 Flexible Spending Accounts (FSAs) Healthcare FSA max election (per year) […]
SCOTUS Clarifies Standard in “Reverse Discrimination” Lawsuits
On June 5, 2025, the U.S. Supreme Court unanimously affirmed the legal burden of proof required to establish a “reverse discrimination” claim. In “reverse discrimination” cases, a member of a majority group alleges they were discriminated against based on their membership in that majority group. The question before the Court was whether majority-group plaintiffs claiming […]
Trump Executive Order Vows to Eliminate Disparate Impact Liability
The Trump Administration has directed a sweeping change to employment discrimination liability under Title VII in its recent executive order titled, “Restoring Equality of Opportunity and Meritocracy.”
USCIS Releases Revised Form I-9
USCIS issued a revised Form I-9 on April 2, 2025 with an edition date of 01/20/25 and an expiration date of 05/31/2027. Although revisions are minor, it is important to use the approved and unexpired versions of the Form I-9.
EEOC and DOJ Warn Against Unlawful DEI-Related Discrimination
On March 16, the EEOC and the Department of Justice (DOJ) warned against DEI-related discrimination in the workplace in a technical assistance document.
Presidential Executive Orders Reject Gender Ideology and Illegal DEI Programs
Employer responses to Executive Orders should be tailored based on corporate and regulatory status, funding sources, and industry. Lake Effect is here to answer your questions and discuss potential implications of these recent Orders.
DOL Final Rule Blocked: No Salary Level Increase for January 1, 2025
With this decision, the federal court rendered all elements of the Final Rule null and void: the July 1, 2024 salary level increase, the January 1, 2025 salary level increase, and planned future increases for both.
NLRB Targets Non-Compete and “Stay-or-Pay” Provisions
Although the FTC’s attempted nationwide ban on noncompetes was blocked by a Texas federal judge in August 2024, that decision has no impact on the NLRB enforcement of employee rights under the NLRA.
