DOL confirms the obvious — the FMLA covers time off spent in clinical trials

Can employees use FMLA leave to participate in clinical trials for their serious health conditions? Of course, they can—how is this even a question?

In a recent opinion letter, the Department of Labor confirmed what feels like common sense: treatment provided during a clinical trial counts as treatment for a "serious health condition" under the FMLA. If an employee is eligible for FMLA leave and the trial addresses their condition, the statute covers their absences—end of story. It doesn't matter if the treatment is experimental, uses a placebo, or hasn't yet proven effective.

"Biological Women Only" = "Whites Only" = Discrimination

Can someone please explain the difference between labeling a women's restroom for "biological" women and labeling one for "white" women? Because I fail to see any difference between these two blatantly discriminatory scenarios.

Rep. Nancy Mace recently affixed the former label to a restroom in the Capitol and introduced legislation requiring people to use Capitol bathrooms that correspond to their sex assigned at birth.

When asked about her actions, Mace openly admitted that her intent was to target Rep.-elect Sarah McBride, the first openly transgender person elected to Congress. This kind of targeting is bigoted, unacceptable, and unlawful.

New NLRB Ruling: Employer "captive-audience speeches" on unionization are now illegal

In a significant decision, the NLRB ruled that requiring employees to attend anti-union meetings under the threat of discipline or termination violates their Section 7 rights. This is a short-term victory for unions and employees—but the landscape may shift again soon.

In Amazon Services LLC, the NLRB held that these mandatory meetings unfairly pressure employees to participate, infringe on their right to choose freely, and create a chilling effect that deters workers from exercising their rights. The Board noted that such meetings amplify an employer's economic power over employees, adding coercion to the message.

Background checks aren’t just a box to tick—they’re critical to any hiring process

Picture this: a high-profile hire for one of the most important jobs in the world, and nobody bothered to run a background check. That’s reportedly what happened when Trump tapped Pete Hegseth, a Fox News personality and former army officer, as his Secretary of Defense. While the details of the story are unfolding, there are in his past allegations of sexual assault (that Hegseth denies), a settlement payment, and a nondisclosure agreement. 

It’s a striking reminder of something every employer should know: background checks aren’t just a box to tick—they’re critical.

WIRTW #738: the 'bluer skies' edition

Do you ever think to yourself, "Jon, I love your posts, but what I really want is more of this, but with fewer characters." Well do I have the thing for you. While I've been off Twitter for the past year, you can find me microblogging on both Threads (@thejonhyman) and Bluesky (@thejonhyman.bsky.social). Give me a follow and I'll be sure to follow back.

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Don't forget to pre-register for this coming Tuesday's webinar on how the election will shape employment law in 2025, with host Eric Meyer, Dan Schwartz, Amy Epstein Gluck, Dessi Day, and me. It's free, but you do need to pre-register here.

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Here's what I read this week that you should read, too.

Does civility still matter?

Some apparently don't think civility matters any more. 

"Your body, my choice" signs are popping up across the country, while elsewhere Black students are receiving anonymous texts about "picking cotton." The results of the 2024 Presidential election have emboldened some to express their most offensive thoughts.

I'm not ready, however, to give up on civility. But we have to take a stand. No matter who sits in the Oval Office, words still matter.

Do you know what to do if ICE raids your business?

With Donald Trump running on campaign promise of the mass roundup and deportation of millions of undocumented immigrants, many businesses in the new year may face unannounced visits from Immigration and Customs Enforcement. Donald Trump has said that he plans mass deportations on day one, meaning that "if ICE shows up" could become "when ICE shows up" for employers across the country. Are you ready?

Having a response plan in place is essential, and it's crucial that your staff, particularly those who may first encounter agents, like a receptionist, are trained on what to do. Here's how to get started: