Howell Law Group, PLLC

09/25/2026

The National Labor Relations Board (NLRB) issued a decision yesterday in the Lion Elastomers case, reversing the standard set by the NLRB during the Biden Administration. The Biden NLRB gave a pass to employees using profanity and committing other misconduct if the employee claimed after the fact that the behavior was connected with union activity. After the Fifth Circuit rejected the Biden NLRB's holding, the current NLRB corrected course and returned to the General Motors framework, making it clear that union activity does not give employees a free pass to engage in abusive or offensive conduct at work. Generally speaking, employees can no longer F*** bomb their managers and get away with it under the guise of union activity.

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09/25/2026

REMINDER: November 11, 2026 is the deadline for covered employers to take required steps to address chemical substances under OSHA’s 2024 revised Hazard Communication Standard, including updating chemical labels, written hazard communication programs and employee training. Employers should also be aware of the separate compliance timelines for chemical mixtures.

OSHA is amending the Hazard Communication Standard (HCS) to conform to the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily Revision 7 (Rev. 7), address issues that arose during the implementation of the 2012 update to the HCS, and provide...

09/15/2026

The U.S. Department of Labor’s Wage and Hour Division issued three new opinion letters on Labor Day.

• FLSA2026-11: Whether an uncompensated 60-minute lunch break, during which employees spend six to 14 minutes walking to and from the employer’s designated break area, constitutes a bona fide meal period. The USDOL found in essence that, because the employees were relieved from duty for the purpose of eating or engaging in personal activities, the meal period is compliant.

• FLSA2026-12: Whether FLSA-exempt employees of a nonprofit organization may volunteer, outside of their normal work hours, to perform services for their employing organization. This is permitted within the stated parameters.

• FLSA2026-13: Whether the FLSA allows a restaurant supervisor who also works as a bartender to keep a portion of other employees’ tips and the extent to which he may participate in a tip pool. FLSA2026-13 is addressed in a separate Howell Law Group post.

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

09/15/2026

The U.S. Department of Labor recently issued an opinion letter, FLSA2026-13, addressing whether a supervisor who also performs tipped duties (e.g., bartending, serving, bussing) is permitted to receive a portion of other employees’ tips through a tip pool/tip-out arrangement. The agency declared that a restaurant “shift supervisor” who meets the applicable duties test under the FLSA (executive exemption) may not participate in a tip pool. The supervisor may only retain tips received solely and directly for services s/he personally provides.

This not only applies to the restaurant industry but to other industries (e.g., hospitality) where hybrid supervisor positions present compliance risks.

There are severe consequences associated with these violations, not only including recovery of the tips paid to the supervisor but also disallowance of the tip credit for any affected tipped employees.

If you have tipped workers, you should review tip-pooling policies and practices to ensure compliance.

08/21/2026

ATTN. FEDERAL GOVERNMENT CONTRACTORS:

The OFCCP published its Section 503 Final Rule today in the Federal Register. Federal government contractors are no longer required to invite applicants/employees to self-identify as individuals with disabilities, collect disability-related data, or compare their workforces against OFCCP’s 7% utilization goal. The Final Rule also rescinds regulations implementing Executive Order 11246 and modifies Vietnam Era Veterans’ Readjustment Assistance Act regulations.

Affected contractors must still take affirmative action to employ and advance qualified individuals with disabilities, assess the effectiveness of their outreach and recruitment efforts, comply with nondiscrimination requirements, and prepare a written Affirmative Action Plan each year. They will, however, no longer be burdened with collecting or evaluating disability data to make that assessment.

The U.S. Department of Labor is revising its implementing regulations for Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). The revisions align the regulations with applicable law and recent executive orders, including Executive Order 14173, "Ending Illegal Discrimination...

08/20/2026

Howell Law Group is grateful to announce that Best Lawyers has named Melissa Jackson Howell as one of the Best Lawyers in America 2027 for both Employment Law and Labor and Employment Litigation.

Thank you to all who entrust us with your employment law needs!

https://www.bestlawyers.com/article/best-lawyers-awards-america-2027/8286

https://www.bestlawyers.com/lawyers/melissa-j-howell/179457

Discover this year's Best Lawyers honorees and the trends shaping the legal profession in the 2027 editions of The Best Lawyers in America and Ones to Watch.

08/05/2026

The United States Department of Justice recently released guidance concerning freedom of religion in the federal workplace. The guidance is a clear signal to private employers regarding the government’s stance on enforcement of Title VII following the Supreme Court’s Groff v. DeJoy decision.

Under Title VII, employers must reasonably accommodate an employee’s religious needs, absent undue hardship. An accommodation poses an “undue hardship” only if it imposes a burden that is “substantial in the overall context of an employer’s business.” Temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs do NOT qualify as an undue hardship. Likewise, coworker animosity to a particular religion or religion in general, or to the notion of religious accommodation also does NOT establish undue hardship.

The guidance points out that employers generally should permit religious discussions, displays, invitations to worship, prayer groups, and other forms of expression unless they materially interfere with operations—which generally does not include coworker complaints—or constitute unlawful harassment.

Employers should review accommodation policies, supervisor training, documentation practices, and standards governing workplace religious expression to ensure compliance.

Today, the Department of Justice announced the release of updated guidance on federal protections for religious liberty, reaffirming the administration’s commitment to safeguarding the constitutional rights of religious individuals and organizations. The updated memorandum revises and expands upon...

08/05/2026

ATTN. FEDERAL CONTRACTORS: The Rehabilitation Act of 1973 requires you to invite applicants and employees to self-identify as to disability using a form published by the Office of Federal Contract Compliance Programs (OFCCP). OFCCP just approved a new form OMB CC-305 (the same as the prior form except for the date), which you should start using immediately. You can find the new form here:

08/03/2026

The United States Department of Labor released an updated “Your Rights Under USERRA” poster. Please make sure your USERRA notice is up to date.

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

07/22/2026

The U.S. Department of Labor’s Wage and Hour Division issued two new opinion letters today addressing how the Fair Labor Standards Act (FLSA) applies to the commuter travel of employees who spend part of their workday working at home. The two letters are:

FLSA2026-9: Whether mid-day travel between an employee’s home and work office is worktime that an employer must record and pay for under the FLSA, where the employee performs work at both locations and the mid-day travel is offered as a voluntary alternative to unpaid commuter travel that would otherwise occur before or after the employee’s workday.

FLSA2026-10: Whether time spent by an employee receiving pages, calling clients and other workers to schedule appointments, and driving from home to the first client appointment is worktime that an employer must record and pay for under the FLSA.

Details regarding each letter can be found at:

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.