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.
McLane Middleton Blogs
Latest from McLane Middleton
New Department of Labor Opinion Letter Offers Helpful Reminder About Exempt Classification
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…
New Hampshire Enacts Military Spouse Job-Protection Law
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…
Alert: New Consular Vetting Practices for H-1B and H-4 Visa Processing
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.…
EEOC Update on National Origin Discrimination
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 all workers…
Client Alert: PERM Denials on the Rise – Travel and Worksite Issues Under Scrutiny
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.…
Client Alert: New $100,000 Fee for H-1B workers
By Shiva Karimi
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…
U.S. Supreme Court Rejects Heightened Evidentiary Requirement for “Reverse Discrimination” Cases
On June 5, 2025, the United States Supreme Court issued a unanimous decision in the matter of Ames v. Ohio Department of Youth and Services, 145 S.Ct. 1540 (2025), rejecting a heightened evidentiary requirement for plaintiffs in employment claims under Title VII if they belong to a majority-group. In reversing the lower court’s decision, the…
USCIS Announced FY 2026 H-1B Cap Registration Period
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…
Best Practices for Employers Navigating ICE Visits
Immigration has been a central focus of the new presidential administration since taking office and is expected to remain a top priority. Workplace raids soared during the early years of the Trump administration’s first term, they have signaled that aggressive enforcement actions like workplace raids will factor into their immigration plans going forward. Consequently, employers…