BW INSIGHTS

EEOC Rescinds Criminal History Guidance: What Employers Need to Know

On October 28, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) announced its decision to rescind 2012 enforcement guidance addressing employers’ use of arrest and conviction records in employment decisions. The rescission took effect immediately. Although the decision represents a shift in the EEOC’s enforcement approach, it does not... Read More

DOL Proposes New Rule Regarding Joint Employer Liability

On April 22, 2026, the U.S. Department of Labor (DOL) issued a proposed rule to clarify when two or more entities may be considered joint employers under three federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). For several years, there... Read More