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NLRB returns to first Trump-era employee misconduct framework

NLRB returns to first Trump-era employee misconduct framework

The National Labor Relations Board has reverted to the original Trump-era test for evaluating employee misconduct after a mandate from the 5th U.S. Circuit Court of Appeals. Under the court’s order, the agency applied the same framework it had challenged in 2023, signaling a return to that standard

HR Dive by Emilie Shumway
28 Sep 2026
EEOC seeks subpoena enforcement against Hyundai over alleged refusal to hire non-Koreans

EEOC seeks subpoena enforcement against Hyundai over alleged refusal to hire non-Koreans

The Equal Employment Opportunity Commission has filed to enforce subpoenas against Hyundai, alleging the company refused to hire applicants who are not of Korean ancestry. The action coincides with the EEOC’s heightened regulatory focus on national-origin discrimination.

HR Dive by Ryan Golden
28 Sep 2026
6 recent ADA lawsuits

6 recent ADA lawsuits

This article summarizes six recent court orders that illustrate limits on workers’ discrimination claims under the Americans with Disabilities Act. The rulings clarify how courts are narrowing certain ADA theories, offering employers and HR leaders practical signals for reviewing accommodation, leav

HR Dive by Ginger Christ
28 Sep 2026
The doctor’s note is vague. What should the employer do next?

The doctor’s note is vague. What should the employer do next?

When an employee provides a vague or incomplete doctor’s note, employers shouldn’t treat it as a final verdict; they must seek clarification and engage in the ADA-required interactive process. ADA expert Rachel Shaw warns that failing to request additional medical information or consider reasonable

HR Dive by Rachel Shaw
28 Sep 2026
Week in review: The bait-and-switch gap in recruiting

Week in review: The bait-and-switch gap in recruiting

A concise roundup of last week’s top stories, this edition spotlights recruiting challenges—especially the “bait-and-switch” gap where roles and offers don’t match candidate expectations—and what that means for hiring outcomes. It also highlights a shrinking leadership pipeline and the resulting ris

HR Dive by Kathryn Moody
28 Sep 2026
How can employers create a positive workplace culture?

How can employers create a positive workplace culture?

An O.C. Tanner Institute leader warns that expecting limitless capacity from employees is unsustainable. Employers should build a positive workplace culture by setting realistic expectations, investing in employee wellbeing and recognition, and supporting sustainable performance.

HR Dive by Caroline Colvin
28 Sep 2026
What data says about the who, what, when, where and why of open enrollment education

What data says about the who, what, when, where and why of open enrollment education

Learn how to end the guesswork during open enrollment by using employee data to tailor benefits education—identifying who needs what information, which channels and timing work best, and why targeted outreach boosts engagement. The article outlines practical ways to collect and apply demographic, pa

HR Dive by WEX Benefits
28 Sep 2026
CMS and SBA rebrand ICHRA as CHOICE Arrangements: Here’s what you need to know

CMS and SBA rebrand ICHRA as CHOICE Arrangements: Here’s what you need to know

CMS and the SBA have rebranded Individual Coverage Health Reimbursement Arrangements (ICHRA) as CHOICE Arrangements, marking a notable regulatory update for employer-sponsored defined‑contribution health benefits. New research finds growing employer interest in CHOICE Arrangements and identifies the

HR Dive
28 Sep 2026
DOL provides guidance to employers on responding to opioid overdoses

DOL provides guidance to employers on responding to opioid overdoses

The U.S. Department of Labor issued new guidance to help employers prevent, recognize and respond to opioid overdoses in the workplace. This guidance is part of the Trump Administration’s Great American Recovery Initiative, which focuses on expanding addiction treatment and recovery efforts.

HR Dive by Ginger Christ
25 Sep 2026
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