“Call it the fault of civilization. God isn’t compatible with machinery …” Or so Mustapha Mond warns John the Savage in Aldous Huxley’s Brave New World, but that tension is not confined to great works of literature. As businesses embrace generative artificial intelligence (AI) in the workplace, a new trend is emerging: conscientious objectors requesting … Continue Reading
For more than 75 years, employers were allowed to call employees into a meeting on company time and explain why they thought a union wasn’t a good idea. These “captive audience” meetings had been legal since the National Labor Relations Board’s (NLRB) 1948 decision in Babcock & Wilcox, as long as the employer didn’t threaten, … Continue Reading
State and local legislatures were active in passing employment laws and ordinances concerning topics such as artificial intelligence, paid leave, and hiring practices, to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. Our team will continue to monitor these and other state employment law … Continue Reading
Over the past few years, I’ve had countless conversations with employers about noncompetes. Some are wondering whether their agreements are still enforceable. Others are trying to navigate a patchwork of state laws or make sense of the latest legal developments. It’s not hard to see why. The attempted nationwide ban on noncompetes by the FTC … Continue Reading
A recent decision by the United States Court of Appeals for the Second Circuit clarified the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), with significant implications for employers in New York, Connecticut, and Vermont seeking to enforce arbitration agreements. On September 30, 2026, in Diaz-Roa v. Hermes Law, … Continue Reading
On October 5, 2026, the Second Appellate District of the California Court of Appeal held in Doe v. Wells Fargo Bank, N.A., No. B344642, that an employer was not strictly liable under the California Fair Employment and Housing Act (FEHA) for harassment perpetrated by the plaintiff’s coworker when that coworker was a supervisor of other … Continue Reading
For many employers, personnel file access laws are familiar territory. Although the requirements vary by state, these laws generally grant private sector employees (and sometimes former employees) a statutory right to review and obtain copies of certain records contained in the personnel file maintained for them by their employer. Nineteen states[i] currently have some form … Continue Reading
A recent decision from the U.S. District Court for the Middle District of Pennsylvania, Johnson v. York Academy Regional Charter School, reminds employers of their obligation to meaningfully participate in the process of identifying reasonable accommodation of their employees’ religious beliefs. Monik Johnson was employed by a charter school as a business manager. Many years … Continue Reading
On September 23, 2026, the National Labor Relations Board (NLRB or Board) delivered welcome news to employers when it clarified the controlling framework for deciding whether an employee’s abusive conduct loses the protection of the National Labor Relations Act (NLRA). Specifically, in Lion Elastomers LLC, 375 NLRB No. 41 (2026) (Lion Elastomers III), the NLRB, … Continue Reading
For many employees, the benefits of maintaining a healthy lifestyle aren’t just physical; they are financial. Through health-contingent wellness programs, employers can offer monetary rewards or reduced health insurance costs to employees who achieve specified health-related goals. These programs may focus on nutrition, weight loss, tobacco cessation, fitness, substance abuse assistance, stress management, or general … Continue Reading
On September 2, 2026, the U.S. Court of Appeals for the Second Circuit issued a decision that could make it easier for employers to defend workplace dress code and uniform policies against unfair labor practice challenges. In Siren Retail Corporation, d/b/a Starbucks Reserve Roastery v. NLRB, the court rejected the National Labor Relations Board’s (NLRB … Continue Reading
A recent decision from the United States Court of Appeals for the Ninth Circuit—Cherry et al. v Washington Dep’t of Fish & Wildlife, et al., is a primer in employer obligations when reasonably accommodating employees’ religious beliefs. In August 2021, the Governor of Washington mandated that nearly all State employees vaccinate against COVID-19 or face … Continue Reading
Back in July, we discussed the Equal Employment Opportunity Commission’s (“EEOC”) proposal to eliminate EEO-1 reporting requirements and the agency’s rationale for doing so. On August 11, the EEOC held a two-hour public hearing that brought together employers, academics, civil rights advocates, policy organizations, and a former EEOC General Counsel to weigh in on the … Continue Reading
On August 7, 2026, the Senate confirmed current National Labor Relations Board (NLRB or Board) Member David Prouty to a second term – Member Prouty was first appointed to the Board in 2021 by President Biden – and confirmed James Macy to fill one of two vacant Board seats. Mr. Macy’s appointment marks an important … Continue Reading
State and local legislatures were active throughout the last quarter in passing employment laws and ordinances concerning topics such as arbitration agreements, wage transparency requirements, and drug testing laws to name a few. As always, minimum wages continue to increase in many jurisdictions and various posters have been updated. As always, our team will continue … Continue Reading
On May 21, 2026, we predicted that employers’ longstanding obligations to maintain and report workforce demographic data, as required by the Equal Employment Opportunity Commission (“EEOC”), may be eliminated. That prediction has moved one step closer to becoming reality.… Continue Reading
A major new court decision could remake federal labor law for years to come. This decision – issued on July 21 by the U.S. Court of Appeals for the D.C. Circuit – signals that courts may soon revisit many longstanding legal standards governing labor law issues. The decision also highlights a new route for parties … Continue Reading
California employers that seek to enforce arbitration agreements with their employees may feel like they are playing the game of “Whack-A-Mole.” For those unfamiliar, the game of “Whack-A-Mole” is played on a machine with a table-like play area top, an elevated display screen and a large, soft mallet. Five to eight holes in the play … Continue Reading
The U.S. Supreme Court’s June 29 decision in Trump v. Slaughter may significantly reshape how independent federal agencies, such as the National Labor Relations Board (NLRB), operate. Although the case arose from President Donald Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, the Court used the dispute to overrule Humphrey’s Executor v. United … Continue Reading
As we previously reported here, the Virginia legislature enacted a number of recent employment law updates. The most recent addition to this roster is Virginia’s expanded paid sick leave statute. On May 20, 2026, Virginia Governor Abigail Spanberger signed into law House Bill 5/Senate Bill 199, which mandates that all private employers and nearly all … Continue Reading
Many employers collect biometric data like retina or iris scans, voiceprints, hand scans, fingerprints, facial scans and DNA from their employees to track working hours, allow employee admittance to secure areas or provide access to pay stubs, among other reasons. The Illinois Biometric Information Privacy Act (BIPA) was enacted in 2008 to regulate and safeguard … Continue Reading
The United States Equal Employment Opportunity Commission (“EEOC”) is the nation’s primary workplace discrimination authority. Since its establishment as part of the Civil Rights Act of 1964, the federal agency has maintained jurisdiction over the investigation, mediation, and, in some instances, litigation of employment-based complaints.… Continue Reading
Two recent developments in Congress signal potentially significant changes affecting labor law as we move further into 2026. First, the House of Representatives passed the Faster Labor Contracts Act (H.R. 5408) on June 9, 2026. This bill would create a new process for negotiating collective bargaining agreements, in a way that significantly benefits unions. It … Continue Reading
Effective performance management is not only a business necessity, but also one of the most important tools for reducing employment litigation risk. Few workplace decisions create more potential legal exposure than disciplining or terminating an employee for subjective performance-related reasons. In many cases, a lawsuit is not driven solely by the termination itself, but by … Continue Reading
