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2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

Preparing for the November Election: Best Practices for All Employers‎

As the November 2024 election approaches, many employers are facing issues ranging from providing time off for employees to vote, addressing political speech in the workplace, and navigating the tension between encouraging...more

OSHA’s Final Walkaround Rule: Welcome, Workplace Visitors!‎

On April 1, 2024, the federal Occupational Safety and Health Administration (“OSHA”) published its long-awaited Final Rule (the “Final Walkaround Rule”), which amends 29 C.F.R. 1903.8(c) – the agency’s regulation that...more

‎2023 NLRB Update: Key Developments for All Employers‎

During 2023, strikes involving Hollywood writers, actors, automobile workers, and airline workers have dominated news story headlines. Meanwhile, unionization efforts affecting private employers across all industries are...more

11/2/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

U.S. Supreme Court Clarifies Undue ‎Hardship Standard for Religious Accommodation ‎Requests

In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), the U.S. Supreme Court held that “[t]o require [an employer] to bear more than a de minimis cost in order to” grant an employee a religious accommodation under...more

ChatGPT and AI in the Workplace: Should Employers Be Concerned?‎

In November 2022, OpenAI—an artificial intelligence (“AI”) research laboratory funded by Microsoft—released its AI “chatbot” for public use: ChatGPT. Over the past several months, the popularity of ChatGPT has grown...more

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

Following the recent decision in the matter of McLaren Macomb, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), issued a memo detailing her view of confidentiality and...more

Employees ‘Speak Out!’: How the Speak Out Act Will Affect Employee Non-Disclosure Agreements

In early 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Inspired by the #MeToo movement, the law banned compulsory, pre-dispute arbitration clauses in cases...more

Wage Theft Update: Increased Efforts to Recover Lost Wages

Most employers are familiar with the basic tenets of the Fair Labor Standards Act (“FLSA”): generally an employer must pay covered employees a minimum wage and pay non-exempt employees overtime for hours worked over 40 in a...more

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