With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel’s office and the...more
2/11/2026
/ Administrative Backlogs ,
Biden Administration ,
Board Members ,
Case Management ,
Investigations ,
Labor Relations ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Presidential Appointments ,
Regulatory Reform ,
Trump Administration ,
Unfair Labor Practices ,
Unions
The U.S. Equal Employment Opportunity Commission (“EEOC”) has voted to rescind Biden-era anti-harassment guidance. The rescinded guidance had consolidated and replaced multiple prior EEOC harassment guidance documents and was...more
Philadelphia has passed legislation prohibiting discrimination and requiring accommodation on the basis of needs related to menstruation, perimenopause, or menopause, becoming the first major U.S. city to explicitly offer...more
Following acting chair Andrea Luca’s earlier pledge to more aggressively enforce civil rights laws against employers who disadvantage U.S. workers, the U.S. Equal Employment Opportunity Commission (EEOC) has released a new...more
12/17/2025
/ Civil Rights Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Reform ,
Job Ads ,
Labor Reform ,
National Origin Discrimination ,
Technology Sector ,
Title VII ,
Visas
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The...more
Just before Thanksgiving, Pennsylvania gave some employees another reason to give thanks. On November 25, 2025, Pennsylvania Governor Josh Shapiro signed the Creating a Respectful and Open World for Natural Hair (CROWN) Act...more
The City of Seattle recently succeeded in securing a partial injunction against the Trump Administration’s enforcement of two executive orders (EOs) under which the Administration threatened to withhold millions in federal...more
12/4/2025
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Court Litigation ,
Federal Funding ,
Federal Grants ,
Gender Identity ,
Preliminary Injunctions ,
Separation of Powers ,
Trump Administration ,
Unconstitutional Condition
Originally introduced in the Senate in March 2025, Representative Donald Norcross (D-NJ) introduced the Faster Labor Contracts Act (“FLCA”) to the House of Representatives on September 16, 2025. The FLCA seeks to hasten the...more
11/24/2025
/ AFL-CIO ,
Arbitration ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Dispute Resolution ,
Labor Reform ,
Labor Relations ,
Mediation ,
New Legislation ,
NLRA ,
NLRB ,
Proposed Legislation ,
Unions
Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole remedies contemplated by the National Labor Relations Board (the “Board”) in Thryv,...more
11/24/2025
/ Appeals ,
Appellate Courts ,
Consequential Damages ,
Constitutional Challenges ,
Damages ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Seventh Amendment ,
Split of Authority ,
Statutory Authority ,
Statutory Interpretation ,
Unfair Labor Practices ,
Unions
Earlier last month, the Senate confirmed over 100 of President Trump’s nominees en bloc in a 51‑47 party-line vote. The confirmed nominees included Brittany Bull Panuccio as an EEOC Commissioner, Andrew Rogers as...more
After briefly releasing — and then quickly withdrawing — its regulatory agenda last week, the Department of Labor (DOL) has republished its Spring 2025 unified agenda.
...more
9/19/2025
/ Employee Benefits ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
OSHA ,
Pharmacy Benefit Manager (PBM) ,
Regulatory Agenda ,
Retirement Plan ,
Unemployment Insurance ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Illness and Injury Reporting
Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex...more
9/17/2025
/ Anti-Discrimination Policies ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Hostile Environment ,
Labor Law Violations ,
LGBTQ ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Fourth Circuit recently reminded employees of their shared obligation to participate in the interactive process with their employer when requesting a reasonable accommodation under the Americans with Disabilities Act...more
9/3/2025
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability Discrimination ,
Documentation ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Failure to Accommodate ,
Interactive Process ,
Johns Hopkins ,
Reasonable Accommodation ,
Summary Judgment
The federal government recently unveiled America’s AI Action Plan (the Plan), a sweeping policy roadmap aimed at clearing away regulatory barriers, supercharging U.S. investment in infrastructure and talent surrounding AI,...more
8/11/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
Colorado ,
Employment Discrimination ,
Federal v State Law Application ,
Hiring & Firing ,
Illinois ,
New Legislation ,
Regulatory Requirements ,
State Labor Laws ,
Texas
Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not...more
8/6/2025
/ Anti-Discrimination Policies ,
Best Practices ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Federal Contractors ,
Federal Funding ,
Hiring & Firing ,
New Guidance ,
Non-Discrimination Rules ,
Regulatory Reform ,
Reverse Discrimination ,
State and Local Government ,
Trump Administration
On July 17, 2025, the White House sent a series of nominations to the Senate, including nominations for two National Labor Relations Board members – Scott Mayer and James Murphy. If confirmed, the nominees would join sitting...more
7/18/2025
/ Administrative Appointments ,
Biden Administration ,
Employment Policies ,
Federal Labor Laws ,
Government Agencies ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Presidential Nominations ,
Quorum ,
Regulatory Agencies ,
Regulatory Agenda ,
Unions
The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more
The U.S. Department of Labor (DOL) recently confirmed the establishment of a temporary Office of Immigration Policy, aimed at enhancing how DOL administers employment‑based immigration programs....more
On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more
6/25/2025
/ Anti-Retaliation Provisions ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Local Ordinance ,
New Legislation ,
Paid Sick Leave ,
Penalties ,
State and Local Government ,
Wage and Hour ,
Wage Theft
On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more
6/18/2025
/ Affirmative Action ,
Ames v Ohio Department of Youth Services ,
Civil Rights Act ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Evidentiary Standards ,
Job Promotions ,
Judicial Authority ,
McDonnell Douglas Formula ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII
President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff. The proposed discretionary budget is slashed from $13.5 billion to $9...more
6/18/2025
/ Budget Cuts ,
Department of Labor (DOL) ,
Employee Benefits ,
Enforcement Actions ,
Federal Budget ,
Government Agencies ,
NLRB ,
OFCCP ,
OSHA ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
Unfair Labor Practices ,
Wage and Hour
A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more
6/3/2025
/ Appeals ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Deregulation ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Gender Identity ,
Labor Reform ,
Lack of Authority ,
LGBTQ ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Texas ,
Title VII ,
Transgender ,
Vacated
The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more
5/30/2025
/ Civil Rights Act ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Identity ,
LGBTQ ,
Reporting Requirements ,
Sex Discrimination ,
Title VII ,
Trump Administration
On April 30, 2025, Congressional Representatives Stephanie Bice (R-Oklahoma) and Chrissy Houlahan (D-Pennsylvania) introduced the More Paid Leave for More Americans Act in the House of Representatives....more
5/21/2025
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Federal Funding ,
Federal Labor Laws ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Regulatory Agenda
The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more
5/14/2025
/ Biden Administration ,
Constitutional Challenges ,
Contract Interpretation ,
Department of Justice (DOJ) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
First Amendment ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Trump Administration ,
Unions