Menu
Our practice focus
Our industry focus
Other industries
Legal Insights that help shape strategy and drive compliance.
Employment Law Worldview
On March 6, 2026, the United States Court of Appeals for the Sixth Circuit became the first federal appeals court to reject the National Labor Relations Board’s (NLRB or Board) 2023 decision in Cemex Construction Materials Pacific, LLC, in which the NLRB changed the standard for issuing affirmative bargaining orders requiring employers to recognize and...... Continue Reading
March 2026 | Blog
In enforcing the National Labor Relations Act (Act), the National Labor Relations Board (NLRB or Board) exercises two principal functions: it supervises and conducts union representation elections through which employees decide whether be represented by a union, as well as decides cases involving alleged violations of the Act, referred to as unfair labor practice charges...... Continue Reading
For nearly a year, the National Labor Relations Board has lacked a quorum of at least three confirmed members, and thus it has been unable to decide cases arising under the National Labor Relations Act, including unfair labor practice disputes and contested union representation cases. That ended on January 7, 2026, when two President Trump...... Continue Reading
January 2026 | Blog
Under the administrative scheme established by the National Labor Relations Act (NLRA)– the federal law that governs the relationship between employers, employees, and labor unions – the discretion whether to issue an administrative complaint against an employer based on an unfair labor practice charge is held by the National Labor Relations Board’s (NLRB or Board)...… Continue Reading
February 2025 | Blog
Not long after the November elections, we discussed potential changes that could come at the National Labor Relations Board (NLRB or Board) after inauguration day on January 20, 2025. Although it is a virtual certainty that President-Elect Trump will very quickly remove Jennifer Abruzzo from her position as the NLRB’s current General Counsel (the agency’s...… Continue Reading
December 2024 | Blog
Last week, the Democrat-majority members of the National Labor Relations Board (NLRB or Board) overruled a nearly 40-year old precedent (Tri-Cast), now making it unlawful for employers to explain to employees, even in non-coercive, non-threatening terms, the potential downside of selecting union representation (see our post here). With the election outcome poised to flip the...… Continue Reading
November 2024 | Blog
As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future. Since then, the Final Rule has been subject to legal challenges...… Continue Reading
July 2024 | Blog
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an...… Continue Reading
Unless you have been stranded on a deserted island over the past few years, you’ve likely heard that Starbucks has been fighting a protracted battle over unionization of its employees. In addition to dealing with the union seeking to represent its employees, Starbucks also has had to contend with the National Labor Relations Board (NLRB...… Continue Reading
June 2024 | Blog
frESH: Perspectives on Environmental, Safety & Health
The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024. The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can include a...… Continue Reading
April 2024 | Blog
The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can...… Continue Reading
Hollywood studios, the Big Three automakers and Starbucks were just some of the employers impacted by a remarkable surge in labor strikes called by unions in 2023. Nearly 350 strikes took place in 2023 – the most in two decades. According to data released by Bloomberg Law,[1] 345 strikes were called in 2023, along with...… Continue Reading
February 2024 | Blog
Query:{"PerPage":12,"Page":1,"Keyword":null,"FilterGroups":[{"FilterType":2,"FilterValues":["0322e1e29b0e4c86a128dca6f9bc7881 "],"HideFilter":false}],"DocumentTypes":["insightsItemText","blogPost"],"SortField":{"FieldName":"itemDateSortDesc","SortType":5},"SortDescending":true,"FutureItems":null,"Exclude":null,"Fields":["nodeName","titleOverride","excerpt","pageDescription","searchKeywords","nameSynonyms","lastNameNormalized"],"ParentPageId":null,"ParentPageIds":null,"OverrideHideFromSearch":false};
{ Category: content, LuceneQuery: +(__NodeTypeAlias:insightsitemtext __NodeTypeAlias:blogpost) -(+hideFromSearch:"1") +(relatedPeople:0322e1e29b0e4c86a128dca6f9bc7881) }
Insights at the Intersection of Law and AI.
Comprehensive regulatory framework for investment security and national interests.
Helping organizations align purpose with performance through practical ESG insights and solutions.
Explore our sector-specific legal blogs, where we regularly share insights and updates on the latest legal developments.
Subscribe to our legal insights directly to your inbox.
