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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
The Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) started out 2026 by announcing several new procedural protocols and updated guidance and policy goals. EEOC Revokes Harassment Guidance On January 22, 2026, the EEOC voted 2-1 to revoke anti-harassment guidance previously approved by the EEOC in 2024. The guidance had defined for...... Continue Reading
February 2026 | Blog
For a variety of reasons, including confidentiality and protection of trade secrets, many employers maintain policies that prohibit or limit employees from making audio or visual recordings in the workplace. These policies were targeted by the National Labor Relations Board (NLRB) under the previous Administration, which found them unlawful under the employee and union-friendly standard...... Continue Reading
January 2026 | Blog
On November 5, 2025, the United States Court of Appeals for the Sixth Circuit issued an opinion in NLRB v. Starbucks Corp., joining with the Third and Fifth Circuits in finding the National Labor Relations Board (NLRB or Board) exceeded its authority under the National Labor Relations Act (NLRA) by ordering an employer to compensate...... Continue Reading
November 2025 | Blog
On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96 into law. Although that law generally relates to setting Ohio’s operating budget for the 2026-2027 fiscal year, it also includes a “mini-WARN” provision which will require covered employers to provide notice to certain employees affected by plant closings and mass layoffs in...... Continue Reading
September 2025 | Blog
The Sixth Circuit’s recent decision in Bivens v. Zep, Inc. set forth a significant departure from circuit precedent regarding employer liability for third-party harassment and signaled a potential opening for other courts to challenge the authority of the U.S. Equal Employment Opportunity Commission’s (EEOC) guidance in this area. On August 8, 2025, the Sixth Circuit...... Continue Reading
August 2025 | Blog
On February 28, 2025, the US Department of Labor (DOL) appealed a December 2024 Texas federal trial court’s decision that blocked a Biden-era overtime rule promulgated by the DOL. This is the DOL’s second appeal following an appeal in November by the then Biden-led DOL of another Texas district court’s ruling that similarly vacated and...… Continue Reading
March 2025 | Blog
The U.S. Court of Appeals for the Eighth Circuit ruled on February 20, 2025, in Tennessee v. Equal Employment Opportunity Commission, that seventeen (17) State attorneys general have standing to challenge the EEOC’s Final Rule interpreting the Pregnant Workers Fairness Act (the “PWFA” or “the Act”). In the first federal appellate court decision to consider...… Continue Reading
February 2025 | Blog
The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at...… Continue Reading
November 2024 | Blog
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