In a National Labor Relations Board (NLRB) Division of Advice memorandum recently released to the public, although in redacted form, the Division of Advice said that one of the world’s largest software companies did not violate the law by firing two employees who organized a protest of the war in Gaza at the company’s headquarters. … Continue Reading

NLRB Composition Shifts With Macy’s Arrival

On August 17, 2026, James R. Macy was sworn in as the newest member of the National Labor Relations Board (NLRB) after Senate confirmation on August 7. With Chairman James R. Murphy and Member Scott A. Mayer, Macy gives Republicans a 3–1 majority among the four sitting members; David M.… Continue Reading

Last week, the U.S. Court of Appeals for the Second Circuit refused to enforce the National Labor Relations Board’s (NLRB) restrictive view of employer dress code policies, as premised on the Board’s erroneous legal foundation for assessing such policies.

In Starbucks Reserve Roastery, No. 24-3168 (2d Cir. Sept. 2, 2026), the Starbucks Workers United union challenged the following Starbucks dress code policies:

  • In addition to Starbucks-approved or issued pins, Starbucks employees may wear on their apron “one reasonably sized and placed button or pin that identifies a particular labor organization or a partner’s support for that organization, except if it interferes with safety or threatens to harm customer relations or otherwise unreasonably interferes with Starbucks’ public image.”
… Continue Reading

Registration for Maryland’s Family and Medical Leave Insurance (“FAMLI”) program is officially open, and Governor Wes Moore is encouraging employers to register as soon as possible. 

Employers with at least one Maryland-based employee are required to register. Employers can register through the Maryland Department of Labor’s FAMLI portal. Employers will also need to inform the State whether they will participate in the State Plan or an approved private plan.… Continue Reading

New tri-agency FAQ guidance issued on August 26, 2026, addresses elements of the 2013 wellness program regulations have been the subject of dozens of class actions in recent years. While this non-binding guidance does not amend the existing regulations, it gives courts a window into the agencies’ interpretation of these longstanding wellness program rules.… Continue Reading

Foreign journalists working in the United States, and the media organizations that employ them, should review the significant change in U.S. immigration rules that takes effect September 15, 2026.

For decades, most foreign journalists holding I visa status—the designation the U.S. government gives for media members’ visas—have been admitted to the United States for “duration of status,” or D/S.… Continue Reading

A recent lawsuit filed in the Northern District of California alleges that AI-based tools used to score, rank, and select employees for a reduction in force discriminated against workers on protected leave and those with disabilities. The lawsuit alleges this occurred, in part, because the AI-system’s inputs, such as productivity metrics and “AI-native” ratings, could not be accumulated by employees who were absent or working under various accommodations.… Continue Reading

Our breakout sessions are designed to help you dive deeper into timely, real-world HR and employment law challenges. You’ll be able to choose two sessions, and topics include workplace accommodations, HR legal fundamentals, DEI-related legal risks and enforcement trends, and updates on ERISA and benefit plan litigation.

Steering Through Uncharted Waters: Advanced Strategies for Workplace Accommodation Compliance

Speakers
Priya Vivian (Ballard Spahr)
Robyn Ruderman (Starbucks)

This advanced session is designed for experienced practitioners who already possess a foundational understanding of workplace accommodation law and are looking to deepen their expertise in handling complex disability, religious, and pregnancy-related accommodation requests under federal and state laws.… Continue Reading

Maryland’s Family and Medical Leave Insurance (FAMLI) program is quickly approaching, bringing significant new obligations for employers of all sizes. Preparing for FAMLI will require coordination across human resources, payroll, benefits, and legal teams. Employers that plan now will be better positioned to meet the program’s requirements. 

On July 29, Ballard Spahr’s Labor and Employment Group hosted a webinar on FAMLI, to provide practical guidance on implementation strategies for employers. … Continue Reading

A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights an important distinction for public employers defending challenges to DEI-related initiatives. That is, opposition to DEI does not automatically establish a viable Title VII claim, but constitutional claims may present different considerations.

Title VII Claims

In Spengler v.… Continue Reading