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 the memo issued to NLRB regional offices on June 25, 2025, Acting General Counsel William B. Cowen instructed regions to issue a complaint, alleging bad faith bargaining, if an investigation reveals surreptitious recording occurred. … Continue Reading
Department of Labor Creates Temporary Office of Immigration Policy
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.
The new office comes amid growing employer reliance on legal immigration pathways to ensure a “timely, qualified, and stable workforce” through improved visa access as border and interior enforcement has intensified.… Continue Reading
No Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA Discrimination Claim
Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision.
On Friday, June 20, 2025, the Supreme Court resolved a circuit split: whether a person who no longer holds or seeks a job with their former employer can sue that employer for alleged post-employment discrimination under the Americans with Disabilities Act (“ADA”).… Continue Reading
New Philadelphia Ordinance Aims to EmPOWER Employees
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 worker rights. The POWER Act also provides for anti-retaliation protections, and it authorizes the Office of Work Protection (OWP) to investigate and enforce all provisions.… Continue Reading
Keynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal Summit
Participating in SEPA SHRM’s premier legal conference, co-hosted with Ballard Spahr’s Labor & Employment Group, is essential for HR professionals and in-house counsel to stay informed about legal trends and developments, ensuring compliance and effective management of workplace issues.
Ballard Spahr LLP and the Southeastern Pennsylvania Chapter of SHRM (SEPA SHRM) are hosting our 13th Annual HR Legal Summit, where over 200 HR professionals will gain practical insights into Labor and Employment compliance for 2025 and beyond.… Continue Reading
Reverse Discrimination Lawsuits Are So Back
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 discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.… Continue Reading
President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRB
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 billion, reducing it by one third. The number of employees is reduced by nearly 4,000 from 14,855 to 10,879—or a more than 25% cut. … Continue Reading
No Small Thing: Mini-Warn Act Comes to Washington State
Washington is the latest state to enact a “mini-WARN” Act that will require employers with 50 or more full-time employees to provide at least 60 days’ notice to the state as well as any union or employees affected by a business site closing or mass reduction in force. Although Washington’s WARN Act mirrors many federal WARN Act provisions, it has some notable distinctions.… Continue Reading
Texas Judge Strikes EEOC Guidance Protecting Transgender Employees
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. District Judge Matthew J. Kacsmaryk, who has served as a judge in the U.S. District Court for the Northern District of Texas since appointed by President Trump in 2019, found that the EEOC had exceeded its statutory authority in issuing the guidance and granted summary judgment in favor of the plaintiffs, thereby vacating the guidance nationwide.… Continue Reading
EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data
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 that beginning this year, all communications sent to filers will be electronic.… Continue Reading