On August 26 the General Counsel of the National Labor Relations Board, Crystal S. Carey, issued a
memorandum in which she identified a number of past decisions issued by the Biden-era NLRB for which she intends to seek reversal before the newly reconstituted Board.

https://apps.nlrb.gov/link/document.aspx/09031d4584351740

Until recent appointments approved by the Senate, the Board had been in a state of “suspended animation” for nearly a year because it lacked a quorum.… Continue Reading

New York has entered the world of mandating access to personnel records.  Governor Kathy Hochul signed new legislation that grants employees and former employees a statutory right to inspect, copy, and dispute the contents of their personnel files. Senate Bill S3460 creates Section 210-b of the New York Labor Law—a comprehensive personnel-records-access framework that imposes significant new obligations on employers across the state.… Continue Reading

The National Labor Relations Board (“NLRB” or “Board”) this week confirmed that the Wright Line standard remains binding precedent for employers navigating discipline of employees for offensive conduct during otherwise protected Section 7 activity.  This case brings to a close—at least for now—a years-long tug-of-war between the Board and the U.S.… Continue Reading

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

On September 3, 2026, the U.S. Department of Treasury (the Treasury), through the Internal Revenue Service (IRS), proposed new regulations that aim to revoke the federal tax-exempt status of educational institutions that use race, color, or national origin in their policies and practices. Proposed under Internal Revenue Code Section 501(c)(3), the regulations would apply to any private institution that adopts, maintains, or enforces race- or national origin-based policies across its operations, including admissions, scholarships, loans, athletics, and other programs.… 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