Rebecca A. Leaf

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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.”
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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

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

Maryland employers and those with employees in Maryland should begin preparing now for the state’s new paid Family and Medical Leave Insurance (FAMLI) program. With employer and employee contributions beginning in January 2027 and benefits becoming available in 2028, understanding the program’s requirements and planning ahead will help employers navigate the transition.… Continue Reading

In a 6-3 ruling, the Supreme Court confirmed that independent agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause.  In doing so, the Supreme Court overruled a 91-year-old case restricting the President’s right to remove such officials and opened the door for President Trump to remove other executive agency officials as he wishes.    … Continue Reading

Maryland employers can now register early for the State’s Family and Medical Leave Insurance (“FAMLI”) program as part of the Maryland Department of Labor’s employer registration “soft launch.”

The soft launch gives employers an opportunity to create their FAMLI accounts, add team members, connect with third-party administrators, and provide feedback to the Department of Labor before registration opens to all employers on September 1, 2026.… Continue Reading

Maryland is set to join a growing number of states banning so-called “captive audience” meetings, in which employers require their employees to hear their views on political or religious matters, including membership in a labor union.  If signed by Governor Wes Moore, the law will be effective October 1, 2026.

Maryland’s SB 417

Maryland’s SB 417 makes it unlawful for an employer to discharge, discipline or otherwise penalize an employee (or threaten these actions), because the employee declines to attend, participate in, or listen to the employer’s communications on political or religious topics in an employer-sponsored meeting. … Continue Reading

With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel’s office and the Board signal important guidance about the Agency’s priorities as Trump’s appointees take the helm.… Continue Reading

The New York City Council recently voted to override the veto of Mayor Eric Adams and pass two laws aimed at increasing pay equity and transparency.  These laws amend the administrative code of the City of New York and will require private employers with 200 or more employees in the City to annually report certain workforce demographic data to the City. … Continue Reading

The Fourth Circuit recently reminded employees of their shared obligation to participate in the interactive process with their employer when requesting a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The case, Tarquinio v. Johns Hopkins University Applied Physics Lab, No. 24-1432 (4th Cir. 2025), makes clear that employees must provide their employers with requested documentation and information where the connection between their disability and its limitations on their work is not obvious. … Continue Reading