Brian D. Pedrow

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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

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

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

The disparate impact theory of discrimination—under which a facially neutral policy or practice may be challenged based on its effects rather than direct evidence of discriminatory intent—is facing renewed federal scrutiny under the Trump Administration. Three recent actions from the Department of Justice, the Department of Transportation, and the Department of Labor reflect a narrower federal approach to effects-based civil rights enforcement, and a departure from historic civil rights enforcement under previous administrations.… Continue Reading

Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… 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

On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking) that would revise the agency’s analysis for assessing joint employer status under three federal wage and hour laws. The proposed rule would implement regulatory guidance for determining joint employer status under the Fair Labor Standards Act (FLSA) and amend existing regulations under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) so that the proposed FLSA analysis would apply under those laws as well.… Continue Reading