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
Second Circuit: No Deference to NLRB’s Dress Code Restrictions
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.”
Registration for Maryland’s Family and Medical Leave Insurance Program is Now Live
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
Foreign Journalists Face New U.S. Visa Time Limits Beginning September 15
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
AI in Workforce Decisions: Privilege Strategies and Policy Guardrails Every Employer Needs
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
Statutory Discrimination Claims and Constitutional Claims Opposing DEI Initiatives Receive Different Treatment in the Seventh Circuit – Practical Takeaways for Employers
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
EEOC Files Rare Discrimination Lawsuit on Behalf of White Male Employee
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
Supreme Court Affirms Presidential Power to Fire Executive Agency Officials At Will
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
The FTC’s Sweeping Noncompete Ban May Be Gone, But Employers Are Not in the Clear
On April 15, 2026, the Federal Trade Commission announced an enforcement action against one of the nation’s largest pest-control companies, Rollins, Inc., ordering the company to stop enforcing noncompete agreements against more than 18,000 workers nationwide. The FTC simultaneously sent warning letters to 13 other pest-control companies, signaling broader scrutiny of noncompete practices across the industry.… Continue Reading
Employer Beware: New Requirements for Employers with New Hires in Colorado
Employers hiring employees in Colorado beware! You may inadvertently commit a hate crime without even knowing it.
The Colorado legislature ended the 2026 regular session by passing a law that makes it a hate crime for an employer, or that employer’s agent, to “demand, confiscate, retain, or otherwise require an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity .… Continue Reading