Employers

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

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

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

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

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

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

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

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

As online shopping and rapid delivery services continue to reshape the economy, employers increasingly rely on individuals who transport goods for their “last mile,” from warehouses and distribution centers to retail locations and consumers. A recent Supreme Court decision may make it more difficult for employers who operate in the “last mile” arena to enforce arbitration agreements against those drivers.… Continue Reading