Originally introduced in the Senate in March 2025, Representative Donald Norcross (D-NJ) introduced the Faster Labor Contracts Act (“FLCA”) to the House of Representatives on September 16, 2025. The FLCA seeks to hasten the bargaining of first collective bargaining agreements. According to the Proposed Bill, average number of days for bargaining a first contract were well over a year — 465 days.… Continue Reading
Make-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit Split
Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole remedies contemplated by the National Labor Relations Board (the “Board”) in Thryv, Inc., 372 NLRB No. 22 (2022). But since Halloween this year, both the Fifth and the Sixth Circuits joined the Third Circuit in rejecting Thryv remedies.… Continue Reading
Washington Establishes Worker Rights Unit in Response to Declining Federal Enforcement
Washington Attorney General Nick Brown recently announced the formation of a new Worker Rights Unit dedicated to enforcing state labor laws and addressing wage theft. The announcement reflects on the federal government’s “dismantling” of labor enforcement efforts, as a basis for Washington to expand state-level efforts to protect workers and hold noncompliant employers accountable. … Continue Reading
New Jersey Expands Captive Audience Prohibition to Meetings about Unionization
On September 3, 2025, New Jersey Governor Phil Murphy signed legislation prohibiting employers from mandating employee participation in communications about the decision to join or support a labor organization or association. The measure expands New Jersey’s existing restrictions on these “captive audience” meetings related to political and religious matters and joins several other states, including California, New York, Illinois, and Washington, that ban employers from requiring attendance at meetings about religious, political, or labor organization issues.… Continue Reading
U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations
The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those programs is the Wage and Hour Division (WHD) Payroll Audit Independent Determination (PAID) program. The PAID program encourages employers to self-identify and resolve minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), and certain leave violations under the Family and Medical Leave Act (FMLA).… Continue Reading
Are You Ready for an NLRB Quorum? It May be Coming!
On July 17, 2025, the White House sent a series of nominations to the Senate, including nominations for two National Labor Relations Board members – Scott Mayer and James Murphy. If confirmed, the nominees would join sitting Board Members Marvin E. Kaplan (Chair) and David Prouty, to create a quorum at the Board for the first time in almost six months. … Continue Reading
NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful
The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In the memo issued to NLRB regional offices on June 25, 2025, Acting General Counsel William B. Cowen instructed regions to issue a complaint, alleging bad faith bargaining, if an investigation reveals surreptitious recording occurred. … Continue Reading
New Philadelphia Ordinance Aims to EmPOWER Employees
On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic worker rights. The POWER Act also provides for anti-retaliation protections, and it authorizes the Office of Work Protection (OWP) to investigate and enforce all provisions.… Continue Reading
Keynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal Summit
Participating in SEPA SHRM’s premier legal conference, co-hosted with Ballard Spahr’s Labor & Employment Group, is essential for HR professionals and in-house counsel to stay informed about legal trends and developments, ensuring compliance and effective management of workplace issues.
Ballard Spahr LLP and the Southeastern Pennsylvania Chapter of SHRM (SEPA SHRM) are hosting our 13th Annual HR Legal Summit, where over 200 HR professionals will gain practical insights into Labor and Employment compliance for 2025 and beyond.… Continue Reading
President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRB
President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff. The proposed discretionary budget is slashed from $13.5 billion to $9 billion, reducing it by one third. The number of employees is reduced by nearly 4,000 from 14,855 to 10,879—or a more than 25% cut. … Continue Reading