On August 26 the General Counsel of the National Labor Relations Board, Crystal S. Carey, issued a
memorandum in which she identified a number of past decisions issued by the Biden-era NLRB for which she intends to seek reversal before the newly reconstituted Board.
https://apps.nlrb.gov/link/document.aspx/09031d4584351740
Until recent appointments approved by the Senate, the Board had been in a state of “suspended animation” for nearly a year because it lacked a quorum.… Continue Reading
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:
Recent news about U.S. Immigration and Customs Enforcement (ICE) in several parts of the United States, including major events in Minneapolis, have encouraged U.S. businesses and organizations to review their compliance and enforcement protocols. Attorneys in Ballard Spahr’s Immigration, Labor and Employment, and White Collar Defense and Investigation Groups have published guidance throughout the year regarding compliance.… Continue Reading
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
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws. Aptly titled, “Enforcement Guidance on Harassment in the Workplace” (915.064), this guidance addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and provides the analysis for determining whether employer liability is established. … Continue Reading
Legal updates have become more important than ever in the evolving workplace in a post-pandemic era. Stay on top of the latest trends and advice on how to handle the new evolving workplace by participating in SEPA SHRM’s premiere legal conference!
The Southeastern Pennsylvania Chapter (SEPA) of SHRM is excited to host our 12th Annual HR Legal Summit, where over 200+ HR Professionals gain practical information on Labor and Employment Law compliance for 2024 and beyond.… Continue Reading
On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board abandoned its decision in Boeing Co., 365 NLRB No. 154 (2017), which had announced a new business-friendly test for workplace rules, in favor of a framework derived by the Obama Board from Lutheran Heritage Village-Livonia, 343 NLRB No.… Continue Reading