Labor and Employment

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As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the unprecedented step of firing former Board Member Gwynn Wilcox before her five-year term had expired and continued as William B. Cowen, the Acting General Counsel (“AGC”) who was appointed to replace fired Biden-era GC Jennifer Abruzzo, rescinded many of the more notable guidance memoranda Abruzzo issued during her term. The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and supervising the regional NLRB offices, and while the positions advanced by the General Counsel’s Office are not binding upon the Board, they nevertheless signal a shift in prosecutorial priorities and often portend eventual adoption of these positions by the Board in a future case.Continue Reading NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress. New York lawmakers have passed legislation that, if signed by Governor Kathy Hochul, would grant state agencies the power to enforce federal labor law. Employers could face significant challenges if this bill becomes law. Most concerning, employers could have a collective bargaining agreement imposed on them by an arbitrator.Continue Reading New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

A recent decision from the Second District California Court of Appeal highlights the importance of employers making timely payments of arbitration fees and offers a glimpse of one of the several potential outcomes of a case pending before the California Supreme Court involving the same issue.Continue Reading Another Published California Appellate Decision Finds Waiver of Right to Arbitrate Due to Untimely Payment of Fees, Ahead of California Supreme Court Ruling on Same Issue

Last week, the U.S. District Court for the Northern District of California in the case of San Francisco AIDS Foundation v. Trump temporarily halted enforcement of parts of the diversity, equity and inclusion and “gender ideology” Executive Orders – specifically, as they apply to the named plaintiffs in the case. Continue Reading California District Court Partially Enjoins Application of DEI and “Gender Ideology” Executive Orders Against Coalition of LGBTQIA+ Nonprofit Organizations

As we previously reported here, here, and here, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation, the use of AI in employment decisions—particularly in hiring, performance management, and surveillance—has become a focal point for lawmakers, regulators, and litigators alike. This article contains an overview of the shifting federal landscape on the use of AI at work, the state level response, and offers recommendations for employers to mitigate risk.Continue Reading Where Are We Now With the Use of AI in the Workplace?

Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further complicated the Private Attorneys General Act (“PAGA”) landscape. In Leeper v. Shipt, Inc., 107 Cal.App.5th 1001 (2024), the California Court of Appeal (Second District) rejected the so-called “headless” PAGA theory and held that every PAGA action must include both an individual and a non-individual claim even if the plaintiff disavows their own claim, thereby preventing plaintiffs from using this strategy to avoid arbitration. A conflicting decision was issued by another appellate court (the Fourth District) in Rodriguez v. Packers Sanitation Servs. LTD., LLC, 109 Cal.App.5th 69 (2025), reh’g denied (Mar. 19, 2025). This disagreement between the two appellate decisions has led to considerable uncertainty for litigants facing pre-June 2024 PAGA lawsuits, with the California Supreme Court now stepping in to provide much needed guidance.Continue Reading Will the California Supreme Court Put the Heads Back on Headless PAGA Suits?

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her official capacity as Governor of the State of Oregon, et al., Case No. 3:25-cv-244-SI (D.Or. May 20, 2025), striking down Oregon’s United for Cannabis Workers Act and holding that the law is preempted by the National Labor Relations Act (“NLRA”) in violation of the Supremacy Clause and the First Amendment of the United States Constitution.Continue Reading Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will No Longer Enforce State Requirement

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The latest decision comes in a long line of court decisions since Trump terminated Wilcox in January 2025. The central issue revolves around 90-year-old precedent Humphrey’s Executor v. U.S., 295 U.S. 602 (1935) limiting the President’s power to fire employees at independent agencies. Continue Reading Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

Effective May 1, 2025, the American Arbitration Association (“AAA”) implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures. According to the AAA, these revisions aim to improve transparency, efficiency, and fairness in the arbitration process, while also addressing the evolving needs of workplace disputes. The changes carry important practical considerations for anyone involved in employment arbitration before the AAA. Below we discuss the key updates and what they mean for litigants.Continue Reading Major Changes to AAA Employment Arbitration Rules: What Employers and Litigants Need to Know

On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) seeking to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”Continue Reading New Executive Order Aims to End Disparate Impact Liability for Discrimination

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Continue Reading Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal