News & Analysis as of

Equal Employment Opportunity Commission (EEOC) The National Labor Relations Act

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Kelley Drye & Warren LLP

NLRB Leadership in Flux: Chair Gwynne Wilcox’s Unprecedented Firing, a Quorum-Less Board, and Implications for Employers

President Trump wasted no time shaking up the labor and employment law landscape. As anticipated, Trump discharged NLRB General Counsel, Jennifer Abruzzo, a Biden appointee serving a four-year term. ...more

FordHarrison

Kanye’s Wife’s Grammy Dress Provides a Lesson in Dress Codes

FordHarrison on

During the biggest night in music, the 2025 Grammy awards ceremony, Kanye’s wife, Bianca Censori, caused quite a commotion by walking the red carpet when she removed her coat to reveal . . . just about everything. Her dress,...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 3 of Trump 2: The Empire Strikes Back

Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more

Foley Hoag LLP

Trump Fires EEOC & NLRB Commissioners, Breaking with Precedent and Stalling Agency Actions

Foley Hoag LLP on

On January 27, 2025, President Donald Trump made sweeping and unprecedented changes to both the EEOC and NLRB, firing two of the three Democratic members of the EEOC, Commissioners Jocelyn Samuels and Charlotte Burrows, and...more

Blank Rome LLP

What Employers Need to Know About President Trump’s Removal of NLRB Member Gwynne Wilcox and Two EEOC Commissioners

Blank Rome LLP on

In a significant move, President Donald Trump has fired a member of the National Labor Relations Board (“NLRB” or “Board”) without reference to the statutory protections that typically shield Board members from being removed...more

Vinson & Elkins LLP

Unprecedented Moves: Early Employment and Labor Changes Following President Trump’s Inauguration

Vinson & Elkins LLP on

In the first ten days of his second term, President Trump has already made significant moves impacting the labor and employment landscape. Some actions were expected, while others are unprecedented. On January 27, 2025, as we...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 2 of Trump 2: Can he do that?

I've been asking this a lot lately. President Trump’s first week of his second term in office was action-packed, as I posted last week. If you thought things would slow down for Week 2, you were mistaken. You may remember...more

Littler

Former NLRB GC Abruzzo’s Parting Words on the Complementary Relationship between NLRA and EEOC Statutes

Littler on

On January 16, 2025, then-NLRB General Counsel Abruzzo issued Memorandum GC 25-04, Harmonization of the NLRA and EEO Laws. The memo responds to criticism from employers that NLRB decisions issued under the Biden...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Vinson & Elkins LLP

Five Predictions for President Trump’s Second Administration: Employment and Labor

Vinson & Elkins LLP on

Looking toward a second administration under President-elect Trump, we anticipate a shift toward more employer-friendly labor policies and away from interpretations of law that afforded more expansive protections to...more

Morgan Lewis

The Impact of the US Election on Labor and Employment Law

Morgan Lewis on

What might the labor and employment landscape look like in 2025 and beyond? Consistent with proposed policies and past actions of the first Trump administration, forthcoming changes by the Trump-Vance administration could...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

ArentFox Schiff

Post-Chevron Employment Law Regulations: What to Expect

ArentFox Schiff on

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Proskauer - Labor Relations Update

Proposed NLRB-EEOC Memo On Racially-Charge Picket Line Speech Paused Pending Hearing

As we’ve discussed previously (see here and here), the National Labor Relations Board (“NLRB”) has recently endeavored to work collaboratively with other federal agencies to combat workplace issues where multiple agencies may...more

Littler

Politics in the Workplace: What Employers Need to Know

Littler on

As the 2024 election approaches, protests continue across the country, and employees increasingly engage in discourse on important national and international political topics, employers can expect that political speech and...more

Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Constangy, Brooks, Smith & Prophete, LLP

It’s an election year. Be careful out there.

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Cooley LLP

10-Step Plan for Employers Using Artificial Intelligence in Employment Processes

Cooley LLP on

Artificial intelligence has transformed the way we live, work and even think. While AI offers seemingly endless potential benefits in the workplace – including improvements in efficiency, cost cutting and innovation –...more

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