Labor

Expert Analysis

• How 6th Circ. Tightened NLRB Injunction Standard

  

  The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

• Flashpoints In Focus: Handling Religious Objections To AI Use

  

  Pope Leo XIV's recent warning about artificial intelligence may increase requests for religious exemptions from workplace AI use, so employers must be prepared to understand the request's scope, determine whether the employee has a religious conflict and distinguish reasonable accommodations from undue hardship, say attorneys at Seyfarth.

• Using Past Tech Transitions As A Lens For Calif. Worker AI Bill

  

  Examining previous workplace automation battles reveals the goals of a California bill that would impose obligations on employers for layoffs and hiring cessations caused by artificial intelligence, and illustrates where it may prove difficult to administer and how to prepare for its enactment, say attorneys at Skadden.

• NIL Contracts Test Limits On College Football Transfers

  

  College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

• Flashpoints In Focus: Tips As EEOC Prioritizes Hiring Bias

  

  Two recent cases brought by the U.S. Equal Employment Opportunity Commission reflect its increased interest in recruiting and hiring bias claims, but employers can safeguard their business by finding quota alternatives, properly managing hiring statistics, and reviewing their vendor management and artificial intelligence governance, say attorneys at Seyfarth.

• Mindful Severance Clause Tips Before NLRB Rethinks Limits

  

  The National Labor Relations Board's recent decision in Prime Communications hinted that it may reconsider the legality of nondisparagement and confidentiality provisions in severance agreements, but with McLaren Macomb in effect for now, employers should consider whether such protections are necessary in every agreement, says Daniel Johns at Cozen O'Connor.

• Latest NLRB Pick Could Put 4 Key Rulings On Chopping Block

  

  If President Donald Trump's recent nominee for the National Labor Relations Board is confirmed, it would restore the board's critical three‑member majority and position it to begin revisiting Biden‑era decisions, including Cemex, Thryv and others, say attorneys at Proskauer.

• 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

  

  By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

• Flashpoints In Focus: Navigating EEOC's Religious Bias Push

  

  The U.S. Equal Employment Opportunity Commission has placed a heightened focus on religious accommodation requests, as illustrated by a recent suit and agency report, but with modest investments in time and planning, employers can reduce the chance of litigation and provide strong defenses against it, say attorneys at Seyfarth Shaw.

• Initial Virginia AG Actions Signal Focus On Multistate Efforts

  

  Now that Virginia Attorney General Jay Jones has reached the 100-day mark in office, his first set of actions reveals a clear preference for coalition with regional and national counterparts, which means the primary risk for businesses is no longer just the fact of enforcement, but the speed at which investigations can escalate, says Lauren Cooper at Hogan Lovells.

• How Calif. Safety Worker Pension Bill Could Cost Employers

  

  Public employers should carefully consider how pension costs and bargaining concerns could change under a California Legislature bill that would increase retirement benefits for safety employees like police and firefighters, which could erode previous efforts to fully fund the public retirement system without necessarily improving worker retention, says Michael Youril at Liebert Cassidy.

• Chicago Suits Highlight Struggle Over Piercing Corporate Veil

  

  A union's latest lawsuit against the owners of a storied Chicago bar and restaurant that closed in 2023 illustrates how doing business via a limited liability company does not necessarily protect owners' personal assets — but also that obtaining a judgment does not mean that collection is automatic, says James Trail at Ginsberg Jacobs.

• Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

  

  The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.