United States: Employee Rights/ Labour Relations

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
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UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar In Major Post-Loper Bright Ruling
The D.C. Circuit has struck down the NLRB's successor-bar doctrine in a landmark post-Loper Bright decision, holding that the Board lacks statutory authority to prevent challenges to union representation after business acquisitions. This ruling marks a significant shift in how courts will review NLRB policy decisions without Chevron deference, potentially reshaping labor relations for successor employers. The decision raises critical questions about the future of other Board doctrines that may lack clear st
United States Employment
PR
Proskauer Rose LLP
Article
OSHA Recordkeeping Win For Employers: Fifth Circuit Rejects Requirement To Log Mental Health Conditions
A federal appeals court has ruled that OSHA overstepped its authority by mandating employers record mental health conditions like PTSD on workplace injury logs. The decision arose from a case involving a refinery worker diagnosed with PTSD after responding to a catastrophic explosion, raising fundamental questions about the scope of workplace safety recordkeeping requirements.
United States Employment
JW
Jones Walker
Article
EEOC Proposes To Rescind All EEO Reporting And Recordkeeping Requirements
The U.S. Equal Employment Opportunity Commission has voted to approve a proposed rule that would eliminate decades-old demographic reporting requirements, including the EEO-1 Form that private employers with 100 or more employees have been required to file. This proposal raises critical questions about whether employers should continue collecting workforce demographic data voluntarily, and how state-level reporting requirements may evolve to fill the potential federal gap.
United States Employment
LM
Littler Mendelson
Article
File First, Pay Later: XAI’s Dismissal, Apple’s New Complaint, And The Potential Cost Of Getting It Wrong
Two recent trade secret lawsuits against OpenAI reveal the critical difference between viable and dismissible claims under the Defend Trade Secrets Act. While xAI's case was dismissed and now faces a million-dollar fee demand, Apple's complaint demonstrates how to properly plead active acquisition, documented knowledge, and directed exfiltration in talent-raiding disputes.
United States IP
BR
Beck Reed Riden
Article
NLRB Advice Memo Concludes Noncompete Agreements Do Not Violate The National Labor Relations Act
The National Labor Relations Board's Division of Advice has reversed course on noncompete agreements, departing from the Biden administration's 2023 position that such agreements may violate the National Labor Relations Act. In a June 2026 advice memorandum, the NLRB concluded that noncompete agreements do not generally impact employees' Section 7 rights, recommending dismissal of charges filed by former employees who joined a competitor.
United States Employment
FL
Foley & Lardner
Article
Lightning Round: What The Supreme Court’s Latest Rulings Mean For Employers (Podcast)
Crowell's Rebecca Springer and Katie Erno analyze the U.S. Supreme Court's recent rulings in Trump v. Slaughter and West Virginia v. BPJ, examining their implications for workplace policies and employer obligations. This Lightning Round episode delivers essential insights into how these landmark decisions will shape employment law practices moving forward.
United States Employment
CM
Crowell & Moring LLP
Video
The Class Action Weekly Wire – Episode 156: Mid-Year Class Certification Review & Analysis (Video)
Duane Morris partners Jerry Maatman and Jennifer Riley analyze class certification data from the first half of 2026, revealing a notable decline in plaintiff success rates compared to previous years. The discussion explores how certification outcomes vary dramatically by subject matter and geographic location, with particular focus on FLSA conditional certification trends and strategic venue selection by plaintiffs.
United States Litigation
DM
Duane Morris LLP
Article
Second Circuit Limits Union Authority To Bind Former Employees To Later-Negotiated Arbitration Agreement
A recent Second Circuit decision reveals a critical limitation in collective bargaining arbitration provisions: former employees who left the bargaining unit before an ADR provision was negotiated cannot be compelled to arbitrate their statutory wage claims. The ruling in 1199 SEIU United Healthcare Workers East v. PSC Community Services allows these former workers to pursue litigation despite a union-negotiated arbitration agreement that addressed similar allegations. This decision has significant implicat
United States Employment
LM
Littler Mendelson
Article
Illinois Expands Pay Transparency Rules: New Definitions, Broader Reach, And Steeper Penalties For Employers
Illinois has significantly expanded its pay transparency requirements through comprehensive amendments to administrative rules, introducing new definitions for benefits and pay scale, stricter recordkeeping mandates, broader jurisdictional reach covering remote workers, and an aggressive tiered penalty structure that escalates to $10,000 for repeat violations. Employers with Illinois connections must now navigate complex compliance obligations that extend beyond traditional workplace boundaries.
United States Employment
CM
Crowell & Moring LLP
Article
California Wage & Hour Bootcamp Returns This September: Practical Guidance For Employers, HR Professionals & Business Leaders
California employment laws continue to evolve, making it more important than ever for employers to stay informed and proactive. TLD Law's California Wage & Hour Bootcamp returns with updated content designed to address today's employment law landscape, helping businesses navigate wage and hour claims, PAGA actions, and compliance issues.
United States Employment
TLD Law
Article
EEOC Rescinds Longstanding Affirmative Action Guidance, Signaling Increased Scrutiny Of Voluntary DEI And Affirmative Action Programs
The EEOC has rescinded decades-old guidance on voluntary affirmative action under Title VII, removing the administrative framework employers relied upon to evaluate diversity programs. This development raises critical questions about the future of workplace DEI initiatives and signals heightened scrutiny of employment practices that consider protected characteristics in decision-making.
United States Employment
BL
Butzel Long
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