Compliance Stuff

The National Labor Relations Board (NLRB) just sued New York over its new labor law that attempts to regulate areas that the Board claims are “explicitly reserved for federal oversight. ” As more states consider measures to protect workers as federal labor regulation remains uncertain, the NLRB is making its stance clear through its September 12 lawsuit by arguing these types of measures are preempted by the National Labor Relations Act (NLRA). We’ll explain everything that employers and labor practitioners need to know. Quick Background For most of this year, the Board has lacked the three-member quorum it needs to adjudicate cases or set new legal precedent. (Get caught up by reading our prior insights  here ,  here , and  here ). On top of the quorum issue, a federal appeals court  recently halted the NLRB from prosecuting unfair labor practice complaints  as several courts hear constitutional challenges to the agency’s structure. In response, several states...

In the world of business , I’ve seen countless entrepreneurs and executives make decisions that were technically legal but strategically disastrous. The phrase “just because you can doesn’t mean you should” isn’t just philosophical wisdom—it’s practical business advice that can save your company from costly mistakes, damaged relationships, and long-term reputation harm. Too many business owners confuse what’s legally permissible with what is smart , and this confusion often leads to decisions that pass the legal test but fail the commonsense examination. Employment law provides some of the clearest examples of this principle in action. Yes, you can terminate an at-will employee for almost any reason that isn’t specifically prohibited by law. But firing someone, even if technically legal, sends a chilling message to your entire workforce and may trigger expensive investigations or wrongful termination claims. Similarly, you might have the contractual right to implement harsh discipli...

Here are the top ten items you should tackle in October 2025, based on the latest workplace law developments and upcoming critical compliance dates: _____ Learn what you can – and can’t – do about employee speech.  As employee expression spills into every corner of the modern workplace, employers are trying to figure out the best way to respond to off-duty social media rants, political debates in the workplace, dress code disputes, and other types of activity. Here’s our  employer guide to navigating employee speech in various scenarios . _____ Assess how the government shutdown impacts your operations.  The federal government officially shut down on October 1 after Congress failed to reach a spending agreement   by the deadline. How will the shutdown impact employers? Here are our  answers to your top questions . _____ Plan for big changes to the H-1B and other visa programs.  The Trump administration upended immigration and workforce strategies for many...

Seyfarth Synopsis:   While we viewed the EEOC’s Fiscal Year 2024 as “ sluggish ,” the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges, and a Democratic majority of Commissioners, suggesting a robust year of EEOC-initiated litigation was on the way. The EEOC’s fiscal year closed today , and what promised to be an watershed year was anything but.  The Trump Administration’s swiftly implemented leadership changes, budget cuts, and dramatic shift in priorities led to a roller-coaster for field staff and employers alike. Ultimately, the EEOC filed just 93 lawsuits in FY 2025, marking a ten-year low in Commission litigation activity. Despite a notable pullback in litigation activity, a close analysis of FY 2025 filings can help employers identify the EEOC’s priority areas and understand what to expect going forward. In previous administrations, the EEOC’s litigation arm was extraordinarily active, filing as many as 300 merit lawsuits in a given year. T...

Shutdown, again.  This advisory helps contractors manage operations during this period. First Step for Government Contractors and Companies Subject to US Export Controls. Contractors should closely monitor their customer and regulatory agencies’ websites for shutdown guidance, as agencies such as the Department of Defense (DoD), U.S. Department of Justice (DOJ), and others have already issued instructions. [1]  Each agency may have slightly different responses, so staying informed is crucial. Contractors should be particularly mindful of: (1) when contractors must halt work, (2) what work and costs are reimbursable during the shutdown, (3) cost-saving measures that comply with labor laws, and (4) impact of future administrative delays on commercial operations. What Stays Open? Essential Activities That Continue During a Government Shutdown. During a government shutdown, contractors must decide whether to continue work or stop. A shutdown does not automatically suspend contract...