Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. Senate Passes Partial DHS Funding Legislation; House Rejects It; DHS Shutdown Continues   After a shutdown lasting over a month (41 days) at the Department of Homeland Security (DHS) and ensuing failed negotiations in the Senate to reach consensus on legislation to fund the Department over demands for reforms to immigration enforcement, the Senate finally voted early this morning to pass a bill to partially fund the DHS. The deal funds most of DHS except for Immigration and Customs Enforcement and Customs and Border Patrol. The legislation shifted over to the House for consideration where it was rejected this afternoon by House conservatives who want full-year ICE and CBP funding, plus voter-ID requirements added to the bill. Moments later, amid mounting TSA pressures and long...

Similar to many changes in administration, the 2025 labor and employment landscape was defined by fragmentation followed by realignment . Federal agency authority faced significant constitutional challenges, while states and cities accelerated their own legislation on pay transparency, paid leave, and hiring practices. This year-end update provides insight into the most consequential developments for employers, focusing on the National Labor Relations Board’s (NLRB) shifting authority, new standards for employer liability, heightened scrutiny of artificial intelligence (AI), and a wave of new state and local mandates. Employers with multijurisdictional footprints should address these changes to refine and update compliance roadmaps for 2026. NLRB Authority and Leadership in Flux A divided D.C. Circuit panel held in Wilcox v. Trump, et al. , No. 25-5057 (D.C. Cir. Dec. 5, 2025) that statutory “for-cause” removal protections for NLRB members are unconstitutional because the Board exerci...

In an opinion issued on May 15, 2025, the State of New York Tax Appeals Tribunal, the highest administrative forum for state tax appeals, upheld the application of the state’s income tax “convenience rule” imposing New York tax on wages earned by a New York City law school professor while he worked from his Connecticut residence before and during the COVID pandemic. The petitions had been filed by taxpayers Edward A. and Doris Zelinksy.  An appeal of this decision to a New York appellate court is expected.  The opinion affirms the November 30, 2023 determination of an Administrative Law Judge (“ALJ”) in the case. It accepts most of the ALJ’s reasoning while providing its own rationale on the constitutional and state law issues that will serve as guidance to the New York Department of Taxation and Finance and to New York-based employers with remote or hybrid nonresident employees working all or part-time in other states.  The Department’s current administrative position on...

At a Glance The Third Circuit affirmed the NLRB’s application of a totality of the evidence test and overruling of  Alstate Maintenance LLC  in finding that a single employee’s conduct was protected concerted activity (PCA). While the Third Circuit found the PCA to be a motivating factor in the employee’s dismissal, the court determined that the administrative law judge and Board failed to analyze certain evidence bearing on the employer’s affirmative defense that it would have taken the same action absent the employee’s PCA. On June 23, 2025, in  Miller Plastic Products Inc. v. National Labor Relations Board , the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected concerted activity (PCA) and a motivating factor for his termination . In doing so, the court affirmed the Biden Board’s overruling of  Alstate Maintenance LLC  and expansion of the analysis of whether a single employee’s co...

At a Glance Connecticut Supreme Court holds that Workers’ Compensation Act does not require conversion of temporary benefits to permanent benefits after a claimant has reached maximum medical improvement. Administrative law judges can continue temporary disability benefits in lieu of awarding permanent disability benefits. Employer groups call upon the legislature to override the decision, which they claim could have a devastating impact on insurance rates.  The Connecticut Supreme Court recently ruled in  Gardner v. Department of Mental Health and Addiction Services 1  that workers’ compensation a dministrative law judges (ALJs) can award ongoing temporary partial disability (TPD) benefits to claimants who reach maximum medical improvement (MMI), rather than require conversion of TPD benefits to permanent partial disability (PPD) benefits. The ruling upends decades of decisions to the contrary and significantly shifts the interplay between temporary and permanent workers...

  April marks Workplace Violence Awareness Month, a time dedicated to emphasizing the risks of workplace violence and necessary steps for prevention . This month serves as a crucial opportunity for employers to reassess their workplace violence policies, ensure compliance with evolving laws and regulations, and minimize liability. All employers should be mindful of the Occupational Safety and Health Act’s (“OSH Act”) General Duty Clause. The OSH Act generally requires that employers implement sufficient safeguards to protect the health and safety of employees from recognized workplace hazards. The General Duty Clause requires that employers identify and assess safety risks, including those related to workplace violence, and implement proactive measures to prevent accidents and injuries. Failure to meet these obligations can result in legal consequences and citations issued by the Occupational Safety and Health Administration (“OSHA”). Recently, an Administrative Law Judge (“ALJ”...

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights to engage in concerted activity protected by Section 7 of the National Labor Relations Act (NLRA or the Act). While the Trump Board relaxed such scrutiny, the Biden Board has returned to the approach taken Obama era with a vengeance. A recent decision from an administrative law judge (ALJ) for the Board highlights the NLRB’s aggressive stance of invalidating employers’ workplace rules if they result in any potential infringement on an employee’s concerted activity. Starbucks Corp. v. Workers United, Case 28-CA-289622, slip op. (ALJ June 7, 2024) , arises out of a union’s attempt to organize Starbucks employees and the company’s termination of several employees and other alleged unfair labor practices occurring at several Phoenix-area stores in order to curb union ...