Compliance Stuff

If U.S. employment laws feel impossible to keep up with, you’re not imagining things. Between federal, state, and local laws and shifting agency guidance, even well-intentioned employers can find themselves in violation of labor and employment laws without realizing it. You probably can’t fix the system, but you  can  protect your business from unnecessary risk and expense. T he key is investing in prevention, empowering the right people, and acting decisively before small issues escalate. Why U.S. Employment Law Is So Complicated for Employers Now, if you’ll indulge me, let’s acknowledge the frustration. A very intelligent person once said: “The only thing worse than severe over-regulation is over-regulation that not only constantly proliferates but also changes every four years.” (Hint: It was me, just now.) The U.S. has become an over-regulated mess of employment laws at the federal, state and local levels thanks to politicians, lobbyists, and lawyers.  Lurking around ...

The National Labor Relations Board (“NLRB” or “Board”) has resumed operations after a prolonged period without a quorum, restoring its ability to decide cases and issue precedent . Yet the Board’s narrow composition, looming vacancies, and ongoing constitutional challenges mean that its renewed activity will emphasize case management and enforcement strategy rather than sweeping doctrinal change. A Quorum Restored, Temporarily For most of 2025, the NLRB lacked a quorum and was u nable to decide cases arising under the National Labor Relations Act . That changed on January 7, 2026, when President Trump’s nominees, James Murphy and Scott Mayer, were sworn in following Senate confirmation. They join Member David Prouty, a Biden appointee. The Board’s restored quorum, however, is short-lived. Member Prouty’s term expires in August 2026, after which the Board will again fall below the quorum required to issue decisions unless additional members are confirmed. Clearing the Backlog, Not Rewri...

  On February 14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden Administration. Cowen cited an unsustainable “backlog of cases” as the primary motivation for the rescission and shed light on his more measured prosecutorial intent, writing that “[t]he unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.” Cowen also signaled that he plans to publish new guidance to replace some of the rescinded policy memos and signaled that his office may completely abandon other Biden-era policy initiatives. The rescission memo is among the first public steps Cowen has taken since assuming the Acting GC role in early February. As we expected, it confirms that he plans to chart a different course for some of the most visible and controversial issues in labor law today. Background:  Under the ...

  President Donald Trump removed Democratic U.S. Equal Employment Opportunity (EEOC) commissioners Charlotte A. Burrows and Jocelyn Samuels and discharged EEOC general counsel Karla Gilbride. T he removal of the commissioners upends the Democratic voting majority on the EEOC . This development could potentially lead to the rescission of more of the EEOC guidance pertaining to gender identity, including portions of the EEOC’s Enforcement Guidance on Harassment in the Workplace, issued in April 2024 . Quick Hits President Trump removed two of the three Democratic commissioners on the EEOC . The removals leave the EEOC with two remaining commissioners and l ikely will lead to a Republican majority that will push the president’s agenda , including recent executive orders. The unprecedented action is likely to lead to legal challenges regarding the grounds for removing the EEOC commissioners. According to media reports, on January 28, 2025, Commissioners Burrows and Samuels said that th...