Compliance Stuff

At a Glance AI presents both challenges and opportunities for labor-management relations. This article outlines some key labor positions on AI and offers practical guidance for employers navigating this evolving landscape. Artificial intelligence (AI) presents both a large opportunity for employers — and potentially a source of reputational risk — depending on how its adoption is handled. As AI transforms the workplace, unions are responding with a mix of concern, advocacy, and strategic adaptation. For employers—especially those in unionized environments—understanding these responses is essential to effective labor relations and for ensuring compliance with emerging legal and regulatory frameworks.    This article outlines some key labor positions on AI and offers practical guidance for employers navigating this evolving landscape. 1 “AI” here will refer to an emerging definition of “AI system,” set down in EU law and recently adapted in a proposed AI law for New York. The d...

The National Labor Relations Board once again lacks a quorum to issue decisions.  T he U.S. Court of Appeals for the D.C. Circuit granted the Trump Administration’s emergency request to stay a lower court’s decision reinstating Board Member Gwynne Wilcox.  Wilcox v. Trump, et al.,  No. 25-5057 (D.C. Cir. Mar. 28, 2025). In a 2-1 decision, the court majority ruled the Trump Administration is likely to demonstrate that President Donald Trump had authority to terminate Wilcox, finding the U.S. Supreme Court’s decision in  Seila Law,  591 U.S. 197 (2020), controlling . The court explained that while  Humphrey’s Executor,  295 U.S. 602 (1935), upheld the constitutionality of for-cause removal protections for federal agency leaders,  Seila Law  subsequently narrowed that decision as applying only to multimember agencies that “do not wield substantial executive power,” and thus is inapplicable to the Board. Wilcox filed a petition for en banc review...

  With two Board member vacancies open for incoming President Trump to fill with Republicans, the National Labor Relations Board is expected to shift to a 3 – 2 Republican majority.  The shift in Board composition will likely mean a return to more employer-friendly standards and rules. Yet, conditions for labor organizing and activism still seem strong and even likely to grow. Here’s what we know about the status quo and likely immediate and mid-range shifts. Takeaways Immediate changes at the NLRB are expected, including the appointment of a new GC. Many current GC memos will likely be rescinded. The expected NLRB Republican majority is anticipated to return to standards providing more consistency and predictability for employers .  Organizing activity is anticipated to continue rising.  Changes are expected in how unions are recognized, making it harder to unionize without an election. Immediate Changes to Expect Similar to President Biden’s termination of NLRB Ge...