Labor & Employment Law Update

Despite head-turning decisions issued in recent years by the National Labor Relations Board designed to help labor unions in their organizing efforts, a concentrated government push towards union-only Project Labor Agreements—and many state legislatures passing laws intended to limit an employer’s right to even discuss the good, bad, and ugly of union membership—the union membership rate dropped in 2024 to another all-time low. 

President Trump has ousted National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago. Trump also fired NLRB member Gwynne Wilcox, an unprecedented removal that leaves the five-seat board with only two members, depriving it of a quorum and therefore currently unable to decide cases. So, what does this all mean for employers?

Artificial intelligence (AI) is everywhere these days, including your workplace. While there is no one-size-fits-all AI policy that will work for every company, here are our general thoughts about how employers can constructively manage the use of AI.

On the heels of ordering federal diversity, equity, and inclusion (DEI) employees to be placed on paid leave, on January 21, 2025, President Trump revoked executive Orders (“EO”) 11246 and 13672.

EO 11246 was established in 1965 to require certain government contractors to protect women and minorities with affirmative action efforts and programs. EO 13672, established in 2014, prohibited contractors from discriminating against workers based upon sexual orientation and gender identity.

There are many questions surrounding potential U.S. Immigration and Customs Enforcement (ICE) raids impacting the workplace, as well as a heightened prospect of being contacted by the Homeland Security Investigations (HSI) division of the Department of Homeland Security (DHS) to inspect work authorization documents.  Employers need to understand that an ICE raid is much different than a typical HSI Form I-9 audit. 

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators with legitimate questions about how those schemes interact with the federal Family and Medical Leave Act (FMLA).

Recently released guidance from the United States Department of Labor (DOL), in the form of an opinion letter, attempts to resolve many of those questions.

Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements.

The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides stability for employers and employees alike. The rule’s implementation coincides with the start of a new administration, adding potential uncertainty.

If you are concerned your company’s innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying valuable inventions and taking steps to pursue patents, your company can gain a competitive edge.

On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering Starbucks to pay damages beyond what it unlawfully withheld (reinstatement, lost wages, and lost benefits) from two unlawfully terminated employees.

New minimum wage increases impacting employers went into effect on Jan. 1, 2025. Summaries of new minimum wages in various jurisdictions are summarized below.