In April of last year, the Supreme Court held that employees alleging discrimination under Title VII only need to show “some harm” to the terms and conditions of their employment in order to prove that they suffered an adverse employment action, unanimously rejecting the heightened “significant harm” standard followed previously by many lower courts. The
A new California law is the latest litigation target of the National Labor Relations Board (“NLRB”). Signed into law in September, Assembly Bill 288 amended California labor law to allow the state’s labor board to certify unions and resolve labor disputes in the private sector when the NLRB “expressly or impliedly ceded jurisdiction.”
When, exactly
As of October 30, 2025, the U.S. Department of Homeland Security (DHS) is eliminating the automatic extension of work authorization benefits for those renewing an Employment Authorization Document (EAD) in eligible categories. For many foreign nationals in the United States, the ability to work is dependent upon U.S. Citizenship and Immigration Services (USCIS) approving an
New Jersey’s labor peace agreement mandate found in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (“CREAMM”) Act is the latest target for lawsuit.
Under the CREAMM Act, a cannabis company must enter a labor peace agreement with a “bona fide labor organization” as a precondition for licensure. This is not a unique feature of cannabis
On September 24, 2025, U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that aims to change the H-1B cap lottery selection process to a weighted entry system that would increase the chances of selection for higher paid workers (that is, higher paid in relation to others in similar occupations in
We’re excited to launch Season 4 of Shipman’s From Lawyer to Employer podcast, where host Dan Schwartzhighlights the latest labor and employment law developments and their impact on the workplace. The first episode recaps trends employers should be watching this fall, from unusual patterns in EEOC complaints to shifting severance negotiations, new leave law coverage for schools, and
The U.S. Department of Labor (DOL) has announced a new initiative (“Project Firewall”) to enhance, and likely increase the overall number of, investigations for H-1B program compliance. While we do not have any more specific information at this time, employers with any sponsored H-1B workers should be aware of the increased risk of a site
The National Labor Relations Act (“NLRA”) governs private sector labor relations in the United States. If there is a labor dispute between a private sector employer and an employee, then the National Labor Relations Board typically has jurisdiction – at least, that’s how it’s been until early September.
Recently, states have sought to challenge the
wo recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While courts previously granted administrative agencies such as the NLRB deference in their decision making, also known as Chevron deference, under Loper Bright, that deference is no longer guaranteed. Since the decision, employers have been patiently waiting to see what impact, if any, that ruling will have on the actions of the NLRB.
Last week, two circuits heard arguments that may reshape employer obligations and highlight the new era of judicial scrutiny of NLRB action.
Continue Reading Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?
Yesterday, we published an expanded analysis on our CT School Law blog covering significant changes coming to Connecticut’s leave laws that will impact independent schools this fall. The post, “Connecticut Independent Schools Face Major Leave Law Changes This Fall,” provides essential guidance that every independent school administrator should read immediately.
New Requirements for