Labor & Employment Developments Blog

Most employers understand that unfair labor practices during a union organizing campaign carry significant legal consequences. In recent years, the National Labor Relations Board (NLRB) had ordered employers who engaged in unfair labor practices to bargain with a union regardless of whether the union won the election. In a decision issued on March 6, 2026, the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) limited the NLRB’s ability issue such bargaining orders, rejecting the NLRB’s recently announced Cemex framework for ordering employers to recognize and bargain with unions.

Federal labor and employment standards continue to shift as agencies revisit rules issued over the past several years. For HR professionals, staying current on these developments is critical to managing compliance risk and workforce strategy.

As the new year begins, employers once again face a shifting labor and employment legal landscape. With Congress continuing to delay adoption of a comprehensive federal paid family and medical leave framework, states and local governments have accelerated their own efforts. In 2026, several state-mandated paid leave laws will take effect for the first time, while others will expand in scope, duration, or eligibility. For employers, particularly those operating in multiple jurisdictions, these developments increase compliance obligations, administrative complexity, and litigation risk.

Immigration enforcement by United States Immigration and Customs Enforcement (ICE) has recently increased. Taking a proactive approach could help employers prepare to face immigration enforcement actions, such as raids or I-9 audits, and mitigate employer risks. The first step is for employers to understand and familiarize themselves with the differences between ICE audits and raids.

Terminating an employee is often a long process involving warnings and documentation of performance issues. However, there are several scenarios that may call for immediate termination of employment. Employers often view these scenarios as safe from an employment law perspective but there can be hidden risks. 

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Avoiding illegal conduct is always a good strategy for avoiding employment litigation.  However, there are many legal things that employers and managers do that can also lead to litigation.

The third and final episode in the podcast mini-series - Termination Done Right - covers additional steps for employers to consider taking to minimize the damage in the event there is litigation over a termination decision.

Many employers are using or considering using smartphone apps for their employees.  In such cases, employees download an app that can be used for a variety of purposes, including employee engagement, communication, work assignments, route and delivery information and more. 

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. Employment at-will is the default rule in almost every state. Where did it come from, what does it mean and what does it do for employers today?