Employment Law Report

The National Labor Relations Board’s latest decision on Lion Elastomers LLC could have significant implications for employers managing employee misconduct that occurs during protected union or concerted activity. In a September 23, 2026 decision, the Board held that it must apply the standard established in General Motors LLC and remand the ...

By: Daniel Burke and Briana Blair

As anxiety, depression, PTSD, and other mental health conditions increasingly affect the workplace, HR leaders face a difficult balancing act: supporting employees who are dealing with such mental health challenges while navigating overlapping obligations under the Americans with Disabilities Act (ADA ...

New duties-based standard changes the tipped-employee analysis and carries implications for tip credits and tip pools.

Effective April 10, 2026, Kentucky changed its definition of a “tipped employee”. Kentucky replaced a money-based test with additional duties standards that look at what the employee actually does. Under the prior ...

In an important ruling for businesses seeking to acquire a unionized entity, the Court of Appeals for the District of Columbia recently held that the National Labor Relations Board’s (NLRB) longstanding "successor bar" doctrine is unlawful because it compels a successor employer to recognize and bargain with an incumbent union for up to one year ...