Background The National Labor Relations Board (“NLRB” or the “Board”) issued a significant decision on September 23, 2026, that signals yet another shift in the ongoing tug-of-war over how the agency handles employee misconduct that occurs during union or other...
Federal Court Finds Employer Failed to Appreciate the Gravity of Employee’s Lunar Moon Religious Observation (US)
A recent decision from the U.S. District Court for the Middle District of Pennsylvania, Johnson v. York Academy Regional Charter School, reminds employers of their obligation to meaningfully participate in the process of identifying reasonable accommodation of their...
The Dedicated Employee: Volunteering and German Employment Law
According to the 2024 German Volunteer Survey (Deutscher Freiwilligensurvey 2024), around 27 million people in Germany volunteer—from political campaigns and the volunteer fire service to emergency response, the Federal Technical Relief Agency (Technisches Hilfswerk...
Responding to an Overdose Emergency at Work: OSHA’s New Guidance
On September 24, 2026, the U.S. Occupational and Health Administration (OSHA) released guidance concerning how employers can be prepared for opioid overdoses in the workplace. Quick Hits On September 24, 2026, OSHA issued a fact sheet that includes tips for being...
What NOT to Do When Firing an Employee Who has Accused the Employer of Unlawful Discrimination
The United States Court of Appeals for the First Circuit, just last month, issued an opinion in an employment case that illustrates, with unusual clarity, how an employer can shoot itself in the foot by saying and doing things in the course of dismissing an employee...
California Expands What Is Covered by Paid Family Leave Benefits
California has passed Assembly Bill (AB) 2054, which expands the definition of “covered active duty” under Section 3302.1 of the Unemployment Insurance Code for purposes of eligibility for Paid Family Leave (PFL) benefits from the state. Under existing law, “covered...
NLRB Returns to Employer-Friendly Standard for Evaluating Discipline for Employee Workplace Misconduct (US)
On September 23, 2026, the National Labor Relations Board (NLRB or Board) delivered welcome news to employers when it clarified the controlling framework for deciding whether an employee’s abusive conduct loses the protection of the National Labor Relations Act...
NLRB Eases Path to Discipline Employees for Offensive Workplace Conduct Tied to Section 7 Activity
The National Labor Relations Board (“NLRB” or “Board”) this week confirmed that the Wright Line standard remains binding precedent for employers navigating discipline of employees for offensive conduct during otherwise protected Section 7 activity. This case brings...
The First Domino Falls: New NLRB Majority Begins Dismantling Biden-Era Precedents
After the National Labor Relations Board (NLRB or the Board) finally re-established a quorum with the installation of a Trump-appointed majority, many observers have been expecting the current iteration of the NLRB to overturn several precedents from the Biden...
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