On October 28, 2025, the 9th Circuit Court of Appeals rejected challenges to the constitutionality of the National Labor Relations Board (“NLRB”). This ruling stands contrary to the 5th Circuit Court of Appeals’ ruling from August 19, 2025, which upheld similar challenges to the constitutionality of the NLRB.
Written by Lillie Stivers
The Case: Patterson v. Kent State University
Employee social media activity continues to be a lightning rod for workplace controversy and legal scrutiny. A recent decision from the Sixth Circuit Court of Appeals offers a compelling reminder that while employees have the right to speak, employers also have the right to ...
The American Immigration Lawyers Association (AILA) recently released a flyer regarding Deferred Action for Childhood Arrivals (DACA). The flyer includes information regarding DACA renewal, application for permission to travel internationally, and the current status of the DACA program. The AILA flyer is available here.
If you have ...
When employers are faced with the difficult decision of whether it is time to downsize, it is important to remember that advance notice may be required under the federal Worker Adjustment and Retraining Notification (WARN) Act. Over 20 states have adopted “mini” WARN Acts or similar statutes that create state-specific requirements that must ...
The Department of Labor (“DOL”) accepts and responds to letters from employees and businesses alike, providing guidance about how federal labor laws apply to everyday employment issues. Although these letters are based on real scenarios, they set forth principles applicable to any entity subject to the DOL’s oversight, especially as ...
On October 7, 2025, the United States Senate confirmed President Trump’s nomination of Brittany Panuccio to the Equal Employment Opportunity Commission (EEOC). Panuccio’s confirmation restores a quorum to the agency, giving it the ability to begin implementing policy changes. Changes are expected to the Pregnant Workers Fairness Act ...
On September 19, 2025, President Trump signed a Presidential Proclamation requiring an additional $100,000 fee for H-1B visa petitions. This is a drastic increase on the typical fees associated with H-1B visas. This concerning news has caused a large amount of confusion. The White House, U.S Citizenship and Immigration Services ...
At the annual Kentucky Society of Human Resources Management conference held in Lexington, Mitzi Wyrick, Tyson Gorman, Brandon Girdley, Lillie Stivers, Drayden Burton, and Angie Thompson conducted a 2-part mock trial on August 28, 2025. Following abbreviated opening and closing statements and testimony from 2 witnesses, the jurors ...
Written by Isaac K. Keller
Effective July 1, 2025, Indiana’s Senate Bill 409 (SB 409) introduced a new employment protection: employees may take one unpaid, job-protected leave per calendar year to attend specified school-related meetings for their child—without fear of adverse employment action. Indiana joins roughly a dozen other ...
Written by Tyson Gorman with the assistance of Drayden Burton
FTC Issues Noncompete Warning Letters to Healthcare Employers and Staffing Companies
On September 10, 2025, the Federal Trade Commission (“FTC”) sent letters to several large healthcare employers and staffing firms instructing them to review their employment agreements to ...