Labor & Employment Law Update

A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its authority when it created a new framework for issuing bargaining orders in Cemex Construction Materials Pacific, LLC. For employers in the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee), this ruling limits the NLRB’s ability to impose bargaining orders under the Cemex standard.

In our latest national state law update, we review state laws that have gone into effect or were enacted in 2026. Below is a non-exhaustive summary of major state laws that have gone into effect so far in 2026. Employers should be mindful of and continue to follow their state and local laws.

A proposed rule from the U.S. Department of Labor (“DOL”), published Feb. 26, could once again change how employers classify workers as employees or as independent contractors. With the constantly shifting tests and rules, every change, including the presently proposed DOL rule, creates the risk of mistakes that may expose businesses to audits, investigations, and lawsuits, potentially resulting in years of back pay and liquidated damages liability.

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so imposes undue hardship, remains a critical employer obligation. Despite decades of established guidance, ADA accommodation issues continue to drive a significant volume of claims and enforcement actions from the Equal Employment Opportunity Commission (EEOC) and state agencies. These disputes often arise not because employers refuse or are unable to provide accommodation, but because they mismanage the process or overlook key compliance steps.

Despite a new administration in D.C. and a push by the executive branch to reign in federal worker unions, the U.S. Bureau of Labor Statistics finally released figures showing that the percentage amongst all U.S. workers who were part of a labor union ticked up ever so slightly from 9.9 percent in 2024, to 10 percent in 2025. With respect to the private workforce, that percentage held at 5.9 percent (same as 2024).

The Americans with Disabilities Act (ADA) prohibits discrimination and guarantees persons with disabilities have equal access to purchase goods and services. Title II of the ADA governs places of “public accommodation,” which includes residential home builders sales offices. Although single family and model homes are not considered places of public accommodation, ADA complexities arise when home builders use some or part of a model home as a sales office.

In these common situations, Title II may apply, triggering accessibility requirements. Residential builders should consider how to minimize compliance costs and operational disruptions while meeting ADA obligations when using a model home to conduct sales activity.

Join labor & employment partners Ann Hanneman and Stephanie Cantrell for a practical Breakfast Briefing focused on preventing retaliation and discrimination claims before they arise. This session will provide employers with guidance on identifying risk areas, responding appropriately to employee complaints, and implementing best practices that reduce exposure.

There is a growing circuit split between the Third and Fifth circuits over whether employers can block National Labor Relations Board (NLRB) proceedings while raising constitutional challenges. The disagreement centers on the Norris-LaGuardia Act (NLGA), a nearly century-old law designed to keep federal courts out of labor disputes, which is driving one of the biggest fights in labor and employment law at the moment. With two circuits now at odds, Supreme Court review is increasingly likely and the question is deceptively simple: Can a federal court order the NLRB to stop its proceedings while a lawsuit challenging the Board’s constitutionality plays?

A new wave of litigation under the Illinois Biometric Information Privacy Act (BIPA) has emerged, zeroing in on a technology many employers now routinely use: AI-powered meeting transcription and note-taking tools. In recent months, plaintiffs have filed class actions alleging that vendors like Fireflies.AI collect and store “voiceprints”—unique biometric identifiers derived from speech—without providing the written notice, informed consent, or transparent retention and destruction policies BIPA demands.

JPMorgan Chase, BlackRock, and Charles Schwab have already announced they will match the federal government’s $1,000 seed contribution to Trump accounts for their employees’ children. But for most employers, the question is whether the regulatory landscape is clear enough to make an informed decision.