Fifth Circuit Upholds Injunction Because NLRB Structure Is Likely Unconstitutional
On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint proceedings. The court held that the employers that obtained the injunctions will likely prevail on their arguments that multiple protections that stand in the way of the president’s removing NLRB administrative law judges (ALJs) and Board members violate the Constitution. This decision opens the door for other employers to seek similar injunctions to stop ongoing NLRB proceedings. Read More
California Supreme Court Issues Decision on Good-Faith Defense for Minimum Wage Violations and Enforcement of Paid Leave Obligations under HWHFA
In Iloff v. LaPaille, the California Supreme Court addressed when “liquidated” or double damages may be avoided by an employer for minimum wage violations and how employees can pursue paid leave claims under California’s Healthy Workplaces, Healthy Families Act (HWHFA), the statewide paid sick and safe time law. Read More
A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?
While recent U.S. laws have compelled employers to retreat from DEI measures, laws in jurisdictions outside the United States—such as in the E.U.—mandate employers lean into such measures. For global employers with both U.S. and non-U.S. workers, this policy divergence presents a conundrum. Straddling this divergence makes a “global” DEI approach almost impossible, and instead requires a careful strategic approach that ensures that “pro-DEI” local laws are complied with, while also not running afoul of the charge of “illegal DEI” under U.S. law. Read More
Executive Compensation – The Importance of Being Clear (Being Earnest May Not Be Relevant)
Most executive compensation arrangements are in the form of contractual documents. Even a form deferred compensation plan (or “top hat” plan) providing deferred compensation for a select group of management or highly compensated employees, while in legal terms is still an employee benefit plan for purposes of the Employee Retirement Income Security Act of 1974, as amended (ERISA), is still, in a very essential way, a contract or agreement between an employer and those employees designated as eligible for participation. “Wiggle room” for the administrator of a plan to interpret the meaning of the plan, and discretion retained by an employer to modify unilaterally the terms of a contractual document with an executive, may be helpful but may not go as far to protect the employer as the employer might like. Read More
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