Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board. 

The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades. 

But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again. 

When do employers check work authorization, and how often can they? What do employers need to be looking for? And what industries are most affected? 

While the Trump v. Casa case may not have brought the clarity many in labor and employment law sought, it was simply a procedural move that limits jurisdiction, it’s not the final word. This gets confusing in a hurry as the labor and employment professionals grapple with protective status, refugees, temporary status, and workforce eligibility issues.

Hear insights from accomplished guests Jonathan Grode and Ingrid Nava into where shifting immigration policies may affect labor and employment law and what some of these decisions mean across the country and across labor sectors. In today’s uncertain times, it’s important to understand the limits of what employers can do, even when they are trying to do the right thing, as well as the rights of employees. Confused? You’re not alone.

Toni and Carolyn, representing employer and employee perspectives respectively, offer nuanced insights into how this decision impacts employers, managers, and employees alike. They discuss what the “some harm” standard means in practice, the effect on performance management and employee transfers, and why this ruling could open doors for new types of workplace discrimination claims. From shifts in workplace dynamics to the potential impact on DEI initiatives, this episode explores what business leaders, HR professionals, and employees need to know to navigate these new legal waters.

Eric and Joe share insights on the enforceability of non-competes, what constitutes a “protectable interest,” and how courts are viewing confidentiality agreements as potential de facto non-competes. They also discuss the practical implications for lawyers advising clients in today’s hybrid work environment, where remote work and state law differences create unique challenges. Whether you’re representing employers or employees, this episode provides crucial strategies and legal insights to help you navigate restrictive covenants effectively.

Eric Akira Tate is co-chair of the Global Employment and Labor Group, representing companies in trade secrets cases, internal investigations, employment litigation, and advising on compliance and employment aspects of mergers and acquisitions globally.

Erin and Anne also discuss recent trends, including why leveling the job before hiring is crucial, the impact of salary disclosure laws in states like Colorado and California, and how companies are adapting to increased pressure for fairness from both employees and shareholders. Together, they provide practical insights for navigating these changes, whether you’re an employer or employee. Plus, they touch on the growing influence of AI in hiring and compensation decisions and highlight what’s on the horizon for labor and employment law.

Erin M. Connell is Co-chair of Orrick’s EEO & OFCCP Compliance Group, representing employers in high-stakes employment litigation and leading in equal employment law, pay equity, and compliance.

Anne B. Shaver, a partner specializing in employment and antitrust class actions, represents certified classes of female employees in equal pay and gender discrimination cases against Google and Goldman Sachs, and workers impacted by no-poach agreements in fintech and franchise industries.

Rethink what you know about labor law and workplace fairness as you learn about new policies and groundbreaking case studies. Whether you’re an employer, an employee, or simply curious about the future of work, subscribe now and get ready to navigate the ever-evolving world of employment law with us.