Hunton Employment & Labor Perspectives

On May 5, 2025, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB” or the “Board”) ruled that retailer Costco Wholesale Corp. (“Costco”) violated the National Labor Relations Act (“NLRA” or the “Act”) when it asked employees involved in an internal investigation regarding sexual harassment allegations to sign a confidentiality agreement prohibiting them from discussing details concerning the investigation.

Recently, the California Civil Rights Council, which is the arm of the California Civil Rights Department that is responsible for promulgating regulations, voted to approve final “Employment Regulations Regarding Automated-Decision Systems” (“Regulations”).

The U.S. Department of Labor’s Wage and Hour Division will stop enforcing the prior administration’s rule to determine whether workers are “independent contractors” or “employees” under federal wage-and-hour laws.

In the past, employees recording audio or images in the workplace might resort to use of a bulky tape recorder or a hidden “wire” or camera.  Now that smart phones with professional-grade audio and video capabilities are an integral part of our society, clandestine (or blatant) workplace recordings are much more easily accomplished.

On April 23, 2025, the Administration issued a new Executive Order entitled "Restoring Equality of Opportunity and Meritocracy" along with an accompanying fact sheet. The Executive Order shifts how the federal government approaches civil rights enforcement and how it will analyze allegations of discrimination.

We are about 100 days into President Donald Trump’s second term, and there remain many open questions at the National Labor Relations Board (“Board” or NLRB). Most significantly, the Board currently lacks a quorum to take meaningful action, and many leadership roles remain open.

The 2024 EEO-1 Component 1 data collection process is expected to move forward, based on documentation submitted to the White House Office of Management and Budget (OMB) for approval.

Employees in the Office of Federal Contract Compliance Programs (OFCCP) across the country have been placed on administrative leave. The move is part of the Administration’s broader federal workforce reduction efforts.

Join us for an in-depth examination of the current landscape of business immigration as we analyze business immigration trends 100 days into the new administration. This webinar will provide participants with critical insights into executive orders, trends in USCIS petitions, consular processing and travel restrictions, enabling businesses and professionals to navigate the changing environment effectively.

Effective July 1, 2025, Virginia has amended its non-compete law to prohibit employers from entering into non-competition agreements with non-exempt employees.