Hunton Employment & Labor Perspectives

The National Labor Relations Board’s 2023 decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (Aug. 25, 2023), significantly altered the union-recognition landscape by making it easier for the Board to impose bargaining orders after alleged employer misconduct during organizing campaigns, departing from the more demanding framework that had previously governed for more than 50 years. Recent decisions from the Sixth and Ninth Circuit Courts of Appeals have now put Cemex squarely in the spotlight—rejecting it in one case, sidestepping it in another, and leaving employers nationwide with continued uncertainty over how to navigate an unsettled union-election landscape.

The Fourth Circuit recently issued a significant ruling in Thomas v. EOTech, LLC, holding that private employers cannot contractually "speed up" the expiration of the time limit to seek federal administrative and judicial redress under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (“ADEA”).

The Ninth Circuit recently addressed a significant question for employers: can employees rely on rulings denying arbitration in other cases to avoid arbitration under their own agreements?

In O’Dell v. Aya Healthcare Services, Inc., the court answered no.

Please join Hunton’s Immigration attorneys as they provide a comprehensive overview of US business immigration in 2026.  We will delve into key policy updates, visa program changes, and enforcement trends affecting employers.  Our panel will provide practical guidance on navigating compliance and adapting to the latest challenges in immigration.

On April 13, 2026, Governor Abigail Spanberger signed two bills further restricting Virginia employers from entering into non‑compete agreements.  Both bills go into effect on July 1, 2026.  A third bill was returned to the House of Delegates with minimal changes from the Governor.

Without fanfare or formal announcement, U.S. Immigration and Customs Enforcement recently implemented a policy shift that will materially increase fine amounts that U.S. employers potentially face during I-9 audits.

On March 4, 2026, Virginia Senate Bill 170 (SB170) passed the House of Delegates after unanimous approval by the Senate.  SB170 now awaits signature by Governor Abigail Spanberger, who has until April 13, 2026 to act.  If signed, the law will go into effect on July 1, 2026, and forms part of Virginia’s broader effort to limit the application and enforceability of non-compete agreements.

SB 574 is a California bill that would set specific duties for attorneys who use generative artificial intelligence and would restrict how arbitrators may use such tools in decision-making. It would amend provisions in the Business and Professions Code and the Code of Civil Procedure to address confidentiality, accuracy, bias, and citation verification for attorneys, and to prohibit delegation of arbitral decision-making to AI while adding disclosure and responsibility requirements for arbitrators.

In 2026, New York state and city have enacted a number of new laws impacting employers and there are other labor and employment law developments on the horizon. Please join Hunton’s New York labor and employment lawyers, Chris Pardo and James La Rocca, as they discuss new and evolving legislation and other important legal developments affecting employers.

On February 6, 2026, the California Labor and Workforce Development Agency (“LWDA”) provided a Notice of Proposed Rulemaking (“Notice”) to adopt new Private Attorneys General Act (“PAGA”) regulations intended to supplement the legislative reforms to PAGA in 2024. The proposed rulemaking, in its current form, is great news for employers that have been inundated with frivolous PAGA filings.