Hunton Employment & Labor Perspectives

Trucking Business Avoids WARN Act Liability as a “Faltering Company”

J. Marshall Horton, Holly H. Williamson — Tue, 28 Jul 2026 09:00:01 -0400

The federal Worker Adjustment and Retraining Notification Act (“WARN Act”) was enacted in 1988 to help protect employees, their families, and communities from the sudden and potentially severe impact of large-scale company closures and layoffs.

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Supreme Court Overrules Humphrey’s Executor, Expanding Presidential Removal Power

Kurt G. Larkin, Michelle Meyer — Mon, 20 Jul 2026 09:00:02 -0400

On June 29, 2026, the Supreme Court of the United States issued a landmark decision overruling a 90-year-old Supreme Court precedent and significantly expanding presidential power to remove members of independent agencies. In Trump v. Slaughter, No. 25-332, the Supreme Court held that the “for-cause” removal protections applicable to commissioners of the Federal Trade Commission (FTC) are unconstitutional and inconsistent with the separation of powers doctrine. Although the Supreme Court’s decision concerned FTC commissioners, its reasoning is likely to have broader consequences for other multimember agencies whose leaders have traditionally been protected from at-will removal. For employers, the most immediate implications may be at agencies such as the National Labor Relations Board (NLRB), where changes in leadership could now occur more quickly and bring faster shifts in enforcement priorities, regulatory policy, and litigation risk.

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Joint Employer Not Required: New Theories of Supply-Chain Liability

Joseph Anthony Turzi — Thu, 16 Jul 2026 09:00:03 -0400

Joint-employer liability has long fallen short of what unions and labor advocates seek: direct liability for manufacturers, contractors, and brands, which they view as necessary to drive meaningful change. In recent years, activists have adopted a layered litigation strategy, invoking laws unrelated to employment, including consumer protection, unfair competition, and anti-trafficking statutes in the United States and abroad, to impose liability on upstream entities for the conduct of downstream employers. These theories rely on independent statutory duties arising from the company’s own conduct, representations, or knowledge. The focus shifts from who controls workers to who benefits from the alleged mistreatment.

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What Employers Need to Know About the Proposed Faster Labor Contracts Act

Robert T. Quackenboss, Mary Stoney — Tue, 30 Jun 2026 09:00:04 -0400

On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act, H.R. 5408. The bill now moves to the Senate. If enacted and signed into law, it could significantly change how employers negotiate first collective bargaining agreements with newly recognized unions, by replacing today’s open-ended process under the National Labor Relations Act with an expedited framework that could end in binding arbitration.

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New York Restricts Employers’ Use Of Consumer Credit History In Employment Decisions

Robert T. Quackenboss, Maxine Peskens — Thu, 11 Jun 2026 09:00:05 -0400

Effective April 18, 2026, New York amended its General Business Law to limit employers’ use of a person’s consumer credit history in certain hiring and employment decisions. In doing so, New York State builds on the precedent set by New York City and several other states with similar laws.

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Webinar Invite – 2026 Virginia Employment Law Update: New Laws Every Company Needs to Know

Hunton — Mon, 01 Jun 2026 09:00:06 -0400

Virginia has enacted a wave of significant employment laws that will affect employers throughout 2026 and beyond.

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The Next Legal Trend in Job Posting Requirements: Pay Transparency Makes Way for Hiring Transparency

Holly H. Williamson, Karen Jennings Evans — Thu, 28 May 2026 09:00:07 -0400

Over the last few years, employers adjusted to an expanding patchwork of pay transparency laws requiring salary ranges in job postings. Now, lawmakers are moving beyond requiring compensation disclosures and into the next phase of hiring transparency regulation: “ghost jobs” and artificial intelligence disclosures.

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DOL Proposes New Rule Covering Vertical and Horizontal Joint Employer Relationships

Hunton — Wed, 20 May 2026 09:00:08 -0400

We recently published an update to Hunton’s Retail Law Resource regarding the U.S. Department of Labor proposed rule that would create a uniform standard for determining joint employer status under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act.  The proposed rule has significant implications for employers who share workers or rely on contractors, because a joint-employment finding may expand liability to multiple employers for wage-and-hour violations, leave obligations, and other statutory compliance issues.  

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New York WARN Act: No AI-Related Layoffs Reported in First Year of Adding AI-Related Disclosure to the System

Robert T. Quackenboss, Michelle Meyer — Mon, 18 May 2026 09:00:09 -0400

In 2025, the New York Department of Labor updated the state’s Worker Adjustment and Retraining Notification (WARN) Act system, asking businesses to disclose whether layoffs are related to artificial intelligence (AI). In the year since the change took effect, no business has reported AI as a reason for layoffs. This result points to one of two conclusions: either AI is not contributing to mass layoffs in New York, or AI is contributing to layoffs and businesses are not reporting it.

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Webinar Invite - Background Checks and Screening in the Hiring Process: The Newest Class Action Risks for 2026

Hunton — Fri, 15 May 2026 09:00:10 -0400

Please join Hunton’s labor and employment partner Bob Quackenboss and litigation counsel Evangeline Paschal as they discuss a new wave of risks and claim theories impacting employers’ background and screening programs.

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