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Articles by Peter Spanos
NLRB General Counsel Signals Another Round of Precedent Reversals: What Employers Need to Know About GC Memo 26-04 | JD Supra
On August 26, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04, "Further Guidance Regarding General Counsel Priorities." This is a follow-up to her earlier guidance in GC Memo 26-03 on shifting enforcement priorities, and it's a useful roadmap for any private employer trying to anticipate where federal labor law is heading over the next year or two.
When Safety and Disability Rights Collide: Navigating the ADA in the Workplace | JD Supra
Employers in the construction and manufacturing sectors occasionally confront complex workplace issues involving employees with disabilities, often related to prior injuries, where those conditions may pose safety risks to the employees themselves or to their co-workers. Such situations often involve employees who have valuable skills and experience, but who pose safety risks if they are assigned the full spectrum of tasks under their job description.
The Hidden HR Issues Lurking in Union Labor Relations | JD Supra
Most labor relations playbooks focus on the visible stuff: election timelines, bargaining sessions, grievance procedures. But the issues that may actually blindside HR teams tend to be the ones nobody charts. Here are five worth a second look. Your frontline managers are the real early-warning system - and they're the least prepared Supervisors are usually the first to notice organizing chatter among employees.
Untrained Managers Create Legal Risk: Federal Training Requirements Every Employer Must Follow | JD Supra
Many employment lawsuits I have handled on behalf of employers had something in common: a manager made a deficient decision or failed to act appropriately because no one had trained them properly. Sometimes the decision was a termination made without documentation. Sometimes it was a failure to recognize a harassment complaint and how to respond. Sometimes it was a well-meaning accommodation conversation that crossed a legal line. The lesson is not complicated.
Beyond Attendance: The Legal Duties of Nonprofit Board Members
Serving as an officer or director of a nonprofit organization is both an honor and a serious legal responsibility. Whether your organization is a large regional association or a small community-based nonprofit, the individuals who sit on the board are held to defined legal standards — standards that exist to protect the organization, its members, and the public it serves.
Non-Discrimination Training: What In-House Counsel and HR Executives Need to Do Now
Non-discrimination training is no longer simply a best practice; it is increasingly a legal imperative. Across the country, states, and municipalities are imposing affirmative obligations on employers to implement, document, and periodically refresh training programs to prevent workplace discrimination and harassment. For companies operating in multiple jurisdictions, the array of requirements presents both compliance complexity and potential litigation risk.
Continued Disparities in Joint-Employer Status Laws
Federal law provides baseline joint‑employer standards under the National Labor Relations Act (as interpreted and enforced by the National Labor Relations Board) and the Fair Labor Standards Act (as interpreted and enforced by the U.S. Department of Labor). States, however, have increasingly adopted their own joint‑employer rules, often broader and more worker‑protective.
A Practical Guide to Collective Bargaining: Strategies, Obligations, and Best Practices for 2026 | JD Supra
Collective bargaining remains one of the most important processes governing labor–management relations in the United States. For organizations preparing for negotiations in 2026 and beyond, the key to success is understanding not only the legal framework, but also the strategy, preparation, and interpersonal dynamics involved.
The EEOC’s New Posture on DEI Under Chair Andrea Lucas: What Executives and Corporate Counsel Need to Know | JD Supra
The landscape of workplace civil rights enforcement is shifting — and fast. With Andrea Lucas now serving as Chair of the U.S. Equal Employment Opportunity Commission (EEOC), organizations should expect a markedly different approach to diversity, equity, and inclusion (DEI) initiatives. EEOC Chair Lucas has long expressed concerns that many DEI programs, as commonly implemented, cross the line into unlawful employment discrimination.
The Amazon v. PERB Decision: Reaffirming Federal Supremacy in Labor Law | JD Supra
The November 26, 2025, preliminary injunction issued by Judge Eric R. Komitee of the U.S. District Court for the Eastern District of New York in Amazon Services v. New York State Public Employment Relations Board represents a critical reaffirmation of federal preemption doctrine in American labor law. The decision found that amendments to the New York State Employment Relations Act (SERA) are preempted under the Supreme Court's holding in San Diego Building Trades Council v. Garmon.
Increasing Minimum Wages: Emerging Trends Across the U.S. | JD Supra
The conversation around minimum wage in the United States has gained renewed momentum in recent years. While the federal minimum wage has remained unchanged since 2009, states and municipalities have taken the lead in implementing wage increases to reflect the rising cost of living and economic shifts. With the federal minimum wage stuck at $7.25 per hour for over a decade, many states have enacted their own legislation to raise wage floors.
NLRB Bans Mandatory Meetings to Discuss Unionization with Employees
On November 13th, 2024, the National Labor Relations Board ruled that it is now an unfair labor practice for employers to require employees to attend a meeting where the employer will expresses its views on a union organizing drive. Such “captive audience” meetings have been entirely lawful for more than 75 years under prior NLRB and U.S. Supreme Court decisions.
FTC Ban On Noncompete Agreements Overturned Nationwide
The FTC's Rule banning employee non-compete agreements was overturned by the U.S. District Court for the Northern District of Texas yesterday. Ryan v. FTC, Civil Action 3:24-CV-00986-E. Judge Ada E. Brown granted summary judgment to the U.S. Chamber of Commerce and two other associations, finding that the noncompete Rule exceeds the FTC's statutory authority and that the noncompete Rule is arbitrary and capricious under the Administrative Procedure Act.
FTC Ban on Noncompete Agreements Overturned Nationwide
The FTC’s Rule banning employee non-compete agreements was overturned by the U.S. District Court for the Northern District of Texas yesterday. Ryan v. FTC, Civil Action 3:24-CV-00986-E. Judge Ada E. Brown granted summary judgment to the U.S. Chamber of Commerce and two other associations, finding that the noncompete Rule exceeds the FTC’s statutory authority and that the noncompete Rule is arbitrary and capricious under the Administrative Procedure Act.
Federal Judge Halts FTC Ban On Noncompetes
On Wednesday, July 3, a federal district judge in Texas ruled that the U.S. Chamber of Commerce is "likely to succeed on the merits" of the Chamber's claim that the Federal Trade Commission lacked legislative authority to issue rules defining unfair methods of competition. The judge suspended the FTC regulation that would have outlawed all forms of noncompete agreements effective on September 4.
PA Federal Court Upholds FTC Authority To Ban Noncompete Agreements
The US District Court for the Eastern District of Pennsylvania has issued a ruling upholding the FTC's authority to issue the broad ban on non-compete agreements that is scheduled to take effect on September 4. Unlike the earlier decision in the lawsuit in Texas federal court filed by the U.S. Chamber of Commerce (Ryan LLC v. FTC, issued July 3), the Pennsylvania judge holds that Sections 5 and 6 of the FTC Act fully empower the FTC to issue substantive antitrust regulations.
PA Federal Court Upholds FTC Authority to Ban Noncompete Agreements
The US District Court for the Eastern District of Pennsylvania has issued a ruling upholding the FTC's authority to issue the broad ban on non-compete agreements that is scheduled to take effect on September 4. Unlike the earlier decision in the lawsuit in Texas federal court filed by the U.S. Chamber of Commerce (Ryan LLC v. FTC, issued July 3), the Pennsylvania judge holds that Sections 5 and 6 of the FTC Act fully empower the FTC to issue substantive antitrust regulations.
Federal Judge Halts FTC Ban on Noncompetes
On Wednesday, July 3, a federal district judge in Texas ruled that the U.S. Chamber of Commerce is “likely to succeed on the merits” of the Chamber's claim that the Federal Trade Commission lacked legislative authority to issue rules defining unfair methods of competition. The judge suspended the FTC regulation that would have outlawed all forms of noncompete agreements effective on September 4.
Kaiser Permanente Health Care Workers Strike: Not Just Pay and Benefits
Strikes by unionized health care workers and physicians have been comparatively rare in all states except California for decades. According to the Bureau of Labor Statistics, in the past 30 years 56.3% of all health care workers strikes have taken place in California, with each other state experiencing 1% to 6% of all health care worker strikes.
United Auto Workers Begin Strategic Strikes
When union contracts at all three Detroit-based automobile and pickup truck manufacturers expired at midnight on September 14, the United Auto Workers called strategic strikes at three carefully selected assembly plants, one operated by each of the companies.
Do Teaching Certificates Actually Ensure Quality Education?
Even before the pandemic, numerous states struggled with a shortage of qualified teachers in our state. One popular remedy has been to issue emergency teaching certifications. These certifications allow individuals without prior teaching experience or training to work as full-time teachers. In Pennsylvania, the number of emergency teaching permits now exceeds the number of teaching certificates granted to new college graduates.
Language Prohibiting Weapons Discussion in Massachusetts School Misses the Target
An elementary school in Massachusetts has adopted a well-intentioned rule that could run afoul of First Amendment principles. The new rule advises students that any discussion of weapons, whether real or toy, as well as making shooting gestures, is not acceptable. The main problem with the rule is that it is overbroad, potentially prohibiting discussions about benign subjects such as superhero movies.
The Concerns and Challenges with AI Recruiting Tools
Artificial Intelligence (AI) has become increasingly prevalent in various business functions, including recruitment. Many companies are turning to AI tools for screening job candidates, as they promise efficiency and objectivity in the hiring process. However, recent studies have shown that there is a growing concern among job seekers regarding the potential bias of these AI recruiting tools.
False Claims Act and Healthcare: Wedded Bliss or Agony?
If you are the government, FCA may be wedded bliss. If you are in the healthcare industry, it’s probably wedded agony. For the past 20 years, the majority of False Claim Act (FCA) cases have been within the healthcare industry with the first half of 2023 continuing this trend. Of the 32 FCA resolved cases from January through July of this year, 72 percent were in the healthcare sector. The next closest sector was government contracting at nine percent.
Gail Golman Holtzman Presents on the Pregnant Workers Fairness Act at American Staffing Association’s Staffing World 2023
The American Staffing Association Staffing World 2023 Conference is less than one month away! The Staffing World Conference, held in Charlotte, North Carolina, on October 3rd–5th, 2023, focuses on the staffing community to forge strategic connections, gain insights into innovative approaches, and access solutions that drive business success and foster expansion.
Have Robots Become Common Place Throughout Construction, and Other Industries?
A recent survey indicates 50% of contractors are currently using robots and other autonomous devices and equipment during construction. The same survey indicates that number will jump to 80% within the next 10 years. Experience shows that robots can increase productivity on construction projects just as they have done in other industries.
The Boundary Between Mentoring and Grooming is . . . Strong Boundaries
One of the greatest challenges faced by youth organizations is being able to distinguish between positive mentoring and sexual grooming. It can be difficult to tell the difference, especially because good mentors always develop close relationships with the children they are guiding. Recent events in Winnipeg shed light on some classic boundary violations that can help organizations identify the difference.
New CMS Staffing Guidelines for Nursing Homes: What You Need to Know
In the wake of a health care worker shortage and increased nursing home bankruptcies, the Biden Administration has proposed new staffing minimums for nursing homes. According to the Centers for Medicare and Medicaid Services (CMS), approximately three-quarters of skilled nursing facilities do not currently meet the proposed standards.
"Copyright Decision On AI-Generated Art Is Just The Beginning," Van Lindberg Quoted in Law 360 Article
On August 23, 2023, Van Lindberg was quoted in Law 360's article "Copyright Decision On AI-Generated Art is Just the Beginning." Lindberg discussed his opinions with the Copyright Office's current analysis of AI-assisted works and how he believes that "...the courts or the office will recognize that even a minimal amount of human direction is enough to support the copyrightability of art created with AI tools." Read the full article here.
Multimillion Class Action Dollar Settlement regarding Facebook Pixel Use by Video Streaming Site
A federal court has given preliminary approval to a $2.6M class action award against a website operator violating end user privacy by using the Facebook (Meta) pixel. The pixel is a piece of tracking code that allows Facebook to track end users who have Facebook accounts when they go to websites operated by third parties (such as the defendant in this case).
Bob Goldberg Presenting at American Staffing Association’s Staffing World 2023 on Negotiating Staffing Service Agreements
Please join me for an interactive presentation titled “Negotiating Staffing Service Agreements" at American Staffing Association, Staffing World 2023, in Charlotte, North Carolina, on Wednesday, October 4th, from 2:30–3:30 p.m. EST. I will discuss the key elements of staffing service agreements, tips for effective negotiation, and examples of successful and unsuccessful negotiations.
What Every Owner, Contractor, and C-Suite Should Know About the “Spoliation of Evidence”?
At the height of the pandemic, opposing counsel allowed their owner client to “rip out” significant portions of a new $14M automated robotic warehousing system. The owner of the warehouse claimed the software and equipment comprising the system were defective, everything had to be “ripped out” and replaced, and sought more than $50M of damages.
Understanding the Enabling Factors of Child Sexual Abuse in Sports
Child sexual abuse (CSA) in sports is a serious issue that seems to be ongoing in spite of our best efforts. A recent meta-analysis shed light on enabling factors within sports organizations that contribute to continued instances of CSA. Its analysis of 34 articles from around the world provides some valuable insights for prevention and intervention efforts. The study found that the enabling factors for CSA in sports can be categorized into different hierarchical levels.
Google Prepares for New Digital Regulations in EU
2024 will see new rules coming into effect in the EU that regulate the largest online platforms and search engines (Google, Amazon, Facebook, and similar operators). The Digital Services Act updates the concept of "publisher liability" and when these operators can be held accountable for material transmitted by their users. It also imposes a wide range of new obligations including a duty to cooperate with regulators in some circumstances or disclose how takedown decisions and algorithms work.
NLRB Reinstates "Ambush Election" Rules
The National Labor Relations Board has issued a Final Rule restoring the rapid union representation procedures that were adopted during the Obama administration in 2014 and substantially revised during the Trump administration. The 2014 election procedures -- often referred to as "quickie" or "ambush" election rules -- greatly accelerated the process of scheduling a union representation election.
EEOC Proposes Expansive Regulations for Pregnant Workers Fairness Act
The EEOC's proposed regulations to implement the protections of the Pregnant Workers Fairness Act ("PWFA") are published and open for comment until October 10, 2023. The EEOC takes a very broad view of the coverage of the PWFA and the rights of covered employees.
The Benefits of Public-Private Partnerships in Expanding Rural Broadband Access
Expanding broadband access in rural areas poses unique challenges for private internet service providers (ISPs) and governments alike. The combination of small populations spread out over large geographic areas makes it difficult to install the necessary infrastructure, while the limited customer base makes it harder to offset the high costs involved.
Senate Committee Eyes Big Moves on Tech in Fall Session
As Congress returns from August recess, some in the Senate are pushing for an ambitious slate of measures relating to regulation of social media and other online matters. The Senate would also address TikTok and other widely used but foreign owned apps, kids' social media use, online privacy, and more. Why It Matters States are already taking steps to curb children's use of social media and to regulate online privacy.
Pickle Packer Trade Secret Lawsuit Illustrates Importance of Trade Secret Protections
A recent case filed by Grillo's Pickles provides an excellent example of the importance of manufacturers taking concrete steps to protect their valuable trade secrets. Grillo's has sued Patriot Pickle, alleging that the company copied Grillo's secret process and recipe after having access to this information during the time that Patriot Pickle worked as a co-packer for Grillo's.
OSHA Moves Ahead on Heat Stress Safety Standard
Regulations promulgated by OSHA currently do not include a specific standard for preventing occupational heat stress exposure. However, OSHA has been considering a heat exposure standard since publishing an Advance Notice of Proposed Rulemaking on heat stress in 2021 and holding stakeholder meetings in 2022. Currently, OSHA attempts to regulate employee heat stress exposure under the General Duty Clause as a recognized hazard that is likely to cause serious harm or death.
Successful RTO Implementation Involves Employers Answering The "Why"
Every day it seems there is a story of another business attempting to lure its employees back to the office, at least X days per week.
How Routine Construction Activities Impose Liability Upon Owners and Contractors for Hazardous Waste Under CERCLA?
Owners and contractors seldom consider themselves responsible for hazardous waste they did not create, do not use, and about which they have no knowledge. However, the federal government has cast a broad net over both when enacting CERCLA or the Comprehensive Environmental Response Compensation Act of 1980.
AI and Machine Learning: Have You Created Your Policies Yet?
Pharmaceutical companies and healthcare providers are increasingly incorporating AI and machine learning (ML) into their research and patient care processes. As these technologies continue to advance, regulators are starting to pay attention to ensure their ethical and safe use.
Starbucks Trade Secret Case Decision Serves Up Timely Reminder About Statutes of Limitation
In a July 26 decision, the U.S. District Court for the Western District of Washington dismissed a highly-publicized trade secret misappropriation lawsuit that had been filed against Starbucks Corporation by Balmuccino LLC, ruling that Balmuccino filed its lawsuit too late, in view of a 3-year statute of limitations under Washington (and federal) law.
California Will Review Data Collected By Cars
California's privacy regulator has announced that it will review privacy concerns related to data collected by cars. Americans heavily rely on their cars for their daily commute, travel, and other activities. Insurance companies already use car data in insurance pricing. However, the specifics of how this data influences insurance rates remains somewhat of a mystery. Federal regulators have also expressed interest in car data in the past.
Vianney Lopez Presenting at the Georgia Manufacturing Alliance’s "Construction During Challenging Times" Lunch & Learn
I am excited to announce that Taylor English will be hosting the Georgia Manufacturing Alliance’s next Educational Lunch & Learn, a panel discussion titled, “Construction During Challenging Times: Building Manufacturing Facilities and Other Industrial Projects During a Construction Boom and Ongoing Supply Chain Disruptions.” The event will take place on Tuesday, August 29, from 11:30 AM - 1:30 PM ET.
"NLRB Ruling Foreshadows Scrutiny of Workplace Civility, Social Media Rules," HR Dive
In a recent article for HR Dive, partner Peter Spanos discusses the National Labor Relations Board's (NLRB) recent decision that has implications for employers and employees alike. In a case involving Stericycle, Inc. and Teamsters Local 628, the NLRB reversed its previous stance, which allowed employers to maintain certain handbook policies, such as those mandating a respectful workplace.
NLRB Again Reinvents Rules for Employer Policies Under National Labor Relations Act
The NLRB's standards for whether employer policies restrict employee rights to "protected concerted activity" under Section 7 of the National Labor Relations Act have again changed in favor of broader protection of employee conduct, communications and actions.
Will New York Ban All Non-Compete Agreements?
The New York legislature passed a statute on June 20, 2023 that, if signed into law by the Governor, will ban all forms of non-compete agreements in that state, including not only with employees but apparently also in connection with the sale of a business. The statute would be effective 30 days after being signed by Governor Hochul.
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