Question 1

How is the NLRB changing under the current administration?

Accepted Answer

The administration is shifting toward more employer-friendly policies, though changes are occurring slowly due to a previous lack of a quorum and appointed general counsel. The board is currently working through a backlog of approximately 700 cases. Time: 01:03

Question 2

What are the benefits of participating in the Department of Labor's voluntary programs?

Accepted Answer

Employers who participate in these voluntary programs can "straighten up" their policies and reach mutual agreements that reduce potential fines and entirely eliminate liquidated damages in wage and hour matters. Time: 03:05

Question 3

Will the Cemex ruling and "captive audience" meetings change?

Accepted Answer

It is anticipated that the Cemex case, which allows for union bargaining orders based on card checks, will be among the first rulings to be reversed. Additionally, the board is expected to quickly restore the legality of "captive audience" meetings, such as one-on-ones and small group sessions during organizing campaigns. Time: 05:06

Question 4

What is the current status of the U.S. border and immigration enforcement?&nbsp;

Accepted Answer

Illegal border crossings have reportedly dropped by 95% due to the deployment of several military divisions. While deportations continue, the current administration is also cutting back on legal immigration programs like TPS, parole, and DACA, as well as temporary guest worker entries. Time: 07:00

Question 5

How should companies manage I-9 compliance and immigration audits?&nbsp;

Accepted Answer

Companies should conduct regular internal audits of their I-9 forms because rules change frequently. It is recommended to have a formal immigration policy that instructs supervisors to report any knowledge of undocumented workers to upper management rather than acting on it themselves. Time: 08:56

Question 6

Is DEI still legally required for employers?&nbsp;

Accepted Answer

The legal landscape for Diversity, Equity, and Inclusion (DEI) has changed significantly; the EEOC now prioritizes rooting out "unlawful DEI-motivated race and sex discrimination". Employment decisions must now be based on individual merit and equal employment considerations for every single decision, rather than group representation. Time: 12:02

Question 7

What is the "adverse impact" theory and is the government still enforcing it?&nbsp;

Accepted Answer

Adverse impact occurs when a neutral policy (like a lifting requirement) disproportionately affects a protected group. The current administration has announced that the government will no longer prosecute cases based on this theory, though private individuals can still file lawsuits based on it. Time: 18:57

Question 8

Should my company keep applicant flow logs?&nbsp;

Accepted Answer

There is no longer a government requirement to keep applicant flow logs unless required by state law. Removing these logs may improve defense opportunities because they often provide the statistical data plaintiffs need to bring an adverse impact lawsuit. Time: 23:39

Question 9

What is the current legal standard for religious accommodations at work?&nbsp;

Accepted Answer

The Supreme Court has raised the bar for denying accommodations; employers must now prove that an accommodation causes "substantial harm to the business as a whole" rather than just a "de minimis" cost. Time: 28:53

Question 10

What are the risks of using AI in hiring and performance reviews?&nbsp;

Accepted Answer

AI tools can lead to legal issues if they result in disproportionate exclusions of protected groups, which may trigger private "adverse impact" lawsuits. Additionally, feeding company data into AI could result in the loss of trade secrets or attorney-client privilege. Time: 36:33

Question 11

Can an employer fire someone for a social media post?

Accepted Answer

This is a complex area because many social media posts may be "legally protected speech" under the National Labor Relations Act. Employers should avoid "shooting from the hip" and instead use carefully drafted policies and specific protocols, such as taking screenshots of the post immediately. Time: 43:14

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