Publications
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NLRB GC Carey Signals Potential Reversal of Key Labor Precedents
September 10, 2026 • Cinthya Rivera, Michael J. D'Angelo
Category: Legal Updates
NLRB General Counsel Crystal Carey has issued GC Memo 26‑04, providing employers with the clearest statement to date of the Board precedents she is actively challenging and those she intends to challenge when the right case arises. While the memo does not change current law, it provides employers with a clear preview of the doctrines likely to be tested in upcoming litigation.
Illinois Enacts Protections for Menopause-Related Conditions
September 9, 2026 • Jessica Villaescusa
Category: Legal Updates
On August 7, 2026, Illinois enacted the Illinois Menopause Equity and Care Act, which amends the Illinois Human Rights Act (IHRA) to provide workplace accommodations and prohibit discrimination based on menopause-related conditions starting January 1, 2027.
The New Era of Union Leverage in Hotels: What Operators Must Do Before Q4
August 26, 2026 • Michael J. D'Angelo
Category: Legal Updates
Hotels are entering a new phase of union activity—one defined not only by traditional bargaining cycles, but by property access fights, coordinated grievances, and escalating picketing designed to force concessions before negotiations even begin. Q4 is historically a particularly vulnerable period for operators: peak group business, holiday travel, and compressed staffing. Unions know this, and they are positioning their efforts around these operational pressure points.
Stokes Wagner Strengthens National Labor Relations Practice
August 25, 2026 • Eleanor J. McCloskey, Michael J. D'Angelo
Category: Legal Updates
Stokes Wagner is strengthening its national Labor Relations practice, building on decades of experience representing hospitality employers in complex labor matters. As part of this effort, the firm is expanding the team dedicated to labor relations, broadening its capabilities in labor-focused due diligence and workforce strategy, and increasing its capacity to support clients with complex collective bargaining and multi-property labor matters.
Must Sexual Harassment Claims Be Plausible to Avoid Arbitration Under the EFAA?
August 20, 2026 • Eugene Long
Category: Legal Updates
Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) in March 2022, limiting the enforceability of pre-dispute arbitration agreements in certain sexual assault and sexual harassment cases. Under the EFAA, an employee who alleges conduct constituting sexual assault or sexual harassment may choose to pursue the case in court rather than arbitration, even if the employee previously signed an arbitration agreement.
We are proud to congratulate Eugene Long, Senior Counsel in our San Diego office, on earning the Association of Workplace Investigators Certificate Holder (AWI-CH) designation
August 19, 2026 • Eleanor J. McCloskey
Category: Publications
The AWI-CH designation recognizes specialized training in conducting fair, thorough, and impartial workplace investigations. Eugene’s achievement further strengthens the experience and resources we bring to employers navigating sensitive and complex workplace issues.
New California Law Narrows Employment Arbitration Beginning in 2027
August 13, 2026 • Dina A. Issagholi
Category: Legal Updates
California employers recently received reassurance from the Court of Appeal that minor drafting inconsistencies will not necessarily invalidate an employment arbitration agreement when the parties’ intent is clear. A new California law, however, will narrow the circumstances in which certain disputes may be compelled to arbitration beginning January 1, 2027.
Macy and Prouty Confirmed to NLRB, Setting Stage for Reconsideration of Biden-Era Labor Precedent
August 11, 2026 • Cinthya Rivera
Category: Legal Updates
The National Labor Relations Board (“NLRB”) is likely to reconsider several Biden-era labor decisions following the U.S. Senate’s confirmation of James Macy and David Prouty on August 7, 2026.
CA Court of Appeal Upholds Employment Arbitration Agreement
July 30, 2026 • Omar Hernandez
Category: Legal Updates
On April 22, 2026, Second District Court of Appeal, Division 7, reaffirmed an important principle for California employers: minor inconsistencies in arbitration agreements will not necessarily render those agreements unenforceable where the parties clearly intended to arbitrate employment disputes. Santana v. Studebaker Health Care Center, LLC (Cal. Ct. App., Second Dist., Div. 7, Apr. 22, 2026).
On April 24, 2026, Maine enacted 26 MRSA § 622-A which requires Maine employers to disclose pay ranges and maintain records of employees’ pay histories starting July 29, 2026.