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.