Hunton Employment & Labor Perspectives

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.

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.

On March 23, 2026, Washington Governor Bob Ferguson signed a bill (Substitute House Bill “SHB” 1155) that will render employment-based non-compete agreements with employees and independent contractors void and unenforceable beginning June 30, 2027. With this legislation, Washington joins states like California, Minnesota, North Dakota, and Oklahoma in generally prohibiting employment-based non-compete agreements.

While artificial intelligence can help streamline employment decisions, employers should be aware of emerging regulations that provide protections to employees from biases that may arise through the use of AI in employment decisions.

The Ninth Circuit’s recent opinion in Avery v. TEKsystems, Inc. addressed whether an arbitration agreement introduced to putative class members during pending class litigation could be enforced where the district court found the surrounding communications misleading and inconsistent with the fairness of the Rule 23 process.

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.