What’s Next for Section 7? Biden-Era NLRB Rulings Face Uncertain Future

With the National Labor Relations Board (“NLRB”) currently lacking a quorum, it seemed like a good opportunity to take a look at several Biden-era NLRB decisions which are highly vulnerable for reversal once the board is fully seated. The most vulnerable Biden-era NLRB decisions were those which explicitly reversed decisions from the first Trump administration. The prior decisions provide us with a looking glass for what changes that we may see going forward. Although there has been no formal statement from the administration regarding its intent to roll back these decisions, industry groups are actively lobbying for their reversal.

These decisions all pertain to Section 7 of the National Labor Relations Act, which protects all employees—whether in unionized workplaces or not—from infringement on their right to advocate on behalf of themselves and their co-workers regarding the terms and conditions of their employment.

Top Takeaways: 2025 Miami Labor & Employment Law Seminar

By Stearns Weaver Miller on May 16, 2025 Posted in Disability & Leave, Discrimination & Harassment, Employee & Management Counseling, Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Employment Litigation, Hiring/Termination, Immigration, Labor Law, Legislation & Regulations, Wage & Hour/Employee Classification

Last month, over 300 HR professionals, in-house counsel, and legal heavy hitters joined us for our Labor and Employment Law seminar at loanDepot Park, home of the Miami Marlins.

Speakers covered all the bases, navigating legal fastballs, changeups and curveballs in the workplace.

We’re recapping the top takeaways from this big-league event—because when it comes to staying compliant and proactive in today’s workplace, you can’t afford to strike out.

District Court Stays Termination of Parole and Work Authorization – Cuba, Haiti, Nicaragua, and Venezuela

By Glenn Rissman on April 17, 2025 Posted in Immigration, Legislation & Regulations

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On March 25, 2025, the Department of Homeland Security terminated the parole program that had allowed more than 500,000 citizens of Cuba, Haiti, Nicaragua, and Venezuela into the United States over the past two years. (See our blog dated March 26, 2025.) Under the March 25 termination, these individuals were required to depart the United States by April 24, and their work authorization would expire on April 24, regardless of the expiration date printed on their employment authorization document (EAD).

October 2023 TPS Designation – Renewed Life

By Glenn Rissman on April 2, 2025 Posted in Immigration, Legislation & Regulations

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On March 31, 2025, United States District Judge Edward Chen issued an order postponing the actions taken by the Department of Homeland Security (DHS) with respect to the October 2023 designation of Temporary Protected Status (TPS) for Venezuela. As a result, at least for the time being, the TPS designation for Venezuela is extended to October 2, 2026 and the work authorization of Venezuelan nationals in TPS who have an Employment Authorization Document (EAD) reflecting Category A12 or C12 is automatically extended to April 2, 2026.

Termination of Parole and Work Authorization for Certain Nationals of Cuba, Haiti, Nicaragua and Venezuela

By Glenn Rissman on March 26, 2025 Posted in Immigration, Legislation & Regulations

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The Department of Homeland Security has terminated a parole program that benefits citizens of Cuba, Haiti, Nicaragua, and Venezuela. Referred to as the CHNV parole program, the program had allowed citizens of the four countries to request permission to travel to the United States for parole into the country. The program required the foreign national to have a U.S. sponsor who agreed to support the foreign national. Individuals paroled into the United States under the CHNV program could apply for work authorization. It is estimated that 532,000 individuals were paroled into the United States under the program since its inception in October 2022.

On March 25, the Department of Homeland Security terminated the CHNV parole program effective immediately. Individuals whose parole has not already expired will have their parole expire on April 24, 2025. The Department of Homeland Security intends to remove individuals who entered the U.S. under the CHNV parole program who do not depart by April 24 and who do not have a lawful basis to remain in the United States.

Registration Open! 2025 Miami Labor & Employment Law Seminar

By Stearns Weaver Miller on March 4, 2025 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Hiring/Termination, Immigration, Labor Law, Legislation & Regulations, Wage & Hour/Employee Classification

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Spring training is almost over and we’re ready to take the field! We are excited to announce that our full day, in-person Miami Labor & Employment Law Seminar will take place on Wednesday, April 30 at the Miami Marlins loanDepot park. This year’s theme is “Covering All the Bases: Navigating Legal Fastballs, Changeups & Curveballs in the Workplace.”

Find out more and register below.

CLICK HERE TO REGISTER

Wednesday, April 30, 2025

8:00 a.m. – 4:00 p.m.

(Breakfast & Lunch Provided)

loanDepot park (Home of Your Miami Marlins)

501 Marlins Way, Miami, FL 33125

Changes to TPS for Haiti and Impact on Employment Authorization

By Glenn Rissman on February 21, 2025 Posted in Immigration, Legislation & Regulations

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According to an advance copy of a notice from the Department of Homeland Security (DHS), Secretary Kristi Noem is partially vacating the June 4, 2024 decision of former DHS Secretary Alejandro Mayorkas that extended the designation of Haiti for Temporary Protected Status (TPS) and the new designation of Haiti for TPS. Former Secretary Mayorkas had extended the designation of Haiti for TPS for 18 months – to February 3, 2026 – and also newly designated Haiti for TPS for the same 18-month period – to February 3, 2026. DHS is now partially vacating the June 4, 2024 announcement and reducing the designation period from 18 months to 12 months. Under the new announcement, the TPS designation for Haiti will expire on August 3, 2025. The change impacts approximately 500,000 Haitian nationals in the United States.

National Labor Relations Board Rescinds Key Memoranda

By Glenn Rissman on February 18, 2025 Posted in Employee & Management Counseling, Employment Contracts & Corporate Issues, Hiring/Termination, Labor Law

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On February 14, National Labor Relations Board (NLRB) Acting General Counsel William Cowen rescinded several memoranda issued by the former General Counsel during the Biden Administration. Among the memoranda rescinded include:

Update – TPS for Venezuela Terminated

By Glenn Rissman on February 5, 2025 Posted in Immigration, Legislation & Regulations

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Last week, we posted about the revocation of the extension of Temporary Protected Status (TPS) for individuals from Venezuela. As explained last week, there were two Venezuela TPS designations:

A March 9, 2021 designation that expires on September 10, 2025. The Department of Homeland Security (DHS) must decide by July 12, 2025 whether to extend or terminate the designation.
An October 3, 2023 designation that expires on April 2, 2025.

On February 5, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register terminating the October 3, 2023 TPS designation of Venezuela. The termination will be effective sixty (60) days after the publication of the notice in the Federal Register–April 7, 2025. Nationals of Venezuela under the October 2023 designation will no longer have Temporary Protected Status as of 11:59 p.m. on April 7 and will lose their authorization to work on April 2.

Venezuela TPS – Extension Vacated – More Details on February 1

By Glenn Rissman on January 30, 2025 Posted in Immigration, Legislation & Regulations

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Last week, we posted about the Biden administration’s January 17 extension of Temporary Protected Status (TPS) for El Salvador, Venezuela, Ukraine, and Sudan. On January 28, new Secretary of Homeland Security Kristi Noem vacated the notice extending the TPS designation for Venezuela, Vacatur of 2025 Temporary Protected Status Decision for Venezuela. As of this writing, the extensions for El Salvador, Sudan, and Ukraine remain in effect. As a result of Secretary Noem’s order, the expiration dates for TPS for Venezuela will revert to the pre-January 17 expiration dates.