Share on LinkedInShare on LinkedIn

ARTICLE · 10 SEPTEMBER 2024

Consent Orders Are Dead.

Seyfarth Shaw LLP
Seyfarth Shaw LLP
Contributor
Seyfarth Shaw LLP

Seyfarth Shaw LLP

Our high-caliber legal representation and advanced delivery capabilities allow us to take on our...

View firm profile
Explore more from Seyfarth Shaw LLP

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board's...

United StatesEmployment and HR
Alyson Dieckman
Alyson Dieckman
Jennifer Mora
Jennifer Mora
Glenn Smith
Glenn Smith
Author LinkedIn connections

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board's practice of approving consent orders, whereby an administrative law judge ("ALJ") resolves unfair labor practice ("ULP") cases absent the agreement of the charging party and the General Counsel. Chairman McFerran was joined in the majority opinion by Members Prouty and Wilcox. Member Kaplan dissented.

Consent Orders Under the National Labor Relations Act

Historically, once a complaint issued in a ULP, it could be resolved in one of four ways: (1) dismissal by the General Counsel; (2) bilateral settlement (between the respondent and the General Counsel and/or the charging party); (3) litigation through hearing; or (4) consent order. In the context of ULPs, a consent order is the procedure by which a respondent can propose a resolution

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

California Passes AB-1883 Targeting AI Workplace Surveillance Of Employees’ Emotional State And Neural Data

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

2026 Changes To FLSA Overtime Exemption Rules: What Employers Should Know About Revised Salary Requirements

Federal overtime exemption rules have shifted back to 2019 standards following court challenges to the Department of Labor's 2024 salary threshold increases. Understanding how these revised requirements affect executive, administrative, professional, and highly compensated employee classifications is critical for maintaining wage-hour compliance.
United StatesEmployment and HR
Genova Burns
Genova Burns
Article

Recent Developments In Mobley v. Workday: California Court Allows Key AI-Hiring Bias Claims To Move Forward

On June 22, 2026, in Mobley v. Workday, Inc., U.S. District Judge Rita Lin largely denied Workday’s motion to dismiss the plaintiffs’ Third Amended Complaint, including rejecting the company’s argument that California’s anti-discrimination laws do not apply to its screening of applicants outside California who are applying for jobs in other states or countries.
United StatesEmployment and HR
Reavis Page Jump LLP
Reavis Page Jump LLP
Article

DOL Announces New Enforcement Policy For Mental Health Parity Nonquantitative Treatment Limitation Requirements

The US Department of Labor has issued new guidance establishing a streamlined framework for enforcing mental health parity requirements under MHPAEA, focusing enforcement on three priority areas while maintaining nonenforcement of controversial 2024 rule provisions. This guidance aims to reduce compliance burdens on plan sponsors while ensuring participants maintain access to mental health and substance use disorder benefits comparable to medical and surgical coverage.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

A New Twist In The Salvadoran TPS Saga: USCIS Authorizes Work Through September 9, 2026

U.S. Citizenship and Immigration Services has issued Individual Notices permitting certain Salvadoran Temporary Protected Status beneficiaries to demonstrate continued work authorization through September 9, 2026. This development arrives weeks after most TPS-based Employment Authorization Documents expired, creating challenges for employers and employees navigating reverification procedures and compliance requirements.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Legislative Update: Which Bills Will Make The Cut?

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Finally Modernizes First Aid Requirements: What Employers Need To Know

The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements.
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

2026 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Are Climbing

Federal ADA Title III lawsuit filings have reached 5,006 cases at mid-year 2026, marking the highest level since 2021 and suggesting a potential record-breaking year ahead. California continues to dominate with 2,426 cases, while new plaintiffs' firms enter the market and filing patterns shift across states. Will 2026 surpass the all-time high of 11,452 lawsuits set in 2021?
United StatesLitigation, Mediation & Arbitration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

The EU Cyber Resilience Act’s Reporting Started Last Friday, September 11. Here’s A Very, Very Brief Primer

The EU Cyber Resilience Act introduces mandatory cybersecurity requirements for products with digital elements sold in the European market, establishing a comprehensive framework for hardware and software security. Starting September 11, 2026, manufacturers face new reporting obligations for actively exploited vulnerabilities and severe security incidents, with strict timelines ranging from 24 hours to one month depending on the type of report.
AfghanistanPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP