Captivating Practical Guidance: New Captive Audience State Law Survey

Do you need to review state laws prohibiting employers from harming workers who refuse to attend mandatory workplace meetings focused on union organizing or political or religious matters (so-called captive audience laws)? Review and set an alert on our newly published survey, Captive Audience State Law Survey.

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Practical Guidance Updates
Featuring the latest updates in practice trends and practical guidance from your Practical Guidance account.

• Labor & Employment Key Legal Development Tracker (Current) – keep up to date with key legal developments!
  • Federal: The U.S. Supreme Court holds that when a state court's application of a state exhaustion requirement effectively immunizes state officials from 42 U.S.C. § 1983claims challenging delays in the administrative process, state courts may not deny those claims on failure-to-exhaust grounds. Williams v. Reed, 2025 U.S. LEXIS 550 (Feb. 21, 2025).
  • Federal: A federal judge has granted a preliminary injunction blocking all or parts of three Executive Orders issued by President Trump, providing as follows:
    • The Termination Provision of Executive Order 14151is likely unconstitutionally vague under the Fifth Amendment due process clause.
    • The Certification Provision of Executive Order 14173likely violates the First Amendment as an unconstitutional restriction on speech.
    • The Enforcement Threat Provision of Executive Order 14173 likely violates the First Amendment as a viewpoint-based restriction on protected speech and is unconstitutionally vague under the Fifth Amendment.

The court granted in part and denied in part plaintiffs' motion for a preliminary injunction enjoining enforcement of the Termination, Certification, and parts of the enforcement Threat provisions. See Nat'l Ass'n of Diversity Officer s in Higher Educ. v. Trump, 2025 U.S. Dist. LEXIS 31747 (D. Md. Feb. 21, 2025).

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• Labor & Employment Key Legal Developments Tracker Archive (2022)
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