Expert Analysis

• Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

  

  The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

• How Justices' GEO Ruling Resets Gov't Contractor Litigation

  

  The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

• Pension Case Offers Entertainment Work Exception Insights

  

  A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

• Motorola Case Shows Reach Of NLRA Dishonesty Protections

  

  A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

• NFL Hiring Bias Ruling Signals Trend Away From Arbitration

  

  A New York federal court's recent decision in Flores v. NFL, declining to compel arbitration in a class action alleging racial discrimination in the league's hiring practices, reflects courts' increasing reluctance to allow private dispute resolution for systemic discrimination claims, says Masood Ali at Segal McCambridge.

• Flashpoints In Focus: Harassment At Work After Epstein Files

  

  The recent release of millions of documents related to Jeffrey Epstein's sex trafficking scheme has renewed a movement to hold perpetrators of sexual assault and harassment responsible, making it a perfect time for employers to ensure they have a strong system for preventing and addressing workplace harassment, say attorneys at Seyfarth.

• New NLRB GC Likely To Prioritize Efficiency Over Policy Shifts

  

  After the National Labor Relations Board operated without a quorum for nearly a year, general counsel Crystal Carey's early memoranda reflect a shift away from sweeping policy changes and toward clearing the case backlog, creating an environment that rewards employers' preparation and efficiency over prolonged litigation, says Michael Passarella at Olshan Frome.

• Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

  

  The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.

• Deregulation Can Solve Labor Market Woes

  

  There is broad agreement that labor law is in need of reform, owing to few unions, slow procedures and weak remedies, and while deregulation will strike many as radical, it has worked for a variety of industries and could make competition a regular feature of the market, says Alexander MacDonald at Littler.

• What's Next After NLRB Dismissal Of SpaceX Suit

  

  Though the National Labor Relations Board’s recent decision to dismiss its long-running unfair labor practice complaint against SpaceX on jurisdictional grounds temporarily resolves a circuit split over injunctions, constitutional and employee-classification questions remain, say attorneys at Proskauer.

• NLRB May Not See Employer-Friendly Changes Anytime Soon

  

  Despite the long-awaited confirmation of a new National Labor Relations Board general counsel and two new board members, slower case processing, the NLRB's changing priorities and an unofficial rule about a three-member majority may prevent NLRB precedent from swinging in businesses' favor this year, says Jesse Dill at Ogletree.

• Harvard NLRB Ruling Highlights NLRA, Title VII Conflicts

  

  A recent National Labor Relations Board decision, finding that Harvard University violated the National Labor Relations Act by not giving its police officer union information about a sensitive investigation into an officer's conduct, underscores the potential conflicts between employers' obligations under the NLRA and Title VII, says Daniel Johns at Cozen O’Connor.

• Flashpoints In Focus: Limiting Risk In Workplace Holidays

  

  As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.