Expert Analysis

• 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.

• Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display

  

  The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.

• Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes

  

  The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.

• Justices' BDO Denial May Allow For Increased Auditor Liability

  

  The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.