News & Analysis as of

Federal Labor Laws › Statutory Interpretation › Employment Litigation

Proskauer - Labor Relations Update

Circuit Court Roundup: DC Cir. Rejects NLRB’s “Irrational” Impasse Ruling, 4th Cir. Green-Lights Union’s “Sharp-Elbowed” Campaign

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While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more

Keating Muething & Klekamp PLL

Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA

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As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

Jackson Lewis P.C. on

A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

Proskauer - Employee Benefits & Executive...

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

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A federal district court in Illinois became the first court to rule that an employer’s credit for a prior partial withdrawal should be applied at the end of the statute’s “waterfall” for calculating withdrawal liability. The...more

Epstein Becker & Green

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

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The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Feliciano v. Department of Transportation

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On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are...more

Seyfarth Shaw LLP

Wage and Hour Around The Corner: To Defer or Not to Defer: That is the Question Facing Lower Fed Courts and States After SCOTUS...

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Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more

Sheppard Mullin Richter & Hampton LLP

Split D.C. Circuit Panel Rules Trump Can Remove Wilcox from NLRB – NLRB to Stay Without a Quorum

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A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more

Littler

Federal Court of Appeals Allows President to Remove NLRB Member Wilcox for Now

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A federal court of appeals has allowed President Trump to remove Gwynne Wilcox, a National Labor Relations Board member, while it considers Wilcox’s case. The court’s decision reverses an earlier district court order that had...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

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We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Pullman & Comley - Labor, Employment and...

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

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The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938.  It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

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