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Like Minnesota and other visionary states, the NLRB now outlaws employer captive audience meetings

In recent years, states across the United States – including New York, Illinois, California, and Hawaii – have enacted captive audience meeting laws that prohibit mandatory employee meetings about employers’ political or religious positions. As… Read More

Rule of law on the ballot

The Federal courts describe the rule of law as “a principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international hu… Read More
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Biden Administration reinforces policies promoting better labor and environmental standards

President Joe Biden recently signed an Executive Order that requires Federal agencies to include and enforce pro-union standards as part of their contracting and other investments to address climate change as well as infrastructure and domestic manuf… Read More
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Federal inter-agency cooperation expands to combat corporate abuses

The Federal Trade Commission (“FTC)” and the United States Department of Justice (“DOJ”) have enhanced their coordination with the United States Department of Labor (“DOL”) and the National Labor Relations Board (“NLRB”) to improve th… Read More

The positive impact of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

The Eighth Circuit Court of Appeals, which is one of the most pro-employer Federal appellate courts in the United States, recently rendered an important decision that bodes well for the future prosecution of sex harassment claims. In Famuyide v. Chip… Read More

The Supreme Court’s end-of-term majority opinions threaten the rule of law

On the heels of the majority opinion issued by the Supreme Court in Starbucks v. McKinney, analyzed here, the majority opinion given by the Supreme Court in Loper Bright Enterprises v. Raimondo declared that Federal courts can no longer defer to the… Read More

Supreme Court seeks to curb longstanding and vital authority of enforcement agencies

Consistent with rhetoric used by the prior Federal administration and its allies in Congress, a majority of the Supreme Court appears interested in limiting law enforcement agencies’ effectiveness as the investigative and prosecutorial missions of… Read More

Supreme Court expands civil rights protections for employees

Especially since the appointments to the Supreme Court during the last administration, the Supreme Court ordinarily has not rendered progressive decisions. To the contrary, as exemplified by majority opinion in Dobbs v. Jackson Women’s Health Organ… Read More

Much-needed and decisive enforcement agency action triggers lawsuits by corporate interests

Based on longstanding statutory authority, the Federal Trade Commission Act, the Federal Trade Commission (“FTC”) just issued a regulation that prohibits noncompete “agreements” regarding all employees – including senior executives. This tr… Read More

Unanimous Supreme Court expands whistleblower protections

The current Supreme Court has been increasingly criticized in recent years for restricting and even eliminating core rights, as illustrated by the Dobbs v. Jackson Women’s Health Organization opinion discussed in a prior blog post. In sharp contras… Read More
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