Labor

Expert Analysis

• 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.

• How Mamdani Will Shift NYC Employment Law Enforcement

  

  Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

• Prepping For 2026 Shifts In Calif. Workplace Safety Rules

  

  California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

• 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

  

  The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

• 9th Circ. Ruling Upholds Employee Speech Amid Stalled NLRB

  

  The Ninth Circuit's recent decision in National Labor Relations Board v. North Mountain Foothills Apartments shows that courts are enforcing National Labor Relations Act protections despite the board's current paralysis, so employers must tread carefully when disciplining employee speech, whether at work or online, say attorneys at Foley & Lardner.

• Handbook Hot Topics: An Employer-Friendly Shift At NLRB

  

  As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

• What To Know As Rulings Limit NLRB's Expanded Remedies

  

  Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

• NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

  

  The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

• How To Prepare If Justices Curb Gov't Contractor Immunity

  

  Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

• What To Mull After 9th Circ. Ruling On NLRB Constitutionality

  

  The Ninth Circuit recently rejected three constitutional attacks on the National Labor Relations Board in NLRB v. North Mountain Foothills Apartments, leaving open a debate about what remedies the NLRB can award employees and creating a circuit split that could foretell a U.S. Supreme Court resolution, say attorneys at Proskauer.

• Strategic Use Of Motions In Limine In Employment Cases

  Excerpt from Practical Guidance

  

  Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.