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NLRB General Counsel Seeks Reversal of Key Labor Precedents, Prioritizing Employer-Friendly Policies

NLRB General Counsel Seeks Reversal of Key Labor Precedents, Prioritizing Employer-Friendly Policies

On August 26, 2026, Crystal S. Carey, the General Counsel of the National Labor Relations Board (NLRB), announced her intention to push for the re-evaluation and reversal of several significant labor law precedents. This initiative signals a major shift towards employer-friendly standards across various aspects of workplace policies, union communications, and collective bargaining agreements. The General Counsel has identified seven key areas for change. These include overturning the 2023 McLaren Macomb decision regarding severance agreements, which currently limits the enforceability of confidentiality and non-disparagement clauses. Instead, Carey proposes voiding severance agreements only if they explicitly waive employees' rights under the National Labor Relations Act (NLRA). Another target is the 2023 Stericycle ruling on work rules, which presumes rules are unlawful if they tend to chill employees' rights; Carey advocates for a balanced approach that considers employers' duties for safety and confiden...

Fifth Circuit Clarifies Employer Communication Boundaries During Union Campaigns

Fifth Circuit Clarifies Employer Communication Boundaries During Union Campaigns

Fifth Circuit Clarifies Employer Communication Boundaries During Union Campaigns

New York State Employee Rights Regulations Offer Enhanced Protections Beyond Federal Standards

New York State Employee Rights Regulations Offer Enhanced Protections Beyond Federal Standards

New York State has established comprehensive employee rights regulations that often provide greater protections than federal laws. While federal wage and hour laws, such as the Fair Labor Standards Act (FLSA), set minimum standards for pay and working hours, New York State laws frequently exceed these federal requirements. For instance, New York's minimum wage is higher than the federal minimum wage, and employers in the state are mandated to pay the higher state rate. New York State law also outlines specific overtime rules and pay practices that employers must adhere to. Beyond wages, New York State laws protect employees from unlawful discrimination based on various characteristics, including age, race, gender, and religion, and ensure a safe working environment by requiring adherence to safety standards. Employers in New York must comply with both federal and state regulations, with the regulation offering greater protection for the employee generally taking precedence.

Federal Court Denies Summary Judgment for Kroll LLC in Trade Secret and Fiduciary Duty Case

Federal Court Denies Summary Judgment for Kroll LLC in Trade Secret and Fiduciary Duty Case

Federal Court Denies Summary Judgment for Kroll LLC in Trade Secret and Fiduciary Duty Case

Supreme Court Grapples with 'Ultra Vires' Review of Agency Actions, Including NLRB Cases

Supreme Court Grapples with 'Ultra Vires' Review of Agency Actions, Including NLRB Cases

The U.S. Supreme Court and lower federal courts are increasingly addressing 'ultra vires' challenges to agency actions, a legal concept where an agency is accused of acting beyond its statutory authority. This trend is highlighted by Justice Alito's dissent in *United States Postal Service v. California*, where he discussed the difficulty of winning such claims, often referred to as a 'Hail Mary pass.' Ultra vires claims are typically invoked when plaintiffs cannot use the Administrative Procedure Act (APA) to challenge an agency's non-final action. The legal framework for these claims often traces back to the 1958 case *Leedom v. Kyne*, which many lower courts have interpreted as allowing nonstatutory review for egregious statutory violations, even though a close reading of *Kyne* suggests it did not originally intend such a broad application. The National Labor Relations Board (NLRB) has been involved in cases where unions have invoked nonstatutory review to challenge certification orders, such as in *Ky...

Thermoflex Reaches $9 Million Settlement in Illinois Biometric Privacy Lawsuit

Thermoflex Reaches $9 Million Settlement in Illinois Biometric Privacy Lawsuit

Thermoflex Reaches $9 Million Settlement in Illinois Biometric Privacy Lawsuit

AMC to Pay $56,000 in EEOC Disability Discrimination Settlement

AMC to Pay $56,000 in EEOC Disability Discrimination Settlement

AMC to Pay $56,000 in EEOC Disability Discrimination Settlement

Global Policyholder Alliance Launched to Address Cross-Border Insurance Disputes

Global Policyholder Alliance Launched to Address Cross-Border Insurance Disputes

Global Policyholder Alliance Launched to Address Cross-Border Insurance Disputes

Trump Administration Seeks Supreme Court Review of Scholar's Release, Citing Immigration Enforcement Concerns

Trump Administration Seeks Supreme Court Review of Scholar's Release, Citing Immigration Enforcement Concerns

The Trump administration has formally requested the U.S. Supreme Court to overturn a lower court decision that led to the release of a Georgetown University scholar. The scholar, an Indian citizen named Badar Khan Suri, was arrested by immigration authorities in March 2025 as part of the administration's efforts to detain and deport foreign nationals involved in pro-Palestinian activism on college campuses. Suri was subsequently freed in May 2025 by a district court judge, who determined that Suri was likely to prove his arrest was in retaliation for his constitutionally protected speech. A 2-1 panel of the 4th U.S. Circuit Court of Appeals in July upheld this ruling, stating that a judge could hear challenges to allegedly unconstitutional detentions, even if related to ongoing deportation proceedings. Solicitor General D. John Sauer, in Monday's petition, argued that the 4th Circuit's decision was erroneous and could severely disrupt immigration enforcement nationwide by allowing detainees to challenge de...

CVS customers may be eligible for money from settlement

CVS customers may be eligible for money from settlement

CVS has agreed to a settlement in a class action lawsuit that will give customers money. Here's who's eligible.

IRS-ICE Data Sharing Agreement Raises Concerns Over Taxpayer Confidentiality and Voluntary Compliance

IRS-ICE Data Sharing Agreement Raises Concerns Over Taxpayer Confidentiality and Voluntary Compliance

A memorandum of understanding between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS) in April 2025, which involved sharing taxpayer addresses with Immigration and Customs Enforcement (ICE), has sparked significant legal and compliance concerns. This agreement allowed ICE to request the last known addresses of over one million individuals believed to be unlawfully present. Before a federal district court halted the process, IRS employees provided 47,289 records to ICE. A federal district court judge, Colleen Kollar-Kotelly, found that the IRS violated Internal Revenue Code § 6103 approximately 42,695 times by sharing confidential taxpayer addresses. This ruling was upheld by a unanimous D.C. Circuit panel on September 8, stating that the policy "indisputably contravenes the requirements of Section 6103." Additionally, a Massachusetts federal judge has barred DHS and ICE from using or viewing any IRS taxpayer information obtained under this agreement. The core issue revolves...

Nolan Wells' Family Vows Continued Search for Truth After Grand Jury Report

Nolan Wells' Family Vows Continued Search for Truth After Grand Jury Report

Nolan Wells' parents and their attorneys, including Ben Crump, have vowed to continue their search for truth after a Mississippi grand jury declined to pursue charges in the teenager's July Fourth death. The Jackson County district attorney stated that the grand jury found no sufficient evidence to indict anyone, concluding that Wells' death was consistent with drowning and dismissing allegations of racial motivation. However, Wells' mother, Christine Wells-Wonsley, expressed that the family still has no answers and believes the report reinforced that the investigation was not thorough, transparent, or honest. Crump highlighted that an independent autopsy found two bruises on the back of Wells' head, the origin of which remains unexplained, and ruled the cause of death as 'undetermined.' The family is calling for the state to continue investigating and for the full medical examiner's report to be released.