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In a novel decision, the New Jersey Supreme Court held in Rutgers v. AFSCME, Local 888, that the 2020 Title IX regulations preempted the grievance procedure in a collective bargaining agreement with a state university because the grievance procedure was in direct conflict with Title IX regulations. The decision tracks the well-known principle
A challenge by the Connecticut Business & Industry Association (“CBIA”) to Connecticut’s so-called “captive audience” law failed when a federal court in Connecticut found that the CBIA lacked standing to bring the claim. The decision is a setback to those challenging the law, which bars mandatory employer meetings on political and religious topics.
The decision by
In a significant decision for Connecticut employers, the Connecticut Supreme Court ruled in Del Rio v. Amazon.com Services, Inc. (SC 21109) that employees must be compensated for time spent undergoing mandatory security screenings on their employer’s premises. The unanimous decision establishes that Connecticut wage laws are more protective than federal law on this issue.
wo recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While courts previously granted administrative agencies such as the NLRB deference in their decision making, also known as Chevron deference, under Loper Bright, that deference is no longer guaranteed. Since the decision, employers have been patiently waiting to see what impact, if any, that ruling will have on the actions of the NLRB.
Last week, two circuits heard arguments that may reshape employer obligations and highlight the new era of judicial scrutiny of NLRB action.
Continue Reading Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?
Last week, the Second Circuit Court of Appeals announced a significant change to the standard by which employers must address disability-related accommodation requests. In Tudor v. Whitehall Central School District, Case No. 23-665, the Second Circuit held that plaintiffs suing their employers for failure to provide a reasonable accommodation no longer need to prove
On Friday, the Fourth Circuit granted the federal government’s motion to stay (temporarily suspend) a lower court’s preliminary injunction that had blocked the enforcement of two Executive Orders issued by President Trump in January 2025. These Executive Orders direct federal agencies to end Diversity Equity and Inclusion (DEI) programs within federal grant and contract processes.
On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law: the clear and unmistakable waiver standard.
An employer makes a unilateral change when it modifies certain conditions of employment (mandatory
The Supreme Court of the United States (“Supreme Court’) recently clarified the standard for claims brought under Title VII involving allegations of discrimination related to job transfers. Specifically, the Supreme Court held that employees only need to show “some harm” to the terms and conditions of their employment resulting from the transfer and unanimously rejected
Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he