Posts tagged Supreme Court
Fifth Circuit Denies Enforcement of NLRB’s Enhanced Remedies, Widening Circuit Split
November 5, 2025 // The Fifth Circuit now joins the Third Circuit in holding that the Board exceeded its authority under the NLRA by awarding Thryv remedies. The Third Circuit also held that Thryv remedies exceeded the authority granted to the Board under Section 10(c), as we reported here. In contrast, the Ninth Circuit upheld Thryv remedies,
Puerto Rico Public Workers Defend First Amendment Right to Stop Union Dues Payments in Federal Court Arguments
October 31, 2025 // Two arguments held this week at First Circuit Court of Appeals involve rights under landmark Janus v. AFSCME U.S. Supreme Court decision
A Republican-Led NLRB May Soon Revisit Expanded Remedies and Other Labor Precedents
October 30, 2025 // The HELP Committee’s approvals signal a likely realignment in the months ahead but not an immediate one, as it remains unknown as to when or whether the NLRB will have a quorum. A new NLRB majority may act quickly once seated to revisit recent precedents—not only Thryv, but also rules governing joint-employer status, independent-contractor classifications and union election procedures. The coming months will be a period of heightened uncertainty for employers navigating ongoing unfair labor practice matters.
Op-ed: Your Union Boss Can’t Treat You Like an ATM
October 28, 2025 // Since the Supreme Court’s ruling in Janus v. Afscme (2018), I have learned more about the nefarious ways these entities mislead, subvert and treat their members like ATM machines. Ms. Dupont found perhaps the simplest way to remedy the abuse: to resign. Without funds, the unions can’t operate in the way her legal filing alleges. Under Janus each public-sector union member has that right.
Seven years after Janus, public employees still can’t quit their unions
October 24, 2025 // Seven years after the U.S. Supreme Court’s Janus v. AFSCME decision established that public employees cannot be compelled to pay union dues, a troubling pattern has emerged: unions nationwide are systematically obstructing workers’ rights to resign. Consider Chaquan May, a California in-home caregiver, who has spent more than two years trying to resign from SEIU Local 2015.
Union Fights to Revive $3.5M Pension Win Against Jones Lang LaSalle
October 21, 2025 // In a Friday petition for rehearing, the pipe fitters and plumbers’ union — alongside several benefit funds and trustees — urged the Third Circuit to reconsider or rehear the case en banc, arguing that the panel’s split September ruling misinterpreted the Employee Retirement Income Security Act (ERISA) and ignored key principles set forth by the Supreme Court. At the Heart of the Battle: What Counts as “Hours Paid”? The dispute stems from a 2020 ERISA lawsuit accusing Jones Lang LaSalle Americas Inc. (JLL) of failing to properly account for overtime pay when calculating pension contributions. The Delaware district court initially sided with the union in 2024, awarding $3.5 million in unpaid contributions, audit costs, liquidated damages, and interest.
Starbucks Baristas File Brief Urging Supreme Court to Allow President to Remove Rogue Agency Officers
October 21, 2025 // The brief concludes with the Foundation’s legal argument that Humphrey’s “cannot neuter the President’s ability to supervise those who exercise substantial parts of [executive] power.” Therefore, the Supreme Court “should make clear that the President’s removal power applies to every agency that exercises executive power, including the NLRB.”
US Supreme Court won’t review rule allowing H-1B holders’ spouses to work
October 15, 2025 // The justices denied a petition, opens new tab by Save Jobs USA, which represents American tech workers who it says were displaced by foreign labor, to review a ruling by the U.S. Court of Appeals for the D.C. Circuit that said the Department of Homeland Security had the power to adopt the rule in 2015. Following its usual practice, the court did not explain its decision.
Shasta County Board of Supervisors to Appeal Ruling in Free Speech Case Against California Public Employment Relations Board
October 15, 2025 // The lawsuit, filed on March 17 by the Freedom Foundation on behalf of the Shasta County Board of Supervisors and a county employee, challenges California statutes that prevent public employers from informing employees about their First Amendment right to opt out of union membership. Two specific statutes within the California Government Code restrict the board’s ability to communicate freely about union membership options and infringe on employees’ constitutional right to receive truthful information. These statutes can best be characterized as California’s Gag Rule statutes because they force public employers into silence regarding a matter of public concern.
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.