Posts tagged Tennessee
A Federal Court Limits the NLRB’s Power to Force Union Bargaining: What Hospitality Employers Should Know
May 5, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown-Forman Corp. v. National Labor Relations Board. The case addresses how the National Labor Relations Board (Board) may impose bargaining orders when employers interfere with union organizing campaigns
Commentary: Unions make slight gains in South, mirroring national trends
April 29, 2026 // Southern states continue to lag significantly behind the rest of the country in union membership. Close to 4.9 percent of workers in the South belong to a union, and 5.9 percent of workers are employed in a workplace that enjoys union representation. That compares to 12.7 percent union density in the rest of the country, and 14 percent of non-Southern workers having union representation at their workplace. Labor’s modest gains come amidst a wide-ranging assault on worker protections under the Trump administration. Since coming into office, Trump has sought to strip collective bargaining rights for more than 1 million federal workers and eviscerated worker health and safety protections.
Ninth Circuit Affirms Bargaining Order in Cemex Without Opining on NLRB’s Cemex Framework
April 25, 2026 // The Ninth Circuit could have joined the Sixth Circuit in rejecting the Cemex Framework outright, or it could have affirmed the Cemex Framework, which would have established a circuit split and set the stage for Supreme Court review. By choosing to do neither, the Ninth Circuit’s decision means the Board’s authority to issue bargaining orders under the Cemex Framework will remain unsettled. In the meantime, employers outside of the Sixth Circuit (Michigan, Ohio, Kentucky, Tennessee) should be aware that the Board will likely continue to enforce the union-friendly Cemex Framework (as it did after Brown-Forman). Dinsmore’s labor and employment attorneys will continue tracking these developments closely and provide updates as courts weigh in on the future of the Cemex Framework.
OPINION: Union Politics Is Poisoning Washington’s Business Climate
April 23, 2026 // Between 2021 and 2026, Washington fell from #16 to #45 in the Tax Foundation’s State Tax Competitiveness Index, a dramatic drop that signals a rapidly deteriorating business climate. Meanwhile, the cost of living has surged. The Washington Roundtable now ranks the state among the five most expensive in the country. This did not happen by accident. It is the direct outcome of a policy agenda backed by union money and enacted by elected officials who benefit from it: higher minimum wages, expansive paid-leave mandates, new healthcare requirements, and an increasingly complex regulatory environment.
A giant barrier to being self-employed is falling, state by state
April 13, 2026 // As more states pass permanent reforms, millions of independent contractors could gain access to benefits they’ve never enjoyed. But states aren’t the only ones that can act. Congress could also amend federal law so that companies may offer benefits without facing liability. Sen. Bill Cassidy (R-Louisiana) and Rep. Kevin Kiley (I-California) have introduced bills to that effect in their respective chambers. They deserve the support of the full Congress and the White House in giving millions more workers long-term financial security along with the flexibility that self-employment provides. The portable benefits revolution can’t sweep the nation fast enough.
States Lead the Way on Portable Benefits and Flexible Work
March 24, 2026 // The momentum behind portable benefits reflects the strength of a growing network of organizations and leaders committed to modernizing workforce policy. Americans for Prosperity has worked in conjunction with a diverse range of state and national organizations including the Mercatus Center, Libertas Institute, Institute for the American Worker, Independent Women, R Street Institute, and more from state to state. With research, data, examples of those who would benefit, and a dose of optimism, the educational outreach to highlight how beneficial these reforms are to American families has created a surge of interest among state lawmakers who increasingly understand this golden opportunity to help their residents thrive in today’s economy including shifts due to the rise of AI and other technology.
The Rise of Portable Benefits
March 19, 2026 // States like Alabama, Tennessee, Utah, West Virginia, and Wyoming have already enacted voluntary portable benefits frameworks. Others—including Pennsylvania, Maryland, and Georgia—have launched pilot programs. And a growing number of states—from Connecticut to Kansas to Hawaii—are actively considering legislation.
Op-ed: When taxpayers incentivize jobs, the state should protect workers’ privacy in union votes
February 26, 2026 // Now, Rankin County Republican State Sen. Josh Harkins, who chairs the Senate Finance Committee, has introduced legislation to protect the investments of state and local taxpayers in economic development projects that rely on taxpayer incentives. The bill ensures that Mississippi workers are entitled to a private ballot for any unionization vote. In a recent op-ed, Harkins explained: “Senate Bill 2202 is straightforward: for companies that choose to accept future state economic development incentives, any decision about union representation should be made through a private, secret-ballot election. The bill does not prohibit employees from organizing. It does not outlaw unions. It does not interfere with an employee’s right to choose union representation if a majority wants it. It simply sets an expectation that the decision is made in a way that protects (worker) privacy.”
UAW Gains Southern Foothold as VW Workers Ratify First-Ever Contract
February 23, 2026 // The new deal also offers healthcare cost reductions, job security guarantees and other benefits. Volkswagen officials, as has been the case throughout the process, acknowledged the result in a short statement.
Opinion: Teachers Unions Get Desperate
February 17, 2026 // Antichoice plaintiffs “usually file lawsuits right before families sign up for the program just to be particularly cruel. They know they’ll lose nearly every case, but delaying or enjoining the programs in any way is the last-ditch effort to slow maximum uptake for families,” says Tommy Schultz, CEO of the American Federation for Children. Many suits are striking out. Idaho’s high court just ruled 5-0 in favor of the state choice program. Top courts in Arizona, Florida, North Carolina and West Virginia have upheld choice programs. The U.S. Supreme Court has continued to issue beneficial rulings. Yet the legal threat is real, and unions, often accompanied by local school districts, continue to throw millions at litigation and disruption, forcing states to spend huge amounts to defend against them. Then the unions and the districts claim schools are underfunded.