Labor & Employment Law Practice Group

The Radicalism of Jennifer Abruzzo’s Free Speech Doctrine

Alex MacDonald

The new NLRB General Counsel is trying to overthrow decades of precedent and expand secondary boycotts under a First Amendment pretext. The NLRB will probably let her. Will the courts?

Do unions have a First Amendment right to drag third parties into their labor disputes?...

Union-Backed Litigation Seeks to Extend First Amendment Protection to Coercive Lawsuits

Alexander MacDonald

When people talk about “weaponizing” the First Amendment, they’re almost always talking about corporate-backed litigation....

The Paid Sick Leave Act: Dead and Loving It

R. Pepper Crutcher

The Paid Sick Leave Act, embedded in the Families First Coronavirus Response Act, temporarily compelled...

Religious Schools, Collective Bargaining, & the Constitutional Legacy of NLRB v. Catholic Bishop

Alexander MacDonald

Federalist Society Review, Volume 22

It would be difficult to find a corner of American labor law more anomalous than...

The DC Circuit Reminds the NLRB—Again—That Employers Have a Right to Speak About Unionization

Alexander MacDonald

Can a statute designed to implement the First Amendment somehow protect less speech than the...