Labor & Employment Law Practice Group

The Incoherence of the Biden Administration’s Labor-Market Policies

The Biden administration is pushing two irreconcilable theories about labor markets. One theory argues that...

Going Rogue: The EEOC Quietly Uses FOIA To Penalize Employers For Adopting Lawful Employment Arbitration Programs

Christopher C. Murray, Lorenzo B. Riboni

Anecdotal reports from employers around the country indicate that regional offices of the United States...

The Radicalism of Jennifer Abruzzo’s Free Speech Doctrine

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

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...