The Sixth Circuit's recent decision to scrutinize the National Labor Relations Board's evidence of harm when it seeks emergency injunctions signals that courts may give the board a tougher time as they grapple with U.S. Supreme Court precedent eroding the courts' deference to the agency.
More workers will need to limit putative wage and hour collective actions to a single state or seek to bring a wider action where their employer is based or primarily does business, after the Second Circuit joined others in barring out-of-state workers from joining collective actions, attorneys said.
The U.S. Equal Employment Opportunity Commission's decisive trial court victory in its fight for information on the University of Pennsylvania's Jewish employees doesn't mean the school's appeal is futile, experts said, adding that the case could ultimately catch the attention of the U.S. Supreme Court.