The National Labor Relations Board's expanded Republican majority reversed its first precedent on Wednesday, nixing a set of discipline tests that gave workers leeway to lose their cool during pickets and other actions the National Labor Relations Act protects.
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THURSDAY, SEPTEMBER 24, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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NLRB Nixes Precedent Shift On Worker Outbursts

By Braden Campbell

The National Labor Relations Board's expanded Republican majority reversed its first precedent on Wednesday, nixing a set of discipline tests that gave workers leeway to lose their cool during pickets and other actions the National Labor Relations Act protects.

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'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

By Lauren Berg

"Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

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NY Judge Dismisses States' DOGE Treasury Data Access Suit

By Rae Ann Varona

A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.

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Nepotism Allegation Can't Sustain Race Bias Suit, Judge Says

By Patrick Hoff

An automotive parts manufacturer does not have to face a Black former employee's lawsuit alleging she was fired for using her cellphone at work while a human resources manager's white daughter evaded discipline, a Michigan federal judge ruled, concluding Wednesday that the worker's nepotism accusations couldn't support race bias claims.

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Delta Anti-Moonlighting Suit Sent Back To Wash. State Court

By MJ Koo

A federal judge has sent a proposed class action accusing Delta Air Lines of barring low-wage workers from holding second jobs back to Washington state court, finding the worker who brought the suit failed to show she suffered a concrete injury that gave the federal court authority to hear the case.

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7th Circ. Skeptical Of UP's Temporal BIPA Contractor Argument

By Lauraann Wood

A Seventh Circuit panel seemed skeptical Wednesday that a government contractor exception in Illinois' biometric privacy law should be applied through a temporal test to determine whether such a contract's mere existence is enough to excuse defendants from the statute's informed consent requirements.

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DISCRIMINATION

Walmart Can't Nix Worker's $300K Retaliation Trial Win

By Grace Elletson

A Washington federal judge declined Wednesday to scrap a $300,000 trial win for a former Walmart employee who claimed she was fired for reporting that her manager failed to shut down sexual harassment, calling the jury's verdict fair amid evidence of her boss' unfair treatment.

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Gay JPMorgan Ex-Worker Claims Discrimination By Supervisor

By Katryna Perera

A gay former employee of JPMorgan Chase sued the bank Wednesday, claiming a supervisor discriminated against him because of his sexual orientation and in response to his work with an LGBTQ+ affinity group at the bank, and told the employee to keep his "gay job" separate from his other work.

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Mail Delivery Co. Strikes Deal In EEOC Sunday Work Suit

By Grace Elletson

A mail delivery contractor agreed to pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit claiming the business demanded a Christian employee work on Sundays, even though he complained those shifts made him miss church.

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Google Ex-Executive Says Bias Led To Layoff

By Benjamin Morse

A former Google sales executive hit the tech giant with a lawsuit in Colorado state court claiming it pushed him out because of his age and retaliated after he complained that his manager was discriminating against him based on his age, sex and religion.

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NJ Bias Case Judge Won't Nix Hospital's NDA Rule Yet

By George Woolston

A New Jersey state judge said it was too early to strike down a hospital's nondisclosure agreement provision for internal investigations in a former director's suit alleging she was the target of a retaliatory investigation.

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WAGE & HOUR

Detainees Push Back On GEO's Bid To Pause Labor Suit

By MJ Koo

Detainees at a Colorado immigration detention facility have pushed back against a prison company's bid to pause their federal forced labor lawsuit before November's trial, arguing the company is treating the U.S. solicitor general's views in a related case as signaling likely Supreme Court intervention.

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LABOR

Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

By Emily Brill

The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

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BENEFITS

Analysis

Circuit Rift On Pension Credit May Catch Supreme Court's Eye

By Kellie Mejdrich

The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

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EXPERT ANALYSIS

Navigating Employer Obligations Under NY Personnel File Law

In light of a New York law that will soon give private sector employees the right to review and comment on their personnel files, employers should understand where their exposure lies and be mindful of where records are stored, and for how long, among other things, says attorney Jason Tenenbaum.

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Tracking Trends In State-Level Regulatory Enforcement

State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

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Opinion

Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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LEGAL INDUSTRY

Tarter Krinsky Data Breach May Have Affected Health Info

By Andrea Keckley

Tarter Krinsky & Drogin LLP said in a letter this month that a data breach last year may have compromised protected health information the firm possessed due to its representation of an unnamed healthcare provider.

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'I'm Tired Of This': Judge Scolds Atty In Romantasy Suit

By Theresa Schliep

A New York federal judge has reprimanded counsel for a writer in a failed copyright infringement lawsuit over the "Crave" book series, insisting the plaintiff answer all questions in a deposition over attorney fees and writing that she was "tired of this" and "indeed being jerked around."

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Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules

By Jeff Overley

The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

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Analysis

Newman's Roadblocks Guide Judicial Conduct Reform Bill

By Dani Kass

The Judicial Conduct and Disability Act has worked well in allowing the judicial branch to govern itself for nearly 50 years, but the ongoing suspension of Federal Circuit Judge Pauline Newman has exposed gaps that could be addressed with newly introduced legislation, attorneys say.

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Senate Confirms Abbott Aide To Texas Federal Bench

By Courtney Bublé

The Senate voted 50-47, along party lines, on Wednesday to confirm Angela Colmenero, deputy chief of staff to Texas Gov. Greg Abbott, to serve on the Southern District of Texas.

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Fed. Panel At Standstill Over ABA Law School Accreditor Role

By Emma Cueto

A key U.S. Department of Education committee deadlocked Wednesday over whether the American Bar Association council responsible for approving law schools should continue as a federally recognized accreditor, tabling the issue until Thursday after different proposals failed to win majority support.

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LAW FIRMS IN TODAY'S NEWS

Bryan Cave Leighton Paisner

Carla D. Aikens PC

Cooley LLP

DJC Law

Doniger Burroughs

Emery Reddy

Federman & Sherwood

Fisher & Phillips

Giskan Solotaroff

Greenberg Traurig

Jennings Haug

Jones Day

Kienbaum Hardy

Klaris Law

Kontnik Cohen

Kowert Hood

Latham & Watkins

Law Office of Jason Tenenbaum

Littler Mendelson

Meritz Reddy

Meyer Law Office

Mooney Green

Morgan Lewis

Norton Rose

Oppenheim & Zebrak

Orrick Herrington

Outten & Golden

Pereira Law Firm

Porzio Bromberg

Proskauer Rose

Reeder McCreary

Schlam Stone

Seyfarth Shaw

Sidley Austin

Smith Eibeler

Tarter Krinsky

Wheeler Trigg

COMPANIES IN TODAY'S NEWS

American Bar Association

Anthropic PBC

Brightline Trains Florida LLC

Delta Air Lines Inc.

FTI Consulting Inc.

Future of Privacy Forum

Getty Images Holdings Inc.

Google LLC

JPMorgan Chase & Co.

Macy's Inc.

Magna International Inc.

Microsoft Corp.

New Civil Liberties Alliance

OpenAI OpCo LLC

Perfection Bakeries Inc.

Quad Graphics Inc.

Transport Workers Union of America

U.S. Chamber of Commerce

Union Pacific Corp.

Walmart Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Privacy Protection Agency

Equal Employment Opportunity Commission

Illinois Supreme Court

Judicial Conference of the United States

National Labor Relations Board

National Mediation Board

National Railroad Passenger Corp.

New Jersey Supreme Court

New York Attorney General's Office

Pension Benefit Guaranty Corp.

Social Security Administration

Texas Office of the Governor

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Postal Service

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Nevada

United States District Court for the Western District of Oklahoma

Washington Attorney General's Office