A Ninth Circuit panel earlier this week bypassed a chance to weigh in on the relaxed bargaining order standard the National Labor Relations Board announced in 2023, which labor experts said could signal that courts might be more comfortable resting their decisions on more established grounds when possible
The U.S. Supreme Court's decision not to review a Sixth Circuit ruling that set a higher bar for workers to hold employers liable for harassment by clients or customers leaves the door open for more circuits to adopt this alternative legal test, experts said.
The proposed rule that the U.S. Department of Labor unveiled Wednesday advising when multiple employers are jointly liable for wage and hour violations is a scaled-back version of one from President Donald Trump's first administration, to account for the high court's Loper Bright ruling, attorneys said.