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Saturday, March 7, 2026

STRATEGIC PERSPECTIVES—Top labor and employment developments for February 2026 - VitalLaw.com

In case you missed the in-depth coverage of Labor & Employment Law Daily during February, here’s a recap of some key developments in the L&E community.

  • At the Supreme Court: The High Court affirmed the judgment of the Tenth Circuit that it lacked jurisdiction over the immediate appeal of a federal contractor’s Yearsley defense. Also, the Court held that the International Emergency Economic Powers Act did not authorize the power for President Trump to impose tariffs.

  • Federal courts of appeals: The Second Circuit ruled that a district court properly enforced NLRB administrative subpoenas in protracted ULP enforcement proceedings. In a question of first impression for any of the circuits, the Second Circuit held that an employer was entitled to a $1.8 million reduction in its withdrawal liability that had been assessed by a pension plan from which it withdrew after its covered employees voted to leave a union and become members of a different union. Additionally, the Fifth Circuit sanctioned an attorney for using AI to draft a reply brief without independently verifying accuracy.

  • Also of note: Missouri’s challenge to Starbucks DEI policies failed for lack of standing. In an Ohio case, an IT employee was found to be an overtime-exempt computer employee under FLSA. A Connecticut employment attorney was sanctioned for filing a brief containing fake AI-generated quotes.

  • Federal Regulations: The Office of Personnel Management announced a much-anticipated final rule that...



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