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Wednesday, May 27, 2026

The NLRB's New Employee Handbook Ruling Throws The Gauntlet At The Supreme Court - Above the Law

The Supreme Court’s overruling of affirmative action and Biden’s student loan forgiveness were sandbag cases that got a lot of media coverage, but they weren’t the only important ones. There were a couple sleeper cases that will have yet unknown consequences for fundamental aspects of American life. What will public health and environmentalism look like after Sackett? How will artists take inspiration after Warhol? I think that one of the larger sleeper opinions comes from Glacier. In it, the Supreme Court bypassed a federal law that gives the National Labor Relations Board first crack at work conflicts so that a company could sue striking employees in court. In dissent, Justice Jackson wrote that the decision was a strong blow to workers’ right to organize, specifically the right to strike. The NLRB just ruled on an issue that is likely to lead to litigation over laws whose meaning and limits have already been murked by the Supreme Court. From Law360:

The National Labor Relations Board issued a split ruling Wednesday ramping up its scrutiny of workplace rules, such as policies on recording and confidentiality, reversing a Trump-era decision that made it easier for employers to defend policies against claims they stifle labor rights.

A majority comprising the board’s three Democrats said employer handbook policies violate the National Labor Relations Act if they have a “reasonable tendency” to dissuade workers from engaging in organizing activity, such as making...



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