The current edition
Courts & Justice
Courts and Justice follows employment and labor litigation from docket to decision: NLRB rulings, appeals court arguments, Supreme Court grants and the agency actions that end up tested in court. Outcomes are reported, never predicted.
Labor and employment cases from dockets to decisions, plus the agencies and judges who shape workplace law.
Courts & Justice
How a federal workplace rule gets made: the notice-and-comment pipeline
An OSHA exposure limit or a DOL overtime threshold becomes binding law through the Administrative Procedure Act's notice-and-comment process — a published proposal, a public docket, and a reasoned final rule.
By James Wellington
Courts & Justice
How union democracy litigation works under federal law
The Landrum-Griffin Act gives union members a bill of rights and two enforcement tracks — an internal appeals route, then the Labor Department's civil suit system — with strict deadlines on each.
By James Wellington
Courts & Justice
What arbitration agreements bind — and what they cannot touch
A signed arbitration agreement sends most employment disputes to a private forum, but the scope of what it binds runs through federal statute and stops at the courthouse door for certain claims.
By James Wellington
Courts & Justice
What agency deference means after Loper Bright, explained through workplace law
The Supreme Court's 2024 decision overruled Chevron and told judges to exercise independent judgment on statutory meaning; the change lands hardest where agencies like the NLRB and DOL write the rules that govern work.
By Imani Brooks
Courts & Justice
Why the federal circuits disagree about employment law — and how splits close
Twelve regional courts of appeals apply the same federal statutes, and their disagreements over meaning can leave the same conduct lawful in one region and unlawful in another until the Supreme Court intervenes.
By James Wellington
Courts & Justice
How the Supreme Court reviews a labor statute: four decisions that built the frame
The Court does not re-run an NLRB case; it polices the boundary lines of the statute itself, and four landmark rulings from 1937 to 1992 still define where Congress drew them.
By James Wellington
Courts & Justice
How an EEOC lawsuit proceeds, from charge to consent decree
Before any employment-discrimination case reaches a federal courtroom, it passes through the Equal Employment Opportunity Commission's charge system, which processes tens of thousands of discrimination charges each fiscal year.
By James Wellington
Courts & Justice
How a wage case becomes a class action in federal court
Two parallel machines exist for grouping wage claims — the FLSA collective action and the Rule 23 class action — and the choice between them decides how workers join, opt out, and get paid.
By James Wellington
Courts & Justice
How an employer contests an OSHA citation, step by step
A citation is a proposal, not a final penalty, and the Occupational Safety and Health Review Commission — not OSHA — holds the last word when an employer fights it.
By Imani Brooks
Courts & Justice
How an unfair labor practice case moves through the NLRB
From the filing of a charge to a federal court of appeals, the National Labor Relations Board's enforcement pipeline follows a fixed sequence that both workers and employers should understand.
By James Wellington