The Second Circuit's recent decision to reject the National Labor Relations Board's latest test of dress codes that restrict union displays shows that its foundational policies are vulnerable as judges grapple with the U.S. Supreme Court's command to scrutinize agencies' legal views.
The D.C. Circuit on Tuesday left intact the dismissal of a race discrimination case brought by a former sales director for a senior care company, though one judge cautioned courts against discounting harassment evidence because the conduct wasn't directed at the employee bringing the claim.
The Federal Aviation Administration received pushback on a proposal to preempt state and local meal and rest break requirements for flight attendants, including an International Brotherhood of Teamsters argument that preemption is up to the courts, though Republican attorneys general backed the proposal.