Littler Mendelson released on May 13 a summary of significant employment and labor law decisions from the federal courts of appeal during April 2026. The report highlights recent rulings affecting union organizing, retaliation claims, disability discrimination, overtime exemptions, bonus plan classification, employee speech protections, and arbitration agreements.
These developments matter to employers and employees because they clarify how courts are interpreting laws like the National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, the Rehabilitation Act, the Fair Labor Standards Act (FLSA), and the Employee Retirement Income Security Act (ERISA). Understanding these rulings helps organizations comply with regulations and guides workers on their rights under current legal standards.
Among notable cases is Starbucks v. NLRB in which the Fifth Circuit vacated an order from the National Labor Relations Board concerning company subpoenas issued during a union organizing campaign. The court found that “the test for Section 8(a)(1) liability is whether an employer’s conduct would ‘tend to be coercive’ when considered ‘within the totality of circumstances surrounding the occurrence at issue,’” rather than using a discovery-focused balancing test regarding confidentiality interests.
In Dominguez v. Weiser Security Services before the Tenth Circuit, summary judgment was affirmed for an employer facing a Title VII retaliation claim after terminating an employee who had complained about gender discrimination. The court emphasized that plaintiffs must show decisionmakers knew about protected activity or were influenced by someone who did.
Other cases include Lewis v. Indiana Department of Transportation where the Seventh Circuit upheld dismissal of disability discrimination claims due to insufficient evidence that termination was solely based on disability; Stingley v. Laci Transport consolidating FLSA class actions where overtime exemption applied; Milligan v. Merrill Lynch Pierce Fenner & Smith affirming a bonus plan as ERISA-exempt; Oncor Electric Delivery Co. LLC v. NLRB clarifying limits on NLRA protection for disparaging testimony not tied to labor disputes; and O’Dell v. Aya Healthcare Services in which arbitration agreements were upheld as enforceable under federal law.
The review provides legal professionals with updated interpretations from appellate courts which may influence future workplace policies and litigation strategies.
