Labor and Employment
The U.S. Chamber promotes workplace policies that enhance economic growth and job creation. To that end, the Litigation Center regularly challenges aggressive, atextual expansion of federal statutes, as well as attempts by the plaintiffs’ bar to expand liability on worker classification, wage and hour, and discrimination issues.
The Litigation Center also pushes back against overreach by the NLRB to protect the rights of workers and employers. And in state courts, the Litigation Center actively defends employer free speech and flexible employment models that offer opportunities for independent workers and small businesses.
Latest Content
Pennsylvania Superior Court: Pending
View CaseU.S. Chamber files coalition amicus brief urging Pennsylvania Superior Court to enforce employment arbitration agreement and reject heightened consent requirement for such agreements.U.S. Court of Appeals for the Second Circuit: Pending
View CaseU.S. Chamber files amicus brief urging Second Circuit to hold that Federal Arbitration Act carveout for sexual-harassment claims does not exempt unrelated claims brought together in the same lawsuit.U.S. District Court for the District of Columbia: Decided
View CaseIntervention in defense of 2020 NLRB Joint Employer Rule
District court grants U.S. Chamber coalition motion to withdraw intervention.District court grants joint NLRB/SEIU motion to stay. The U.S. Chamber filed a coalition intervenor brief in defense of the National Labor Relations Board final rule defining “joint employers”U.S. Court of Appeals for the Third Circuit: Decided
View CaseThird Circuit holds that Federal Arbitration Act carveout for sexual-harassment claims does not apply because plaintiff’s claims arose before carveout’s effective date. The U.S. Chamber filed a coalition amicus brief urging the court to hold that the carveout does not exempt all sex-discrimination claims from mandatory arbitration.U.S. Chamber files coalition amicus brief urging Third Circuit to hold that narrow carveout to the Federal Arbitration Act for sexual-harassment claims does not exempt other sex-discrimination claims outside that context.U.S. Court of Appeals for the D.C. Circuit: Pending
View CaseU.S. Chamber files amicus brief urging DC Circuit to hold that Members of the National Labor Relations Board are removable at will by the President.U.S. Court of Appeals for the Fifth Circuit: Decided
View CaseFifth Circuit vacates panel opinion and district court judgment as moot.Fifth Circuit upholds executive order setting minimum wage for federal contractors as a lawful exercise of the president’s authority under the Procurement Act. The U.S. Chamber filed an amicus brief arguing that the order exceeded the president’s authority.U.S. Court of Appeals for the Eleventh Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging the Eleventh Circuit to hold that the National Labor Relations Board violated the First Amendment when it found that employers who hold mandatory meetings to discuss unionization commit an unfair labor practice.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging Ninth Circuit to grant rehearing and hold that National Labor Relations Act precludes any award of monetary damages beyond backpay.U.S. Supreme Court: Pending
View CaseU.S. Chamber files amicus brief urging Supreme Court to grant certiorari and reject California court’s expansive assertion of personal jurisdiction in action seeking to void out-of-state noncompete agreement.U.S. Court of Appeals for the Fourth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging Fourth Circuit to hold that beneficiaries of defined-contribution plans seeking individualized damages may not be certified for mandatory class treatment under Rule 23(b)(1) with no notice and opt-out opportunity.U.S. Court of Appeals for the Second Circuit: Decided
View CaseSecond Circuit affirms district court's dismissal of plaintiffs' per se Sherman Act antitrust claim. The U.S. Chamber filed an amicus brief supporting this outcome.U.S. Chamber submits amicus brief urging Second Circuit to affirm district court’s application of the ancillary restraints doctrine to dismiss plaintiffs’ per se Sherman Act claim.U.S. Court of Appeals for the Fifth Circuit: Decided
View CaseFifth Circuit concludes that district court did not effectively deny SpaceX’s motion for a preliminary injunction and dismisses appeal for lack of jurisdiction. The Court did not address SpaceX’s argument that the NLRB’s in-house unfair labor practice proceedings violate the Seventh Amendment, which was the issue addressed in the U.S. Chamber’s amicus brief.U.S. Chamber files amicus brief urging Fifth Circuit to hold that NLRB’s in-house unfair labor practice proceedings violate the Seventh Amendment.Pennsylvania Supreme Court: Pending
View CaseU.S. Chamber files coalition amicus brief urging Pennsylvania Supreme Court to grant review and hold that franchisors are not vicariously liable for the torts of franchisees and their employees.U.S. Supreme Court: Decided
View CaseSupreme Court holds that a plaintiff's voluntary dismissal without prejudice under Rule 41(a) constitutes a "final proceeding" from which the plaintiff may seek relief under Rule 60(b). The U.S. Chamber filed an amicus brief arguing that relief is not available in these circumstances, to promote finality in litigation and deter nuisance motions.U.S. Chamber files amicus brief urging Supreme Court to hold that a plaintiff’s voluntary dismissal of his complaint under Rule 41 is not a “final judgment, order, or proceeding” from which the plaintiff may seek relief under Rule 60.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging the Ninth Circuit to correct the trial court’s failure to apply any degree of First Amendment scrutiny to a City of Seattle ordinance compelling app-based businesses to announce policies and make disclosures of the City’s choosing regarding courier deactivations.U.S. Court of Appeals for the Ninth Circuit: Pending
View CaseU.S. Chamber files amicus brief urging the Ninth Circuit to correct the trial court’s failure to apply any degree of First Amendment scrutiny to a City of Seattle ordinance compelling app-based businesses to announce policies and make disclosures of the City’s choosing regarding courier deactivations.U.S. District Court for the Southern District of Ohio: Pending
View CaseU.S. Chamber files amicus brief urging district court to strike down discriminatory Ohio law prohibiting campaign contributions by corporations but allowing such contributions by labor unions.Maryland Supreme Court: Pending
View CaseU.S. Chamber files coalition amicus brief urging Maryland Supreme Court to recognize de minimis exception to state wage-and-hour law for short periods of time spent going through security screening.U.S. Court of Appeals for the Eighth Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging Eighth Circuit to reject state officers’ tactical disavowal of enforcement of challenged captive audience law.U.S. Court of Appeals for the Fifth Circuit: Pending
View CaseFTC appeal of Chamber victory over FTC Noncompete Rule banning noncompete agreements nationwide
U.S. Chamber coalition files response brief urging Fifth Circuit to affirm decision holding unlawful and setting aside FTC’s Noncompete Rule.