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
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: Decided
View CaseFifth 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. Chamber files coalition amicus brief urging Fifth Circuit to hold that the federal contractor minimum wage mandate exceeds the authority granted the Executive Branch under the Procurement Act.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.U.S. Supreme Court: Decided
View CaseSupreme Court holds that employers need only meet the preponderance-of-the-evidence standard to show exemptions from the Fair Labor Standards Act. The U.S. Chamber filed two coalition amicus briefs in support of this result.U.S. Chamber files coalition amicus brief urging Supreme Court to hold that the default preponderance of the evidence standard governs Fair Labor Standards Act exemptions.Texas Supreme Court: Decided
View CaseTexas Supreme Court grants rehearing and agrees to consider on the merits whether the Railway Labor Act preempts state-law claims that require interpretation of a collective bargaining agreement. The U.S. Chamber filed amicus briefs supporting this outcome.U.S. Chamber files letter urging Texas Supreme Court to consider its petition-stage amicus brief and hold that the Railway Labor Act preempts state-law claims that require interpretation of a collective bargaining agreement.U.S. Court of Appeals for the Eleventh Circuit: Pending
View CaseU.S. Chamber files coalition amicus brief urging Eleventh Circuit to hold that the plaintiffs, who are independent contractors, have standing to challenge the Department of Labor’s Independent Contractor Rule.U.S. Supreme Court: Pending
View CaseU.S. Chamber files coalition amicus brief urging Supreme Court to hold that an ERISA plaintiff bringing a prohibited-transaction claim must allege facts supporting a plausible inference of wrongdoing to survive a motion to dismiss and proceed to discovery. The U.S. Chamber previously filed an amicus brief when this case was before the Second Circuit.Washington Supreme Court: Pending
View CaseU.S. Chamber files amicus brief urging Washington Supreme Court to hold that only applicants actually seeking an offer of employment can bring claims for lack of pay disclosure under state’s Equal Pay and Opportunities Act.