Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for March 2026, (Apr 3, 2026)
Organizations Mentioned:Labor and Employment
By Brandi O. Brown, J.D.
In case you missed the in-depth coverage of Labor and Employment Law Daily during March, here’s a recap of some key developments in the L&E community.
Highlights include:
At the Supreme Court: The High Court heard multiple arguments in March having to do with the Federal Arbitration Act. In Flowers Foods v. Brock it heard arguments on whether workers who deliver goods locally—after those goods have traveled interstate—qualify as “transportation workers” engaged in interstate commerce for purposes of exemption. In Jules v. Andre Balazs Properties, it heard argument about the jurisdictional analysis to apply when a court initially exercises jurisdiction over an underlying dispute, stays the case pending arbitration, and is later faced with an application to confirm or vacate an arbitration award in that case.
In the federal courts of appeals: In March, the Sixth Circuit determined that the NLRB’s creation of the Cemex standard was not a lawful exercise of adjudicatory authority and the Fourth Circuit held that private parties may not prospectively shorten the time Congress has given employees to sue their employers under Title VII or the ADEA.
Also of note: Also in March, the EEOC upheld denial of coverage for gender-affirming care for federal employees in a federal sector appeal and it also allowed federal employers to exclude “trans-identifying” workers from “opposite-sex” facilities. Meanwhile, DOL axed the 2024 ERISA fiduciary rule, restoring the five-decades-old five-part test.
MainStory: SupremeCourtNews AgencyNews PensionBenefitPlans BenefitsNews ClassActions PublicEmployees Layoffs SexDiscrimination RaceDiscrimination Discrimination DisabilityDiscrimination FederalRegulations Labor UnionsMembers WageHour Exemptions Arbitration Procedure RemediesDamages WhiteHouseNews AINews