Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for November 2025, (Dec 2, 2025)
Organizations Mentioned:U.S. Department of Labor
By Ronald Miller, J.D.
In case you missed the in-depth coverage of Labor & Employment Law Daily during November, here’s a recap of some key developments in the L&E community.
Highlights include:
In the Supreme Court: The High Court, on November 3, heard oral argument in Hencely v. Flour Corp., a case concerned with whether the Federal Tort Claims Act’s combatant-activities exception applies to preempt a state tort claim brought against a military contractor based on the conduct of one of the contractor’s employees—a suicide bomber. On November 5, the AFL-CIO and the Office and Professional Employees (OPEIU), filed a motion to intervene with the Supreme Court in Space Exploration Technologies Corporation v. National Labor Relations Board, to defend the NLRB’s authority and to protect workers’ ability to seek justice for labor law violations with the agency.
Federal courts of appeals: The Second Circuit found that the lower court’s attorneys’ fees reduction in a Vermont employment case improperly relied on proportionality. The Fifth and Sixth Circuits held that the NLRB lacks authority to award Thryv remedies.
Also of note: In a Florida case, a transgender police officer, fired after a misgendering complaint, moves ahead with some claims. A Massachusetts court declined to issue a TRO against dismantlement of the Justice Department’s CRS, established under the Johnson administration.
Agency News. The U.S. Department of Labor announced the Senate confirmation of seven senior leaders appointed by President Trump. DHS published a proposed rule regarding use of biometrics in immigration.
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