Catherwood LibraryILR School

In an unprecedented move, the Justice Department has rejected the position of the NLRB and other federal courts to side with employers in a landmark Supreme Court case. The DOJ is arguing that restricting employees’ abilities to file employment-related lawsuits jointly does not violate workers’ rights to engage in collective action under the National Labor Relations Act. Although the Justice Department initially supported the NLRB’s position, Acting Solicitor General Jeffrey B. Wall stated in a brief that following the change in administrations, the Office of the Solicitor General has reached the opposite conclusion. Reactions to the Justice Department’s move have been mixed, but it is generally believed that that the brief will not affect the Supreme Court’s decision in the pending case.