Labor

  • November 02, 2026

    Split NLRB Backs Union Election Order At Chemical Co.

    A split National Labor Relations Board panel has upheld a decision directing a union representation election at a Texas chemical plant, with a dissenting panel member saying the majority ignored evidence of the discretion the company's work group leads use in abnormal situations when concluding that they aren't supervisors.

  • November 02, 2026

    Fired Worker Asks 6th Circ. To Revive Race Bias Suit

    A Michigan federal judge improperly cleared a construction company of allegations that it discriminatorily fired a union-represented Black employee for punching a co-worker, the ex-worker told the Sixth Circuit, saying racial bias clearly factored into the company's decision-making because it kept on the white worker who started the fight.

  • November 02, 2026

    Truck Dealership Bargained In Bad Faith, NLRB Judge Says

    A truck dealership operator and two linked staffing companies violated federal labor law by bargaining in bad faith with a United Auto Workers local, withdrawing recognition from the union at an Illinois dealership and firing four workers who participated in a strike, a National Labor Relations Board judge has found.

  • November 02, 2026

    Union Backs NLRB Bid To Force NJ Rehab Center To Bargain

    A healthcare workers union urged a New Jersey federal judge to grant the National Labor Relations Board's bid for an injunction forcing a rehab center to bargain, panning the employer's claim it didn't know two workers were union supporters when it fired them hours after they made a demand for recognition.

  • November 02, 2026

    Union, Groups Challenge Trump's 'Noncitizen' Ballot Demand

    A labor union and two voter advocacy groups have asked a Washington federal court to stop President Donald Trump's administration from pressuring state election officials to set aside ballots from about 400 registered voters federal agencies believe are or were noncitizens.

  • November 02, 2026

    Teamsters Local Sued Over Boston Convention Job Walkout

    A trade show services company accused a Teamsters local in Massachusetts federal court of striking in violation of their labor contract and pressuring an event organizer to hire a competitor for a Boston convention, allegedly violating federal labor law and costing the company a contract.

  • November 02, 2026

    Trump Admin Seeks Revival Of Blocked Fixed-Term Visa Rule

    The Trump administration has told a Massachusetts federal court that its currently blocked final rule setting firm duration limits on foreign student and press visas is critical for national security, while education groups and labor unions said the court's prior analysis "needs no retreading."

  • November 02, 2026

    Longtime NLRB Vet Tapped As Board Advisory Atty

    A longtime National Labor Relations Board attorney who most recently served as acting chief of staff to Chairman James Murphy will take over as solicitor to the board, leading an office that provides legal guidance to the adjudicatory side of the agency, the board announced Monday.

  • November 02, 2026

    NLRB Judge Tosses Case Against YWCA In Wash.

    A YWCA in Olympia, Washington, restructured its operations in 2024 because it was "bleeding money," not because it wanted to push out four rabble-rousers, a National Labor Relations Board judge said, clearing the community center of an allegation that it violated federal labor law.

  • November 02, 2026

    Full 5th Circ. To Hear Trader Joe's COVID Retaliation Case

    The Fifth Circuit agreed to reconsider a panel ruling that backed a National Labor Relations Board decision finding Trader Joe's unlawfully disciplined a Texas employee for advocating for stronger COVID-19 safety protections and later fired her for filing labor board charges.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • October 30, 2026

    OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

    A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artificial intelligence-generated answers as distinct acts rather than trying to resolve them under a single fair-use ruling.

  • October 30, 2026

    NLRB Official Greenlights Decert. Vote Due To Dateless CBA

    A union decertification election can move forward at a waste management facility in Houston, a National Labor Relations Board official held, rejecting a Teamsters local's argument that an active union contract in place at the facility bars the election.

  • October 30, 2026

    NLRB GC Says Case Handling Changes Have Cut Backlog

    So far this year, National Labor Relations Board regional offices have determined the merits of more than 10,600 unfair labor practice cases that were pending at the time general counsel Crystal Carey took office in January, Carey announced Friday while cautioning that more work remains to be done on the backlog of cases at the agency.

  • October 30, 2026

    NLRB Keeps Inventory Techs In Warehouse Co. Union Vote

    The National Labor Relations Board upheld a decision to count the votes of three inventory control technicians in a union representation election at an Illinois warehousing and logistics company, with one board member indicating he would find the technicians lacked a community of interest with the proposed unit of employees.

  • October 30, 2026

    Nuclear Cleanup Co.'s Firings Unlawful, NLRB Judge Says

    A company that cleans a U.S. Department of Energy nuclear research site in Tennessee violated federal labor law by firing two workers who engaged in union activity, a National Labor Relations Board judge has ruled, ordering the company to rehire the workers with back pay.

  • October 30, 2026

    Calif. Forecast: High Court Weighs 'Headless' PAGA Claims

    In the week ahead, attorneys should watch for California Supreme Court oral arguments on whether employees can bring claims under the state's Private Attorneys General Act on behalf of only other workers and not themselves. Here's a look at that case and other labor and employment matters on deck in the state.

  • October 30, 2026

    NY Forecast: Judge Weighs Tossing VA Sex Bias Suit

    In the week ahead, a New York federal judge will consider the U.S. Department of Veterans Affairs' bid to dismiss a former employee's suit claiming she was discriminated against on the basis of her sex, denied overtime and passed over for better working opportunities.

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Union Sues IRS Over Termination Of Workers' Contract

    The Internal Revenue Service violated federal law by terminating its collective bargaining agreement with a union representing the agency's employees in light of a 2025 executive order from President Donald Trump, the union has claimed in a lawsuit filed in Massachusetts federal court.

  • October 29, 2026

    NLRB Backs Tesla In Workplace Tech Rule Row

    Tesla did not unlawfully maintain a workplace rule restricting the use of its technology at a New York manufacturing plant where employees were organizing, the National Labor Relations Board has found, applying a 2019 ruling the board's former top prosecutor sought to revisit.

  • October 29, 2026

    Nursing Home Says Union Too Late To Arbitrate Grievance

    A Service Employees International Union affiliate's tardiness while challenging a nursing home employee's firing barred the union's grievance from arbitration, the nursing home argued in Minnesota federal court, asking the judge to toss the union's bid to compel arbitration.

  • October 29, 2026

    Teamsters Local Says Nonprofit Can't Avoid Arbitration Award

    A Teamsters local asked a Mississippi federal judge to enforce an arbitration award over the firing of a Head Start teacher assistant, arguing that her employer cannot dodge the ruling by claiming the dispute was never subject to arbitration.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Groups Drop Suit Over Trump's DEI Mandate For Contractors

    A coalition of organizations ended their challenge of an executive order from President Donald Trump that requires government contractors to disavow "racially discriminatory DEI activities," stating that while they lost their bid to freeze the order, they gained crucial clarity from the court about the directive's scope.

Expert Analysis

  • Defending Hospital Antisteering Clauses From DOJ Scrutiny

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    The Trump administration has recently made clear that pursuing antitrust challenges to antisteering provisions in hospital-insurer contracts is a priority — but a review of similar cases against hospital systems and important precedent from the U.S. Supreme Court illuminates some potential defenses in such cases, says Derek Moore at Rule Garza.

  • Flashpoints In Focus: Navigating Anti-American Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission encouraging workers to file charges alleging national origin discrimination against Americans, employers should separate political disagreement from protected status discrimination, and carefully examine language- and visa-related practices, say attorneys at Seyfarth Shaw.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • NY Severance Rules Persist Despite McLaren Macomb Threat

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    Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

  • Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks

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    Spirit Airlines' planned sale of deidentified business data to Google for artificial intelligence training exposes gaps in the Bankruptcy Code's privacy guardrails, particularly for employee information, say attorneys at Patterson Belknap.

  • NLRB Memo Signals Narrower View Of Protected Activism

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    A recent National Labor Relations Board memo concluding that Microsoft lawfully discharged two employees who conducted a pro-Palestinian protest on company property indicates that the current NLRB general counsel may take a more restrictive view of when political or social advocacy qualifies as protected activity, say attorneys at Franczek.

  • Visa Ruling Exposes APA Risks For DHS Grace Period Repeal

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    Four defects described in a September district court decision halting the U.S. Department of Homeland Security's new restrictions on student visas as arbitrary and capricious under the Administrative Procedure Act can also be seen in the agency's recent proposal to eliminate a long-standing grace period for laid-off skilled foreign workers, says Jun Li at Reid & Wise.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.