Labor

  • December 17, 2025

    The Biggest Labor Decisions Of 2025

    In 2025, the U.S. Supreme Court signaled it is poised to erase National Labor Relations Board members' job protections, and appellate courts weighed in on how easy it should be for employers to block NLRB litigation and what workers should receive when employers violate their rights. Here, Law360 looks at these and more of the biggest labor decisions of 2025.

  • December 17, 2025

    Union, Voter Group Seek To Join DOJ Election Records Case

    A union local, an affiliate and a Black voters advocacy group urged a federal court Tuesday to let them intervene in a U.S. Department of Justice suit seeking election records from Fulton County, Georgia, arguing the DOJ is trying to boost conspiracy theories about the 2020 presidential election.

  • December 17, 2025

    5th Circ. Judges Knock Biden NLRB For 'Gamesmanship'

    Four dissenting Fifth Circuit judges slammed the National Labor Relations Board's "political gamesmanship" Wednesday as the court declined to rethink a panel's decision to enforce a Biden-era board ruling that knocked Exxon for violations the Trump-era board rejected.

  • December 17, 2025

    Unions Sue To Block VA's Labor Contract Cancellations

    A coalition of labor organizations urged a Rhode Island federal court Wednesday to stop the U.S. Department of Veterans Affairs from canceling collective bargaining agreements covering 2,800 federal workers, arguing that the agency failed to provide a valid reason for doing so.

  • December 17, 2025

    Bus Co. Fights Order To Rehire Driver Who Hit Pedestrian

    Bussing contractor Transdev urged a Virginia federal judge to vacate a labor arbitrator's order to rehire a driver fired for striking a pedestrian, arguing the arbitrator made up the high threshold for firing that he found the company failed to meet.

  • December 16, 2025

    Texas Healthcare Co. Asks Court To Shred 4 SEIU Arb. Awards

    A D.C. federal judge should vacate four of the Service Employees International Union's wins in arbitration proceedings against Tenet Healthcare Corp., the Dallas-based company argued, claiming the arbitrator lacked the authority to preside over the dispute because the union had bypassed the normal grievance procedure.

  • December 16, 2025

    EMTs Fight To Preserve Bias Suit Against FDNY

    Two union-represented emergency medical service workers are fighting to keep their discrimination lawsuit against the New York City Fire Department alive, telling a New York federal court that newly acquired evidence supports their claims of disparate treatment in the department's promotion process.

  • December 16, 2025

    Meta's Nonsolicitation Pact Faces Labor Board Challenge

    National Labor Relations Board prosecutors have accused Meta of violating federal labor law through its use of nonsolicitation agreements in its employment contracts.

  • December 16, 2025

    Full 9th Circ. To Review Union Work Dispute Precedent

    The full Ninth Circuit is set to rethink precedent on the National Labor Relations Board's power to vet competing claims for work after taking up two challenges Tuesday to a June decision that revived a rival union's pursuit of jobs held by International Association of Machinists members.

  • December 16, 2025

    Unions Argue Challenge To DOGE's Data Access Is Still Valid

    The Trump administration's claim that a lawsuit against the Department of Government Efficiency is moot is a strategy to avoid litigation, not a legitimate argument, a group of unions told a New York federal judge, saying their challenge to DOGE's data access can proceed because DOGE remains operating.

  • December 16, 2025

    Willkie Adds Another Kirkland Restructuring Pro In New York

    Willkie Farr & Gallagher LLP has added another restructuring attorney from Kirkland & Ellis LLP after recently welcoming a Kirkland attorney as chair of its restructuring group.

  • December 15, 2025

    Labor Law Professors Defend California's NLRB Fill-In Law

    Two dozen labor law professors have joined California and the Teamsters in federal court to defend a state law expanding its labor board's powers, saying the National Labor Relations Act shouldn't preempt the law because circumstances have changed since the NLRA's broad preemption doctrine was established.

  • December 15, 2025

    Judge Tosses Ex-Delta Worker's 'Bare-Bones' Breaks Suit

    A Washington federal judge tossed a proposed class action accusing Delta Air Lines of understaffing that forced workers to miss meal and rest breaks, ruling on Monday that the plaintiff's "bare-bones allegations" were insufficient to allow the suit to proceed.

  • December 15, 2025

    Full 5th Circ. Denies Nexstar's Bid To Overturn Union Order

    The full Fifth Circuit declined to reconsider a panel decision to back a National Labor Relations Board order requiring Nexstar to start bargaining with a newly installed Communications Workers of America affiliate at two of its Denver television stations.

  • December 15, 2025

    UCFW Fights Challenge To Delegate-Allocation System

    The United Food & Commercial Workers asked a D.C. federal judge to toss two union members' challenge to the union's system of allocating convention delegates, saying the system complies with federal labor law and the members should challenge it at the convention if they want to change it.

  • December 15, 2025

    NY AG Says UPS Was Grinch With Seasonal Workers' Wages

    UPS "played the Grinch" by failing to pay seasonal workers it hires between October and January for work they performed outside their shifts, leading to millions in unpaid wages and overtime, New York Attorney General Letitia James said Monday.

  • December 12, 2025

    Fired MSPB Member Urges Full DC Circ. To Rehear Case

    A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.

  • December 12, 2025

    Delta Retirees' Pension Dispute Paused For Mediation Efforts

    A Nevada federal judge Thursday froze a proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts, giving the airline and the former workers behind the suit a chance to try and reach a deal. 

  • December 12, 2025

    Healthcare Co.'s Noncompete Too Broad, NLRB Judge Says

    A Michigan healthcare staffing company violated federal labor law by requiring its phlebotomists to sign employment agreements containing overly broad and restrictive provisions, a National Labor Relations Board judge has determined.

  • December 12, 2025

    NLRB Asks Calif. Judge To Follow Colleague On Fill-In Law

    A California federal judge should follow his New York colleague's lead and hold that states likely cannot let their labor boards fill the National Labor Relations Board's shoes if the NLRB is faltering, the NLRB argued, saying "profound labor relations instability" could result if courts begin endorsing such laws.

  • December 12, 2025

    2nd Circ. Remands $100K Award To Fired Atty In Bias Case

    A Second Circuit panel vacated a $100,000 charging lien awarded to an attorney who represented a man who sued Marriott International Inc. for race-based harassment, agreeing that the lawyer was fired without cause but finding that the lower court appeared not to address several arguments in favor of a lower amount.

  • December 12, 2025

    4 Big ERISA Litigation Developments From 2025's 2nd Half

    The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.

  • December 11, 2025

    NLRB Judge Tosses Case Against 'Memphis 7' Starbucks

    An administrative law judge has determined that Starbucks didn't violate the National Labor Relations Act when it surveilled employees' union activities, more strictly enforced its punctuality policy and disciplined a union employee at a store that illegally fired seven activists in 2022.

  • December 11, 2025

    NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project

    A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.

  • December 11, 2025

    A 'Lost Year': Lawyers Look Back At NLRB Without A Quorum

    Labor attorneys have spent the last year in a holding pattern as they counsel clients on dealing with a National Labor Relations Board that has gone the bulk of 2025 without enough members to decide cases. 

Expert Analysis

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

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