Labor

  • 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. 

  • December 11, 2025

    High Court Arb. Jurisdiction Case May Impact W&H Cases

    The U.S. Supreme Court's decision to take up a case about federal jurisdiction over the final say on arbitration awards is a technical battleground that may reaffirm state court power over such agreements, including those involving wage and hour claims, experts say.

  • December 11, 2025

    RLA Doesn't Confer Arb. Right Without Union, NY Judge Says

    The Railway Labor Act doesn't give airline workers the right to compel arbitration against their employers before a System Board of Adjustment if their union isn't representing them, a New York federal judge ruled, tossing a fired United Airlines technician's bid to compel arbitration without a Teamsters local's involvement.

  • December 11, 2025

    NJ Cannabis Co. Challenges Law Requiring Deal With Unions

    A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.

  • December 10, 2025

    Gov't Urges Justices To Review ERISA Pleading Standard Split

    The U.S. solicitor general and the solicitor of labor said the U.S. Supreme Court needs to clarify that workers must back their suits targeting underperforming retirement funds with proper comparison proof, urging the justices to take up a case taking aim at Parker-Hannifin Corp.'s retirement plan management.

  • December 10, 2025

    Judge Weighs Security Claims In Federal Bargaining Case

    A D.C. federal judge declined to immediately reinstate collective bargaining agreements for U.S. Patent and Trademark Office and National Weather Service employees Wednesday, saying the case brought by the workers was more "complicated" and "difficult" than other federal worker bargaining suits he'd recently enjoined.

  • December 10, 2025

    AFA-CWA Must Face Conspiracy Claims From SkyWest Group

    The Association of Flight Attendants must keep facing allegations that it conspired with SkyWest workers to access confidential information held by SkyWest's employee group during an organizing drive, a Utah federal judge has ruled, preserving the SkyWest Inflight Association's conspiracy counterclaims against the Communications Workers of America-affiliated union.

  • December 10, 2025

    Minneapolis Schools' Teacher Layoff Policy Biased, DOJ Says

    The U.S. Department of Justice told a Minnesota federal court that Minneapolis Public Schools has union-negotiated rules that give employees from underrepresented backgrounds an illegal leg up when decisions about layoffs are made.

  • December 10, 2025

    6th Circ. Mulls NLRB's Injunction Burden After Justices' Tweak

    A Sixth Circuit panel on Wednesday probed a judge's inference that Michigan hospital workers would suffer without an order making their employer resume dealing with their union in the circuit's first National Labor Relations Board injunction case since the U.S. Supreme Court altered the courts' test last year.

  • December 10, 2025

    Utah Lawmakers Repeal Public-Sector Bargaining Ban

    The Utah Legislature has voted to repeal a controversial bill that banned public-sector unions from collective bargaining, a move that comes after months of backlash from labor unions.

  • December 10, 2025

    4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight

    The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.

  • December 10, 2025

    Unions Push For New Block On Federal Worker Layoffs

    A California federal judge who blocked State Department layoffs set for Dec. 5 should halt the government from dismissing any Education and State Department employees until Jan. 30, a union coalition argued, saying Congress set that timeline in its appropriations bill and the government is trying to defy it.

  • December 09, 2025

    7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit

    A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.

  • December 09, 2025

    Ohio Clinic Beats Firing Case Before NLRB Judge

    An Ohio addiction treatment clinic's 2022 firing of a receptionist didn't violate federal labor law, a National Labor Relations Board judge ruled Tuesday, finding that a pair of letters the receptionist co-signed about work conditions that year didn't factor into her dismissal.

  • December 09, 2025

    United Says Labor Contract Pushes Wage Row To Arbitration

    Federal labor law requires United Airlines Inc. flight attendants to arbitrate their proposed wage class action, the airline told a New Jersey federal court, saying resolution of the claims hinges on the parties' collective bargaining agreement.

  • December 09, 2025

    NJ Builder Says Court Can Decide Tunnel Labor Row

    The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

  • December 09, 2025

    Ind. Casino Workers Vote For Teamsters After 7-Week Strike

    Workers at an Indianapolis casino have voted for representation by a Teamsters unit, ending a seven-week strike demanding that the casino recognize the unit as their representative.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.