Labor

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    NY Labor Contracts Don't Clash With H-2A Laws, Judge Says

    A New York magistrate judge on Thursday recommended rejecting a bid to block the state from imposing a union contract covering agricultural workers at three farms, ruling the farms fell short in showing a likelihood of success on their claims or of irreparable harm.

  • September 24, 2026

    Ogletree Lands New GC From Cooley In NY

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has tapped Cooley LLP's deputy general counsel to serve as its legal leader, the firm announced Thursday.

  • September 24, 2026

    Litigation Spending To Keep Climbing While Biz Risks Mount

    Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

  • September 23, 2026

    Circuit Rift On Pension Credit May Catch Supreme Court's Eye

    The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

  • September 23, 2026

    NLRB Guards Atty-Client Docs From Union Info Requests

    Employers do not need to disclose communications protected by attorney-client privilege to unions as part of information requests, the National Labor Relations Board held Wednesday, saying a balancing test that typically determines the release of confidential information doesn't apply to such documents.

  • September 23, 2026

    NLRB Orders Pizzeria To Bargain In Union Cert. Row

    A Texas pizzeria must bargain with a union as the exclusive collective bargaining representative for a unit of its employees, the National Labor Relations Board ruled Wednesday, handing out a decision that will allow the company to challenge the board's certification of the union in a federal appeals court.

  • September 23, 2026

    Teamsters Seek Order Protecting Creamery Staff's Healthcare

    A billion-dollar dairy cooperative that is trying to close a century-old creamery in Vermont shouldn't be allowed to revoke the staff's health insurance while the staff's union argues that the shutdown is unlawful, the Teamsters local representing the creamery's workers argued, seeking an injunction in Vermont federal court.

  • September 23, 2026

    NY Librarian Says Dues Requirement Violates 1st Amendment

    A librarian at the Brooklyn Public Library is challenging a requirement in its collective bargaining agreement compelling employees to pay union dues in order to continue working at the library, according to a complaint filed in New York federal court.

  • September 23, 2026

    NLRB Nixes Precedent Shift On Worker Outbursts

    The National Labor Relations Board's expanded Republican majority reversed its first precedent on Wednesday, nixing a set of discipline tests that gave workers leeway to lose their cool during pickets and other actions the National Labor Relations Act protects.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

  • September 23, 2026

    Calif. Mounts Defense To NLRB's Fill-In Law Challenge

    The state of California has urged a federal court to grant it an early win in the National Labor Relations Board's challenge of a state law allowing the state labor board to perform certain duties if the national board cannot, arguing that the law is not preempted by federal labor law.

  • September 22, 2026

    Amtrak, Union Say Conductor Can't Reopen Settled Bias Suit

    A train conductor should not be allowed to reopen a case accusing Amtrak and her union of teaming up to prevent her from advancing in union leadership, the railroad and union argued, asking a Connecticut federal judge to toss the conductor's bid to revive the settled discrimination suit.

  • September 22, 2026

    NLRB Says Grocer Can't Use Constitution To Duck Bargaining

    The National Labor Relations Board's constitutional flaws don't excuse an employer's refusal to bargain with a certified union, the agency told the Fifth Circuit on Tuesday, saying the court's endorsement of challenges to board officials' job protections doesn't support a grocer's challenge to a board decision.

  • September 22, 2026

    Election Reforms Key As Teamsters Monitorship Winds Down

    A court order winding down a long-standing monitorship marks the end of an era for the Teamsters as it transitions to an entirely internal discipline system, though experts said the order's preservation of direct elections keeps intact a key factor that kept organized crime's influence out of the union.

  • September 22, 2026

    Shippers Take NLRB Work Transfer Dispute To DC Circuit

    A Southern California port employer and its subsidiaries urged the D.C. Circuit to review a National Labor Relations Board decision finding that the employer unlawfully transferred union work without negotiating with a union beforehand, according to petitions filed on Monday and Tuesday with the circuit court.

  • September 22, 2026

    Pitt Beats Gender, Race Bias Claims In Prof's Discipline Suit

    A federal judge granted the University of Pittsburgh summary judgment Tuesday for most of the claims brought by a business school professor who said he was disciplined and denied an appeal over sexual harassment complaints.

  • September 22, 2026

    BAE Systems Fights $16.2M Pension Withdrawal Bill

    BAE Systems Inc. has asked a D.C. federal court to vacate an arbitrator's award ordering it to pay an International Association of Machinists pension fund roughly $16.2 million, claiming the calculation of the company's withdrawal liability was not done in accordance with federal benefits law.

  • September 22, 2026

    Jackson Lewis Launches AI Practice Group, Resource Hub

    Management-side labor and employment firm Jackson Lewis PC announced Monday that it has launched an artificial intelligence and innovation group to help clients navigate an evolving legal and regulatory landscape.

  • September 22, 2026

    NLRB Tells 3rd Circ. Bottling Co.'s Sticker Order Was Illegal

    The Third Circuit should affirm the National Labor Relations Board's finding that a beverage-bottling company violated labor law by ordering a worker to remove a union sticker, the agency argued, saying no evidence in the case record supports the company's argument that it targeted the sticker for food-safety reasons.

  • September 22, 2026

    Md. Looks To Tackle 'Federal Gap' On AI And Workplace Bias

    Maryland Gov. Wes Moore pitched a broad plan Tuesday to regulate artificial intelligence that included a directive for state agencies to issue guidance to address a dearth of clarity on the interplay between AI and workplace discrimination.

  • September 21, 2026

    Calif. Health Group Accuses SEIU Of 'Shakedown' In RICO Suit

    A group representing California community health clinics has accused a Service Employees International Union affiliate of violating the federal anti-racketeering law, claiming in a new lawsuit that the union places manipulative ballot initiatives before California voters and only withdraws them if the clinics concede to its demands.

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    NJ Court Backs Arbitration Award Against Concrete Co.

    A New Jersey federal court on Monday upheld an arbitration award ordering a concrete supplier to rehire an employee who was fired after he tested positive for marijuana, rejecting the company's claim that an arbitrator exceeded her authority when issuing the award.

  • September 21, 2026

    Spirit's Ch. 11 Sale Offers AI New Data, With Privacy Concerns

    A bid by Google to buy data from defunct Spirit Airlines could signal the opening of a new frontier for monetizing assets in bankruptcy cases, but there are questions about how useful the data will actually be to a buyer — especially if too much personally identifiable information ends up being purged due to privacy concerns, experts told Law360.

Expert Analysis

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

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    The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

  • How To Prepare If Justices Curb Gov't Contractor Immunity

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    Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

  • What To Mull After 9th Circ. Ruling On NLRB Constitutionality

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    The Ninth Circuit recently rejected three constitutional attacks on the National Labor Relations Board in NLRB v. North Mountain Foothills Apartments, leaving open a debate about what remedies the NLRB can award employees and creating a circuit split that could foretell a U.S. Supreme Court resolution, say attorneys at Proskauer.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists

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    Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

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    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • What's At Stake In High Court Pension Liability Case

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    The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.

  • Trader Joe's Ruling Highlights Trademark Infringement Trends

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    The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

  • H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

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    The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

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    The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.

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