Labor

  • October 21, 2026

    Nonprofit Can't Dodge NLRB Contempt Bid In Bargaining Row

    A homeless shelter operator must face a motion from National Labor Relations Board prosecutors seeking to hold it in contempt for allegedly flouting an order to bargain in good faith with a union, a New York federal judge has ruled, rejecting the nonprofit's claim that the court's jurisdiction has expired.

  • October 21, 2026

    Hospital Challenges NLRB's Approach To Union Certification

    Simply winning a union representation election shouldn't be enough to bring a union into a workplace, an Oregon hospital fighting its technicians' unionization argued, telling the D.C. Circuit that a union should be endorsed by the majority of workers, not just the majority of ballots.

  • October 21, 2026

    NLRB Says Federal Law Bars Calif. Labor Board Fill-In

    The loss of National Labor Relations Board members' job protections does not mean the state of California can step in, the board told a federal judge in response to the state's bid for a decision permitting a 2025 law letting the state oversee labor relations when the board doesn't.

  • October 21, 2026

    Prison Union Fights BOP's Emergency Bid To Ax Labor Deal

    The Bureau of Prisons' push to immediately terminate its collective bargaining agreement does not constitute an emergency, a prison guards union argued Wednesday, urging a Connecticut federal judge to reject the agency's request to fast-track its bid to end the contract.

  • October 21, 2026

    9th Circ. Confused By San Jose's Firefighter OT Math

    A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San José, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

  • October 21, 2026

    OPM's DOGE Data Access Was Unlawful, Judge Says

    The U.S. Office of Personnel Management unlawfully gave employees associated with the Department of Government Efficiency "broad" access to the sensitive personal information of millions of current and former federal workers, a New York federal judge has ruled.

  • October 21, 2026

    SEIU Fired Organizer Over Military Leave, Suit Says

    An SEIU organizer was subjected to intense scrutiny and ultimately fired for taking time off to fulfill her obligations as a member of the U.S. Army Reserve, according to a new lawsuit filed in Pennsylvania federal court.

  • October 20, 2026

    Medical Device Co. Beats Investors' Alleged Demand Drop Suit

    A New York federal judge has dismissed a proposed shareholder class action alleging medical device maker Integer Holdings Corp. hid plummeting demand for cardiac devices and misled investors about its overall growth, concluding that the allegations do not suggest its disclosures in 2024 and 2025 were untrue or deceptive.

  • October 20, 2026

    Wayne County, Mich., Workers Allege Overtime Shortfalls

    Three former Wayne County, Michigan, employees have accused the county of engaging in "systematic and widespread underpayment" of overtime pay for hundreds of workers by excluding bonuses, shift premiums and other pay when calculating overtime wages, according to a proposed federal class and collective action.

  • October 20, 2026

    8th Circ. Panel Doubts Investors' Medtronic Insulin Pump Suit

    The Eighth Circuit appeared skeptical Tuesday of investors' bid to revive allegations that medical device company Medtronic failed to properly communicate problems with an insulin pump device it manufactured and was ultimately recalled, with judges questioning arguments that certain interactions between the company and regulators weren't properly disclosed.

  • October 20, 2026

    Starbucks Seeks Full 5th Circ. Review Of NLRB Union Ruling

    Starbucks has urged the full Fifth Circuit to rehear a recent panel decision finding that the coffee chain engaged in multiple federal labor law violations to suppress a union campaign in Upstate New York, claiming the decision conflicts with U.S. Supreme Court and circuit court precedent.

  • October 20, 2026

    Home Care Aide's Wage Suit Returns To State Court

    A California federal judge has sent a home care aide's lawsuit claiming she was denied meal and rest breaks back to state court, finding the claims are rooted in state law rather than her union contract.

  • October 19, 2026

    Calif. Appeals Court Revives Claims In Northrop Wage Row

    A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.

  • October 19, 2026

    Puerto Rico Workers Ink $3M In Deals To End Pension Fight

    A federal judge approved $3 million in settlements that a group of workers reached with Puerto Rico's largest bank among other companies to resolve claims that they were stiffed on benefits after their retirement plan shuttered.

  • October 19, 2026

    Amazon Union Pans Co.'s Case In 5th Circ. Election Challenge

    Amazon's challenge to the National Labor Relations Board's order to bargain with workers at a Staten Island warehouse relies on "extraordinarily strained readings of the board's decision" to reject its objections to an election the union won handily, the Teamsters told the Fifth Circuit.

  • October 19, 2026

    Mamdani Appoints NYC Schools CLO To Lead Labor Office

    New York City Mayor Zohran Mamdani on Monday tapped the city's lead lawyer for public schools to head its labor office, touting her career advocating for workers.

  • October 19, 2026

    Union Urges DC Circuit To Back NLRB's Ouster Ruling

    A Workers United unit urged the D.C. Circuit to enforce a National Labor Relations Board decision that a New York commercial laundry company unlawfully withdrew recognition from the union, arguing that the violations the board found warrant a bargaining order against the company.

  • October 19, 2026

    Supreme Court Won't Review Bargaining Order In Cemex Case

    The U.S. Supreme Court declined on Monday to consider Cemex's challenge to a Ninth Circuit decision upholding a National Labor Relations Board order requiring the builder to bargain with a Teamsters local because of federal labor law violations leading up to a union representation election.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Stanford's Bid To Review Election Ruling Is Moot, Union Says

    The National Labor Relations Board should not reconsider a regional director's decision to approve a union's withdrawal of its petition to represent residential student leaders at Stanford University, the union has argued, claiming there is no representational issue for the board to consider.

  • October 16, 2026

    'Labor Court' Plan Has Legal Issues, Panel Says

    An academic proposal to stabilize National Labor Relations Board policy by reshaping the agency into a special court appears misguided despite its admirable goal, a Littler Mendelson PC policy advocate and the AFL-CIO general counsel said Friday at a New York University School of Law conference.

  • October 16, 2026

    Union's Poll Tainted Election Vote, Sand Co. Says

    A Texas industrial sand provider has asked the National Labor Relations Board to rethink a regional director's decision upholding the United Steelworkers' recent win in a representation election, claiming the case is a "suitable vehicle" to reconsider a rule allowing workers to be polled on how they plan to vote.

  • October 16, 2026

    Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labor and employment matters on deck in California.

  • October 16, 2026

    NY Forecast: 2nd Circ. Weights Union Officer Discipline Suit

    This week, the Second Circuit will consider a former union official's challenge to a lower court order dismissing his lawsuit claiming the union conducted an unfair investigation into him that resulted in him having to pay back a portion of a severance agreement from his retirement.

  • October 16, 2026

    Pitt Can't Appeal Due Process Loss In Professor's Suit

    The University of Pittsburgh cannot immediately appeal a ruling that it violated a tenured professor's due process rights by suspending him without pay for a year and removing him from an endowed chair, a Pennsylvania federal judge ruled.

Expert Analysis

  • 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.

  • Flashpoints In Focus: Minimizing Midterm Politics At Work

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    With the upcoming midterm elections producing a steady stream of controversy, employers would benefit from planning in advance and developing guardrails to ensure that election-related rifts do not jeopardize the company's culture or results, say attorneys at Seyfarth.

  • NLRB Ruling Highlights Risk From Employee Handbook Test

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    A National Labor Relations Board judge's recent decision to strike down a workplace rule that only theoretically inhibited protected employee activity highlights the great risks employers face under the board's 2023 ruling in Stericycle and explains why this strict standard may be rolled back under the newly Republican-majority board, says Daniel Johns at Cozen O'Connor.