Labor

  • October 13, 2026

    NLRB Says Amazon's Union Vote Challenges Fall Short

    The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    CVS Fights NLRB Bid To Toss 5th Circ. Petition

    CVS has urged the Fifth Circuit to deny the National Labor Relations Board's bid to dismiss its petition challenging a labor board order, saying its agent's extensive operations in Texas establish proper venue.

  • October 13, 2026

    NLRB Official Rejects Bid To Grow Wash. Nursing Unit

    A National Labor Relations Board official denied a nursing union's bid to include a group of Washington hospital workers in a bargaining unit of registered nurses at a separate hospital, ruling that a previous election agreement clearly excluded the workers from the unit.

  • October 13, 2026

    Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

    Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

  • October 13, 2026

    Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

    The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 12, 2026

    Trump Blocked From Airing More Taxpayer-Funded TV Ads

    A federal judge in Manhattan ordered the Trump administration Monday to stop airing taxpayer-funded television ads in the run-up to the November midterm elections, finding a $20 million pro-Donald Trump ad buy was bankrolled by money improperly taken from the government.

  • October 09, 2026

    NLRB Splits On Legality Of Telecom Co.'s Firing

    A National Labor Relations Board majority affirmed a judge's rejection of claims that a telecommunications company fired a site lead because he tried to form a union, splitting from a member who said the company had "clearly grown exasperated" with its activist employee.

  • October 09, 2026

    REI Reneged On Good-Faith Bargaining Deal, UFCW Says

    REI unlawfully reneged on a deal to negotiate in good faith in order to try to reach a first collective bargaining agreement with the United Food and Commercial Workers International Union, the union claimed in a suit filed in North Carolina federal court Friday.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Starbucks Illegally Shifted Piercing Policy, NLRB Judge Says

    Starbucks violated federal labor law by enforcing its dress code rule for facial piercings at a Florida store without informing or bargaining with Workers United beforehand, a National Labor Relations Board judge has found.

  • October 09, 2026

    NLRB Dings Coffee Co. For Firing Protesting Workers

    The National Labor Relations Board backed a judge's findings that a New York coffee shop fired three workers for demanding improvements to their working conditions, adding that it also fired a fourth worker whom the judge found to have quit.

  • October 09, 2026

    NY Forecast: 2nd Circ. Weighs Toss Of Union Retaliation Suit

    This week, the Second Circuit will consider whether to reverse a lower court's decision dismissing a suit accusing a construction workers union of retaliating against two officials for their support of a candidate in an internal union election.

  • October 09, 2026

    Calif. Forecast: SF Wants Bias Suit Out Of Federal Court

    In the week ahead, attorneys should watch for a hearing on whether a former employee's discrimination suit against San Francisco and the city's district attorney's office should remain in federal court. Here's a look at that case and other labor and employment matters on deck in California.

  • October 08, 2026

    Starbucks Says NLRB Ignored Repeat Dress Code Violations

    Starbucks asked the Fifth Circuit on Thursday to vacate a National Labor Relations Board decision that the coffee chain flouted federal labor law by stepping up dress code policy enforcement without bargaining beforehand, arguing management at a unionized Oregon store followed the company's established corrective action policy.

  • October 08, 2026

    NLRB Says Healthcare Co. Fired Worker Over Complaints

    A Maryland home healthcare provider violated federal labor law by firing a worker who spoke out about a training repayment provision in her employment contract, the National Labor Relations Board held, saying she was raising group complaints even if she was not acting at the behest of co-workers.

  • October 08, 2026

    NLRB Says Kroger Units Had To Bargain Before BLM Pin Ban

    The National Labor Relations Board found that two Kroger units violated federal labor law by forbidding workers to wear Black Lives Matter buttons at work without negotiating with their union, but punted on prosecutors' claims that the ban suppressed protected organizing.

  • October 08, 2026

    NLRB Member Renews Call For Blocking Charge Policy Shift

    The National Labor Relations Board has refused to review a regional director's letter blocking a union decertification bid at a commercial security company, with member Scott Mayer restating his willingness to rethink the board's policy allowing regional officials to pause union elections due to unfair labor practice claims.

  • October 08, 2026

    Nev. Dispensary Asks Judge To Toss UFCW Arbitration Bid

    A Nevada cannabis dispensary is urging a federal judge to toss a United Food and Commercial Worker union's lawsuit to compel arbitration of grievances over two workers' firings, saying an operative agreement between the union and the company was not in effect at the time of the terminations.

  • October 08, 2026

    Split NLRB Says Biz Didn't Force Out Union Member

    The divided National Labor Relations Board backed a judge's dismissal of claims that a Georgia plumber violated federal labor law by forcing a worker to pick his union or his job, saying the owner was not discriminating but clumsily seeking assurance that it would not have to pay dues if it kept him on.

  • October 08, 2026

    Feds Seek Toss Of Union's Federal Workers Order Challenge

    The Trump administration has urged a D.C. federal court to toss a union's lawsuit challenging an executive order the union alleges makes it easier to fire certain federal workers, arguing the court lacks jurisdiction over the claims.

  • October 07, 2026

    Calif. Equipment Co. Settles Wage Suit

    A California federal magistrate judge Wednesday conditionally dismissed a wage-and-hour lawsuit against a California-based industrial equipment manufacturer after the parties settled the suit, which alleged unpaid overtime and missed meal and rest breaks.

  • October 07, 2026

    Nonprofit Workers Can't Join Existing Unit, NLRB Official Says

    A National Labor Relations Board official approved a representation election for a stand-alone group of employees working at a Colorado nonprofit on Wednesday, but found that the workers don't have enough in common with an existing bargaining unit of workers to unionize with them.

  • October 07, 2026

    Workers Back Kroger In NLRB Dues Revocation Suit

    Workers represented by the National Right to Work Legal Defense Foundation urged the Fifth Circuit to vacate a National Labor Relations Board decision finding Kroger unlawfully ceased deducting dues from workers' paychecks, saying board precedent making the action unlawful conflicts with other federal law governing dues deduction agreements.

Expert Analysis

  • 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.

  • Trending Legal Implications Of Employee Influencer Programs

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    Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.