Labor

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Unions, Feds Settle Suit Over Gov't Shutdown Layoffs

    A coalition of labor unions and the U.S. Department of Justice have agreed to settle claims in a dispute challenging the layoffs of federal employees that occurred during the 2025 government shutdown, according to an agreement filed by the parties.

  • September 25, 2026

    Union Says Spirit AI Data Sale May Breach Contract

    Spirit Airlines' flight attendants' union has told a New York bankruptcy judge that the bankrupt airline has reduced the amount of business data it's proposing to sell to Google for artificial intelligence training, but the files still might include data protected by the union's contract.

  • September 25, 2026

    AAA Western Unit Sabotaged Bargaining, NLRB Judge Says

    A western unit of the American Automobile Association violated federal labor law by bargaining in bad faith with its workers' union, a National Labor Relations Board judge has ruled, saying the company employed dishonest tactics such as going back on an agreement and proposing a dramatic pay cut.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Calif. Forecast: Aya Healthcare Wants Wage Arb. Bid Back On

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in Aya Healthcare Services Inc.'s attempt to revive a motion to compel arbitration in a wage and hour suit by travel clinicians. Here's a look at that case and other labor and employment matters on deck in California.

  • September 25, 2026

    NY Forecast: 2nd Circ. Weighs Political Retaliation Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former employees with the Orange County, New York, Sheriff's Office who claim they were fired because they supported the sheriff's opponent in an election.

  • September 24, 2026

    Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

    Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

  • September 24, 2026

    Novartis Beats Patent Listing Suit Over Entresto

    A New York federal judge gave Novartis permanent relief from a proposed class action alleging it monopolistically delayed generic competition for its blockbuster heart failure drug Entresto, concluding that the drugmaker properly used a patent to ensure exclusivity.

  • September 24, 2026

    Nevada Judge Tosses Casino Co.'s NLRB Challenge

    A Nevada federal judge has tossed a casino operator's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, ruling that the operator failed to show sufficient harm stemming from removal protections for NLRB members and the board's administrative law judges.

  • 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.

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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