Labor

  • 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

    NLRB Backs Work Rules Decision Despite Late Adds To Case

    The National Labor Relations Board has upheld an agency judge's decision finding that an Ohio painting contractor unlawfully maintained overly broad work rules, but expressed concerns about how the judge handled a board prosecutor's move to amend the case to include the allegations.

  • 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.

  • October 07, 2026

    Metal Co. Bypassed Union In Plant Closure, NLRB Judge Says

    A Michigan metal heat-treating company violated federal law by maintaining overly broad work rules, failing to inform a United Auto Workers local of its plans to close its facility and shutting down the facility without first bargaining over the closure's effects, a National Labor Relations Board judge ruled.

  • October 07, 2026

    Utah Cannabis Shop Says NLRB Case Can't Be Tossed Yet

    A Utah medical marijuana dispensary challenging National Labor Relations Board proceedings against it over the firing of four union supporters is pushing back against both the NLRB and the intervening United Food & Commercial Workers local's bids to toss the case.

  • October 06, 2026

    Tacoma Must Put Workers' Initiative To Voters, Panel Rules

    City leaders in Tacoma, Washington, have a duty to put a so-called Workers' Bill of Rights initiative to voters, a state appellate panel said Tuesday, holding in a published opinion that the city council failed to follow a charter provision requiring the council to "submit the proposal to the people."

  • October 06, 2026

    Ford PA Can Vote On Joining UAW Unit, NLRB Official Says

    A physician assistant at a Ford assembly plant in Missouri can vote on whether to join an existing bargaining unit of nurses represented by the United Auto Workers, a regional director for the National Labor Relations Board ruled Tuesday.

  • October 06, 2026

    NJ Judge Backs Denial Of Painting Co.'s $350K Fee Bid

    A New Jersey federal judge rejected a painting company's challenge to a magistrate judge's ruling that denied its bid for a union pension fund to cover roughly $350,000 in legal fees, finding that the magistrate judge applied the correct legal standard in his findings.

  • October 06, 2026

    NLRB Official OKs Withdrawal Of Union Petition At Stanford

    A union withdrew its petition for a representation election for Stanford University residential student leaders, with a union attorney telling Law360 on Tuesday the case could have been a vehicle for the National Labor Relations Board to overturn precedent on the ability of student workers to unionize.

  • October 06, 2026

    Dentist Mounts 5th Circ. Challenge To NLRB's Back Pay Power

    The National Labor Relations Board exceeds its powers even by ordering employers to cough up back pay to workers, a Texas dental practice argued in its Fifth Circuit challenge to the board's ruling that it fired a front-desk coordinator for speaking out about workplace issues.

  • October 05, 2026

    Trump's Green Card Policy Shift Must Be Blocked, Groups Say

    A slew of families, workers, unions and immigrant rights groups asked a Massachusetts federal judge to block the Trump administration's new policies requiring green card applicants to leave the country, claiming Monday it's an unlawful departure from longstanding practice that unnecessarily disrupts applicants' lives.

  • October 05, 2026

    New NLRB Challenge May Make Elections Tougher For Unions

    As federal courts grow increasingly skeptical of agencies' statutory interpretations, inviting review even of established policies, a new challenge has been brought against long-standing National Labor Relations Board precedent holding that unions are only required to win majorities of workers who vote in order to win representation elections.

  • October 05, 2026

    Pot Co. Balks At NJ Union Rule Requiring Labor Peace Pact

    A Jersey City dispensary that once proudly recognized its workers' union is now suing it and the New Jersey cannabis commission, seeking a federal court order Monday saying the state cannot require a labor peace agreement between cannabis operators and their employers.

  • October 05, 2026

    Seattle Museum Urges NLRB To Review Worker Status Ruling

    A Seattle museum has urged the National Labor Relations Board to review a decision adding two job positions to a bargaining unit represented by a Communications Workers of America local, claiming the decision departed from board precedent on standards that determined the supervisory status for one of the positions.

Expert Analysis

  • 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.

  • Flashpoints In Focus: Shifting Workplace Violence Responses

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    Amid recent threats of violence against artificial intelligence company executives and Jewish-owned businesses, employers can use policies, processes and safety controls to help prevent workplace violence and abate its recognized hazards, say attorneys at Seyfarth.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.