Labor

  • September 25, 2026

    NLRB Defends Gag Rule Ban From AT&T Retailer's Challenge

    The Fifth Circuit should toss an AT&T retailer's challenge to the National Labor Relations Board's ban on broad nondisclosure agreements in severance pacts, the agency said Friday, fighting the company's argument that gag rules should be considered lawful unless the employer's enforcement of them would violate labor law.

  • September 25, 2026

    NLRB Privilege Ruling Could Shift Fights Over Info Requests

    A recent National Labor Relations Board decision finding that documents covered by attorney-client privilege do not need to be disclosed in union information requests could increase litigation over privilege claims at the board and affect how employers approach grievance arbitration, experts said.

  • 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.

Expert Analysis

  • SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts

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    The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • A Close Look At The Rescinded Biden-Era NLRB Memos

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    National Labor Relations Board acting general counsel William Cowen's recent decision to rescind several guidance memoranda from his predecessor signals that he aims to move the board away from expanding organizing rights and to provide more room for employers to protect their operations and workforce, say attorneys at Holland & Knight.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

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