Labor

  • September 11, 2025

    4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay

    The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.

  • September 11, 2025

    NM Concert Workers Can Vote On Union, NLRB Official Says

    Workers at a New Mexico concert production company can vote on representation by an International Alliance of Theatrical Stage Employees local, a National Labor Relations Board official has held, rejecting the company's argument that a large swath of the workers are independent contractors who are ineligible to unionize.

  • September 11, 2025

    HVAC Co. Seeks Block On NLRB Confidentiality Pact Case

    A Missouri HVAC contractor has sued the National Labor Relations Board in federal court seeking to block the agency from challenging its use of confidentiality agreements, becoming the latest employer to allege that the board's structure is unconstitutional.

  • September 11, 2025

    States Tell DC Circ. To Back Trump's Firing Of FLRA Member

    A coalition of states has urged the D.C. Circuit to reject a former member of a federal labor relations panel's challenge to her firing, saying removal protections for panel members are contrary to political accountability at the heart of the U.S. Constitution.

  • September 11, 2025

    Teachers' Union Fights 8th Circ. Ruling In Taxpayer Challenge

    A split Eighth Circuit never should have revived taxpayers' challenge to the union leave policy in a contract between a Minnesota teachers' union and a Twin Cities-area public school district, the union argued, saying the majority's holding conflicts with Third and Seventh circuit precedent.

  • September 11, 2025

    NYC Council Overrides Mayor's Vetoes On Workers' Pay

    The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.

  • September 10, 2025

    Union Asks NLRB To Revive Hospital Representation Petition

    The National Labor Relations Board should revive an Office & Professional Employees International Union local's bid to confirm its representation of laboratory workers at a California children's hospital amid the hospital's absorption into the University of California system, the union argued, challenging an agency official's decision to toss the bid.

  • September 10, 2025

    Calif. Gig Worker Union Bill Sent To Newsom's Desk

    A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.

  • September 10, 2025

    Trump Says Courts Can't Review Order To Rebuke Fed Unions

    The National Treasury Employees Union doesn't have a claim that President Donald Trump overreached with his order for numerous agencies to cancel their union contracts because he exercised the discretion Congress gave him, his administration told the D.C. Circuit.

  • September 10, 2025

    Unions' Challenge To Fed. Layoffs, Reorganizations Proceeds

    The Trump administration must continue facing a union-backed challenge to its federal worker layoffs and agency reorganizations, a California federal judge ruled, tossing the administration's argument that the U.S. Supreme Court cast enough doubt on the suit's legitimacy by pausing an injunction to justify dismissing the case.

  • September 10, 2025

    Calif. Senate OKs Measure For State Panel To Fill In For NLRB

    The California State Senate has passed a bill that would give the state's labor relations board power to decide labor disputes that would normally be subject to federal law if the National Labor Relations Board cannot act, sending the legislation back to the State Assembly.

  • September 09, 2025

    11th Circ. Won't Rehear Bakery's $15.6M Union Pension Row

    An Eleventh Circuit panel is standing by its decision to make a wholesale bakery pay up to $15.6 million after withdrawing from a union pension fund, saying Tuesday that it won't rehear the case.

  • September 09, 2025

    David Copperfield Vegas Workers Get OK For Union Vote

    Stagehands for magician David Copperfield's Las Vegas show and workers at his private museum can vote on being represented by an IATSE local, a National Labor Relations Board official ruled Tuesday, rejecting the company's argument that the two groups do not have enough common interests to share a bargaining unit.

  • September 09, 2025

    UFCW Fund Accuses NYC Hospital Giant Of Juicing Prices

    A United Food and Commercial Workers health fund has filed a proposed class action against New York-Presbyterian Hospital, accusing one of New York City's biggest hospital networks of abusing its market power to strong-arm insurers into accepting deals that entrench its high prices.

  • September 09, 2025

    UPS, Teamsters Look To Ax Ex-Worker's Return-To-Work Suit

    A Tennessee federal judge should toss an ex-UPS employee's claims that the company and a Teamsters local thwarted his attempt to return to work after an on-the-job injury, the company and union argued, saying they made every effort to get him back to work, but he wouldn't cooperate.

  • September 09, 2025

    Feds Fight Ex-Philly Labor Leader's Prison Release Bid

    Prosecutors urged a Pennsylvania federal judge to reject the early release bid by the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, arguing Tuesday that he should not be freed from his six-year prison term to care for his disabled wife because her condition has not changed since he was locked up last year.

  • September 09, 2025

    Pa. Boarding School's Tech Monitors Can Vote On Union

    Workers who monitor phones and surveillance cameras at a boarding school in Hershey, Pennsylvania, can vote on union representation by the Teamsters on Friday, a National Labor Relations Board official has held.

  • September 08, 2025

    9th Circ. Axes Ruling Trader Joe's 'Weaponized Legal System'

    A California federal judge hastily found that Trader Joe's cooked up borderline-frivolous theories of trademark infringement to punish union organizers, the Ninth Circuit held Monday, finding that union merchandise looks "strikingly similar" to the grocer's well-known logo.

  • September 08, 2025

    Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs

    A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.

  • September 08, 2025

    Walgreens Fired Pharmacy Heads After Union Vote, Suits Say

    Two ex-pharmacy managers have accused Walgreens of firing them for refusing to spy on their employees amid a campaign to unionize at a store in southwest Washington state, according to two new lawsuits launched in federal court in the Evergreen State.

  • September 08, 2025

    Unions Knock 'Flawed' 4th Circ. Injunction Take In DOGE Row

    A split Fourth Circuit panel's decision to vacate an injunction targeting the Department of Government Efficiency created a flawed framework for evaluating whether an injunction is appropriate, a coalition of unions argued Monday, asking the full Fourth Circuit to override the majority's "sharp departure from established precedents."

  • September 08, 2025

    Cowen's Active GC Tenure A Sign Of An NLRB In Flux

    National Labor Relations Board acting general counsel William Cowen has been active in issuing public guidance during his half year as the agency's top prosecutor, generating an output that experts said is unusual for the position and reflects the unique situation he and the board find themselves in.

  • September 08, 2025

    Union's Election Survives DOL Disenfranchisement Challenge

    A Georgia federal judge denied the U.S. Department of Labor a quick win in a suit accusing the union that represents Greyhound's bus drivers of denying new workers their right to vote in 2022 officer elections, saying the government's theory demanded a level of perfection that union oversight law doesn't require.

  • September 08, 2025

    Trader Joe's Snubbed Union In Kentucky, NLRB Judge Says

    Trader Joe's violated federal labor law by snubbing its workers' union at a Kentucky store, a National Labor Relations Board judge ruled, saying the company can't use its pending challenge to the store's unionization to justify its refusal to bargain with or give information to Trader Joe's United.

  • September 08, 2025

    Former NLRB Chairman Joins Jackson Lewis In NYC

    Former National Labor Relations Board Chairman Marvin E. Kaplan made the move to private practice at Jackson Lewis PC after his term ended last month, the firm announced Monday.

Expert Analysis

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

  • 3 Employer Considerations In Light Of DOL Proposed OT Rule

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    A recently unveiled rule from the U.S. Department of Labor would increase the salary threshold for Fair Labor Standards Act overtime exemptions, and while the planned changes are not the law just yet, employers should start thinking about the best ways to position their organizations for compliance in the future, say Brodie Erwin and Sarah Spangenburg at Kilpatrick.

  • Employers, Buckle Up For Fast-Track NLRB Election Rules

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    Under the National Labor Relations Board's recent changes to its secret ballot election rules, employers will face short timelines and deferral of many legal issues — so they would be well advised to develop robust plans to address these developments now, say attorneys at Baker Donelson.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Transaction Risks In Residential Mortgage M&A Due Diligence

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    As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

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