Labor

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    New Bargaining Model Stirs Preemption, Pushback Concerns

    New model legislation developed by left-leaning researchers would provide states a path to adopt sectoral bargaining regimes similar to those that some localities have implemented for ride-hailing drivers, but experts said the proposal would need to overcome preemption questions and likely fierce opposition from employers.

  • August 11, 2026

    UPS Says Driver's Colo. Sick Leave Claim Is Moot After Pay

    UPS has told a Colorado federal judge that the driver pursuing a proposed class action over paid-sick-leave violations can't win his bid for partial summary judgment because he isn't owed any money for sick leave, according to UPS's response brief to the driver's motion. 

  • August 11, 2026

    Pot Law Labor Deal Requirement Is Preempted, NJ Judge Says

    A New Jersey law requiring cannabis operators in the state to enter into labor peace agreements with labor unions in order to secure a license is preempted by federal labor law, a federal judge has ruled, providing the state with a quicker path to appeal in the Third Circuit.

  • August 11, 2026

    Amazon Says NLRB Botched Analysis In NY Election Row

    Amazon urged the Fifth Circuit to set aside a union's 2022 representation election win at a Staten Island warehouse, arguing that activists repeatedly pushed the envelope during the campaign and that the National Labor Relations Board ignored its standards by treating their actions as isolated.

  • August 11, 2026

    CSX Settles FMLA Retaliation Suit Over Holiday Leave

    CSX Transportation Inc. has agreed to settle a suit from three workers who claimed they were illegally suspended or fired after they were falsely accused of misusing medical leave to take holidays off, according to a filing Tuesday in Maryland federal court.

  • August 11, 2026

    Denver Firefighters Sue To Block $389K Union Dues Claim

    A Colorado firefighters union is refusing to recognize a Denver local's disaffiliation from the state union and is asking for over $388,000 in dues the local doesn't owe, according to a lawsuit filed in state court.

  • August 11, 2026

    Stericycle Says NLRB Agent Wrongly Set Union Vote By Mail

    A union representation election at a medical waste disposal company's Kent, Washington, facility should take place in person, the company told the National Labor Relations Board, asking it to undo a regional director's decision to let workers vote on Teamsters representation by mail.

  • August 11, 2026

    Auto Parts Co. Fired Worker Over Pay Talk, NLRB Judge Finds

    An aftermarket auto body parts company violated federal labor law by firing a worker for discussing pay with a co-worker, a National Labor Relations Board judge ruled, rejecting the company's claim that she was terminated for stealing commissions and other legitimate reasons.

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    Clinics' Suit Over Fund Use Ballot Measure Gets Tossed

    A California federal judge tossed a suit that federally designated community health clinics filed to block the placement of an expenditure transparency reporting initiative on the November ballot, saying the clinics' claims aren't ripe for court review.

  • August 10, 2026

    Split NLRB OKs Arbitration Deal With Labor Carveout

    Employers may bar workers from bringing employment claims outside of arbitration if their agreements explicitly carve out labor claims, the National Labor Relations Board said Monday in a divided decision resolving a policy review it announced more than four years ago.

  • August 10, 2026

    NLRB Asks 1st Circ. To OK Norris-LaGuardia Injunction Denial

    A Puerto Rico federal judge correctly tossed a hospital's bid to block a National Labor Relations Board case on constitutional grounds, the agency argued, telling the First Circuit that the judge properly held that the Norris-LaGuardia Act precluded her from issuing an injunction in the labor dispute.

  • August 10, 2026

    11th Circ. Backs Unions In Members' Race Bias Suit

    The Eleventh Circuit upheld a win Monday for a pipe fitters union in a lawsuit alleging it routinely passing over Black journeyman pipe fitters for work assignments in favor of white workers, finding the claims failed to show that the unions had established discriminatory referral practices.

  • August 10, 2026

    DOJ Loses Suit Over Minn. Program For Black Male Teachers

    A Minneapolis public school district has beaten the U.S. Department of Justice's challenge to a program aimed at attracting Black male teachers, with a Michigan federal judge saying Monday that the discrimination lawsuit can't proceed without the teachers' union, which the government lacks the power to sue.

  • August 10, 2026

    NLRB Poised For Quick Action With New Republican Member

    The National Labor Relations Board is prepared to shift federal labor law in an employer-friendly direction with the Senate's confirmation of a third Republican member Friday, and former board members said the cemented majority could be well-positioned to revisit precedent quickly.

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Insurer Must Defend Education Fund In Termination Dispute

    An insurer must defend and indemnify a plumbers' union-backed education fund accused of retaliating against a member who claimed he was wrongfully terminated after submitting a request for paternity leave, a New Jersey federal court ruled, finding that an exclusion barring coverage for activities of the union does not apply.

  • August 10, 2026

    BNSF Changed Weekend Travel Pay, Teamsters Unit Says

    BNSF Railway violated the terms of its collective bargaining agreements with a Teamsters unit by unilaterally changing the way it calculated weekend travel allowances for employees, the union alleged in a complaint filed in Illinois federal court.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Calif. Gig Union Hits Milestone Under New Bargaining Law

    The California Gig Workers Union is on track to represent hundreds of thousands of ride-share drivers in California after a state agency said Friday that the Service Employees International Union offshoot has shown sufficient support among the state's most active drivers.

  • August 07, 2026

    Public Safety Officers At Mass. College Get OK For Union Vote

    A National Labor Relations Board official approved a union representation election Friday for a group of public safety officers at Babson College, rejecting the Massachusetts school's argument that six police sergeants in the group are supervisors who are ineligible to unionize.

  • August 07, 2026

    Judge Blocks VA Bid To End Union Contract During Talks

    A Rhode Island federal judge on Friday blocked the U.S. Department of Veterans Affairs from ditching at its imminent expiration a union contract it was previously ordered to reinstate, pointing to language extending the deal during negotiations.

  • August 07, 2026

    Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

    A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with temporary protected status, arguing that its members will suffer irreparable harm without immediate relief.

  • August 07, 2026

    Calif. Forecast: 9th Circ. Hears NBA Announcer Tweet Dispute

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in a former NBA announcer's wrongful termination suit against a radio station. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

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