Labor

  • 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.

  • September 08, 2025

    NYC Hyatt Operator Must Honor Union Tech Pacts, Court Says

    A New York federal judge sided with a hotel workers union in its contract dispute with the operator of a Hyatt hotel in Manhattan, enforcing two arbitral awards requiring compliance with contracts that limit the hotel's ability to adopt new technology without the union's consent.

  • September 08, 2025

    Fisher Phillips Merges With Atlanta L&E Boutique

    Fisher Phillips announced Monday it has combined with Elarbee Thompson Sapp & Wilson LLP, a labor and employment law firm based in Atlanta, growing its ranks by 22 lawyers.

  • September 05, 2025

    DC Circ. Enforces NLRB Order Against Puerto Rico Beer Co.

    A Puerto Rico beer company must bargain in good faith with its workers' union and give six months of back pay to an employee union leader whom it placed on unpaid leave, a split D.C. Circuit said Friday, upholding a decision of the National Labor Relations Board.

  • September 05, 2025

    Union Deal For Calif. Gig Workers May Yield Limited Benefits

    Gig drivers in California may soon have the right to unionize after state leaders reached a deal with Uber and Lyft, though key limitations in the bill the deal facilitates may cap the improvements these workers can make to their conditions — if unions can succeed in organizing them at all.

  • September 05, 2025

    Judge Grills Gov't On Details Of IRS-ICE Info-Sharing Deal

    A D.C. senior judge pressed a government attorney Friday over the specifics of the IRS' disclosure of tax return information to immigration enforcement agencies, saying the details were crucial to weighing a coalition of organizations' bid to block the practice.

  • September 05, 2025

    Acting NLRB GC Updates Guidance On Board Injunctions

    Acting National Labor Relations Board general counsel William Cowen provided the agency's regional offices Friday with new guidance on pursuing injunctions to address alleged labor law violations, updating withdrawn instructions on the subject the agency's top prosecutor issued during the Biden administration.

  • September 05, 2025

    DC Circ. Says Grievance Deal Can't End Title VII Suit

    The D.C. Circuit reinstated Friday a Black worker's race bias suit claiming she faced discrimination and harassment at the Washington Metropolitan Area Transit Authority, ruling a settlement that resolved grievances her union filed against her employer did not justify the dismissal of her civil rights claims.

  • September 05, 2025

    9th Circ. Upholds Dialysis Co. Injunction In Labor Dispute

    The Ninth Circuit has upheld an injunction ordering a California dialysis clinic operator to bargain with a Service Employees International Union affiliate and give union-represented workers the annual raises it withheld from them for two years, saying the California federal judge who issued the injunction didn't abuse her discretion.

  • September 05, 2025

    NY Forecast: NY Judge Weighs Tossing Car Dealer Bias Suit

    This week, a New York federal judge will consider a Chevrolet dealership's bid to dismiss a former employee's lawsuit claiming he was fired after he complained that a supervisor made racist remarks toward him and other workers. 

  • September 05, 2025

    Calif. Forecast: $2M Animal Feed Co. Wage Deal Before Court

    In the coming week, attorneys should keep an eye out for arguments regarding a potential deal to end a long-running wage and hour class action against animal feed supplier ACX Pacific Northwest Inc. Here's a look at that case and other labor and employment matters coming up in California.

  • September 04, 2025

    American Airlines Says Tech Can't Support Sex Bias Suit

    An American Airlines technician can't support her claim that the airline discriminated against her on the basis of sex when it demoted her from her crew chief role as her 90-day trial period drew to a close, the airline said Thursday, saying she was demoted because of performance issues.

  • September 04, 2025

    FLRA Plans Case-Handling Changes With Downsizing Push

    The Federal Labor Relations Authority plans to adopt changes to its processes for handling unfair labor practice and representation cases in line with President Donald Trump's February order for agencies to prepare for widespread layoffs, according to an updated regulatory agenda the White House released Thursday.

  • September 04, 2025

    DC Circ. Probes NLRB's 'Successor' Bar After Loper Remand

    A D.C. Circuit panel pressed a National Labor Relations Board attorney Thursday to identify the board's legal basis for its so-called successor bar in a case that asks the court to ponder its deference to the NLRB following last year's U.S. Supreme Court ruling scaling back courts' respect for agencies' views.

  • September 04, 2025

    5th Circ. Panel Presses NLRB Over 'Menu Of Remedies' 

    A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

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