Labor

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    MLB Pension Plan Says Spouse Of 7 Weeks Doesn't Qualify

    Major League Baseball's pension plan doubled down Monday on its argument that a woman who married a retired Cincinnati Reds pitcher seven weeks before he died cannot collect surviving spouse benefits, saying marriages must last a year for spouses to qualify.

  • July 07, 2025

    5 Labor Cases To Watch In The 2nd Half Of 2025

    The second half of the year could be consequential for labor law practitioners as courts consider challenges to National Labor Relations Board rulings easing bargaining orders and limiting how employers can respond to union election campaigns. Here, Law360 looks at these and other cases to watch in the second half.

  • July 07, 2025

    Plumbers Union Pushes NLRB To Allow 2nd Vote

    A plumbers union called for the National Labor Relations Board to uphold a regional director's order for a second representation vote, arguing a family-owned company in Kentucky committed federal labor law violations warranting another vote.

  • July 07, 2025

    Ex-Driver Says Firing Suit Against Co., Union Must Proceed

    A former bread deliveryman was following his employer's rules when he refused to make a delivery that would have been unsafe because of road conditions, the deliveryman told an Ohio federal judge, asking her to preserve his lawsuit against his former employer and union.

  • July 07, 2025

    ​​​​​​​Gov't Says OPM Didn't Order Probationary Worker Firings

    The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    No NLRB Quorum Means No Union Certification, Co. Argues

    A cargo handling contractor at the Cleveland airport is fighting its employees' unionization, asking a National Labor Relations Board official to reconsider her decision to certify an International Association of Machinists local as the workers' bargaining representative.

  • July 07, 2025

    More NY Public Interest Attys And Advocates Authorize Strikes

    Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.

  • July 03, 2025

    Elevator Workers Fight Dismissal Of Union Retaliation Suit

    A New York federal judge should preserve claims that a New York City elevator workers' union unlawfully ousted one business agent and demoted another after they supported a business agent candidate that the union's president opposed, the men argued, saying the record shows the union's actions were politically motivated.

  • July 03, 2025

    Longshoreman Seeks TRO To Halt Union's Alleged Retaliation

    An International Longshoremen's Association member in Miami sought an order blocking the union from retaliating against him, telling a Florida federal judge that the union is "weaponizing" the grievance process because he backed an opposing slate in internal officer elections.

  • July 03, 2025

    CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.

    The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.

  • July 03, 2025

    Labor Official's Firing Stands After DC Circ. Steps In

    A D.C. Circuit panel stayed an order Thursday reinstating a fired member of a panel that decides federal agencies' union disputes in line with a U.S. Supreme Court order freezing out two fired leaders of other labor agencies.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Teamsters Unit Beats Suit Over Honoring Picket Lines

    Allegations that a Teamsters local in Washington state breached labor agreements by encouraging drivers it represented not to cross picket lines during a strike don't hold water, a federal judge ruled, rejecting a construction company's broad interpretation of these pacts.

  • July 03, 2025

    Casino Must Rehire Cook, But Bartender Dismissals OK

    A Las Vegas Strip casino was within its rights to fire two bartenders but violated labor law by firing a cook, a National Labor Relations Board judge ruled, finding the casino discharged the bartenders for a legitimate reason but fired the cook because he spoke out about working conditions.

  • July 03, 2025

    Wilcox Saga Holds Labor Spotlight Entering 2nd Half Of 2025

    National Labor Relations Board member Gwynne Wilcox's firing has disabled key functions at the agency charged with overseeing worker organizing and labor relations in much of the private sector, and her challenge to the unprecedented removal could upend a pillar of administrative law. Here, Law360 explores the biggest labor story of the year so far.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Justices Clarify Question Underlying Withdrawal Liability Case

    The U.S. Supreme Court clarified the question presented in a case it recently agreed to take up over the methodology for calculating businesses' liability for pulling out of multiemployer pension plans.

  • July 02, 2025

    Teamsters Say Kroger Must Arbitrate Health Insurance Dispute

    A Teamsters local sought to nix Kroger's attempt to dismiss allegations that the grocery giant won't arbitrate a grievance about health insurance coverage for a worker's family members, telling a Kansas federal judge the company can't raise claims about arbitrability at this point in the proceeding.

  • July 02, 2025

    Trump Federal Worker Policy Tested Unions In 2025's 1st Half

    Since returning to the White House in January, President Donald Trump has taken a number of actions to pare back the U.S. government workforce, including widespread layoffs and agency restructurings, but federal workers' unions have sought to curb those efforts by filing a flood of lawsuits — with mixed results.

  • July 02, 2025

    NLRB GC Accuses Starbucks Of 'Nationwide' Anti-Union Effort

    National Labor Relations Board prosecutors claimed Starbucks deployed a "nationwide strategy to crush" unionization efforts in challenging an agency judge's denial of remedies, arguing that the board must find the coffee giant illegally fired five workers who went inside a South Carolina store after hours to clean it.

Expert Analysis

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • 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.

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