Labor

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    5th Circ. Wipes Out Southwest Attys' Religious Training Order

    The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.

  • May 08, 2025

    Kroger-Owned Chain Fights Counterclaims In Strike Row

    If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.

  • May 08, 2025

    Trump Admin Defends Gov't Restructuring As Lawful

    The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.

  • May 08, 2025

    Full DC Circ. Restores International Media Funding, For Now

    The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.

  • May 08, 2025

    6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.

  • May 08, 2025

    NLRB Captive Meeting Ban Affected Union Vote, Nexstar Says

    Nexstar Media Group Inc. challenged the certification of a union representing NewsNation workers, claiming the National Labor Relations Board's ban on what are known as captive audience meetings violated the company's First Amendment rights and unfairly influenced the vote's outcome.

  • May 08, 2025

    Mass. Heating, Plumbing Co. Must Bargain, NLRB Judge Says

    A Massachusetts heating and plumbing company's response to an organizing drive violated federal labor law, a National Labor Relations Board judge ruled, saying the company illegally fired five workers for union activity, told union supporters to quit, and promised workers better job assignments if they opposed the union.

  • May 07, 2025

    Southwest Says Union Deal Makes Sick Leave Suit Irrelevant

    Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.

  • May 07, 2025

    NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC

    A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.

  • May 07, 2025

    Uncertainty In The Air As Labor Agencies Ponder Reach

    The mostly stable jurisdictional lines between the National Labor Relations Board and the National Mediation Board are in flux as the NLRB seeks the NMB's take on which agency should oversee SpaceX and the airline industry deals with an abrupt shift in the federal labor overseers' treatment of contractors.

  • May 07, 2025

    NLRB Official Says Settlement Bars Union Ouster At Glass Co.

    A National Labor Relations Board official has tossed a worker's petition to decertify a union representing workers at a Minnesota glass company, saying a settlement between the company and union in a separate case prevents the election from going forward.

  • May 07, 2025

    NLRB Judge Says Amazon Lawfully Fired Union Backer In NY

    Amazon did not violate federal labor law by firing a union supporter and unilaterally changing certain policies about cellphone use and COVID-19 tests at a New York warehouse, a National Labor Relations Board judge ruled while finding the company illegally denied union representation during investigatory interviews.

  • May 07, 2025

    USW Knocked By Judge For Causing Member's Demotion

    The United Steelworkers violated federal labor law by resolving a member's grievance in a manner that caused another member to be demoted, a National Labor Relations Board judge ruled, ordering the union to pursue another grievance on behalf of the demoted member.

  • May 06, 2025

    NFLPA Says Ex-Player Has Wrong Target In Rehab Abuse Suit

    A former pro football player who claimed that he was incorrectly sent to a Texas drug treatment center that later abused and physically blocked him from leaving, should not blame the NFL Players Association for his being there, the union told a Texas federal court.

  • May 06, 2025

    Split 5th Circ. Nixes Amazon's Appeal To Halt NLRB Case

    A divided Fifth Circuit panel found Tuesday that a Texas federal judge did not "effectively deny" Amazon's bid to halt a refusal-to-bargain case at the National Labor Relations Board based on allegations that the agency is unconstitutional, tossing the e-commerce giant's appeal for lack of jurisdiction.

  • May 06, 2025

    DOD Says It Has Standing To Halt Labor Contracts

    The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."

  • May 06, 2025

    Army Base Teachers' Unions Sue Trump Over Executive Order

    Unions representing schoolteachers on military bases have sued President Donald Trump, the U.S. Department of Defense and the U.S. Office of Personnel Management over a March executive order aimed at stripping them of their bargaining rights, asking a Washington, D.C., federal judge to invalidate the directive.

  • May 06, 2025

    Technician's Bias Suit Against Union, Studios Tossed For Now

    A New York federal judge Tuesday tossed an electrical technician's suit accusing an entertainment industry union local of employing admissions and job referral practices that discriminate against Black and Latino applicants seeking work at major production studios.

  • May 06, 2025

    Bakery Driver Agrees To Drop Teamsters Benefits Fight

    A delivery driver and a Philadelphia Teamsters local will drop their dispute over whether the driver was wrongfully denied early retirement benefits, the parties announced Monday.

  • May 06, 2025

    Hurdles Await CWA As It Powers Up Video Game Organizing

    A new union is seeking to organize workers in the video game industry using a model that does not focus on winning elections at the National Labor Relations Board, but experts said the nontraditional approach might face challenges recruiting members and making durable change in the industry.

  • May 06, 2025

    Costco Can't Bar Harassment Probe Talk, NLRB Judge Says

    Costco unlawfully maintained overly broad rules in an investigations form and barred a North Carolina worker from talking about the outcome of her internal sexual harassment complaint, a National Labor Relations Board judge ruled, finding a clause allowing employment terms discussions did not shield the company from violating federal labor law.

  • May 06, 2025

    NLRB Gets OK To Gather Mediation Board's Take On SpaceX

    The Fifth Circuit gave the National Labor Relations Board the go-ahead to ask the federal labor agency that oversees union negotiations in the air transportation industry whether SpaceX falls under its purview in a step that could spell the end of the NLRB's cases against the rocket maker.

  • May 05, 2025

    4th Circ. Seems Split On Fight Over DOGE's Data Access

    The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

Expert Analysis

  • 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.

  • 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.

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