Labor

  • October 22, 2025

    Presidential Firing Limits Fight Builds At High Court

    The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo. 

  • October 22, 2025

    Faster Deals Act Erodes 'Point' Of Union, Boeing Worker Says

    A bill intended to ease initial labor contracts by letting arbitration panels break stalemates between unions and employers would undermine the value of unions if workers don't get to vote on the resulting pact, a striking Boeing worker said Wednesday at a Senate labor committee hearing.

  • October 22, 2025

    Unions Pursue More Protection For Federal Workers In Shutdown

    Eight unions asked a California federal judge to step up the level of protection she provided to thousands of federal workers' jobs during the government shutdown, urging her to expand the number of jobs she's protecting and turn a temporary restraining order into a preliminary injunction.

  • October 21, 2025

    9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'

    The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.

  • October 21, 2025

    3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges

    The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.

  • October 21, 2025

    NLRB Shutdown Has Differing Impact On ULP, Election Cases

    The ongoing federal government shutdown has been a mixed bag for parties that rely on the National Labor Relations Board, tacking modest delays on the lengthy timelines for resolving unfair labor practice cases but closing off a path for workers to unionize by stalling speedier representation election cases.

  • October 21, 2025

    Co. Says $28M ERISA Suit Against Union Fund Must Proceed

    A New Jersey federal judge should keep overseeing a $28 million Employee Retirement Income Security Act lawsuit against a Teamsters local and the local's health insurance fund, a roofing and siding manufacturer argued, telling the judge that the dismissal argument lodged by the fund and local is flawed.

  • October 21, 2025

    Judge Agrees With United That Wage Suits Are Linked

    A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.

  • October 20, 2025

    DOT's Immigrant Truck Driver Rule Gets DC Circ. Challenge

    Workers and unions on Monday petitioned the D.C. Circuit to review a new U.S. Department of Transportation rule that blocks certain immigrants from holding commercial driver's licenses despite having authorization to work in the U.S.

  • October 20, 2025

    Hotel Fails To Comply With $1.1M Wage Award, Court Told

    The operators of a New York City hotel have failed to fully pay a roughly $1.1 million arbitration award stemming from a wage and benefits dispute, a hotel and hospitality workers union said, urging a New York federal court to order the entities to comply with the award.

  • October 20, 2025

    Feds Reduce Charge Against SEIU Official Over ICE Protest

    Federal prosecutors in California have downgraded from a felony to a misdemeanor an obstruction charge against the Service Employees International Union's California head, who was arrested in June during a protest at an immigration raid.

  • October 20, 2025

    More Fed. Workers Added To TRO Blocking Shutdown Layoffs

    A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.

  • October 20, 2025

    Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win

    The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.

  • October 17, 2025

    DC Circ. Denies DOJ Bid For Shutdown Delay In CFPB Case

    The D.C. Circuit said Friday it will not delay briefing in the Consumer Financial Protection Bureau layoffs case as the government shutdown drags on, rejecting a Trump administration request for a deadline extension tied to the lapse in federal funding.

  • October 17, 2025

    AFA-CWA Looks To Ax SkyWest Group's Counterclaims

    SkyWest Airlines' in-house employee group can't support its allegation that a flight attendant and a union organizer conspired to violate the Computer Fraud and Abuse Act, the Association of Flight Attendants said, asking a Utah federal judge Friday to slice the counterclaim from union-brought litigation against the group and SkyWest.

  • October 17, 2025

    CBA Doesn't Block Pilot's Arbitration Bid, Alaska Judge Says

    Federal labor law entitles a pilot to arbitrate a firing grievance his Teamsters local declined to pursue, an Alaska federal judge said, rejecting the union's argument that its collective bargaining agreement with a cargo company precluded his individual arbitration bid.

  • October 17, 2025

    Judge Advises Keeping Electrician's Retaliation Claim Alive

    A Black electrical worker's claim that he was illegally pushed out of his job for reporting race discrimination on the job should survive, but allegations he made against his union for not grieving his termination should be tossed, a Tennessee federal magistrate judge has recommended. 

  • October 17, 2025

    With NLRB Closed, Casino Workers Strike For Union

    Workers at an Indianapolis casino went on strike to demand that their employer recognize a Teamsters unit as their representative Friday, the same day they were originally scheduled to vote in a National Labor Relations Board election before the federal government shut down.

  • October 17, 2025

    GM Parts Co. Wants Out Of Black Worker's Harassment Suit

    A Black employee of a General Motors subsidiary can't support her lawsuit alleging the company did nothing to stop a white co-worker from stalking and harassing her, the company told a New York federal court Friday, arguing she failed to show the colleague's conduct was tied to race, not personal relations.

  • October 17, 2025

    Ill. Co. Can't Dodge Scholarship Fund Payment, Union Argues

    An Illinois federal judge should compel a Chicagoland excavation company to pay a union scholarship fund about $180,000, the union argued, saying the judge should enforce a grievance committee's decision and not let the company wriggle out of paying by creating a nonunion alter ego.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 17, 2025

    DaVita, Fresenius Seek Dismissal Of Dialysis Price-Fix Suit

    The nation's two biggest dialysis providers are looking to get a price-fixing class action accusing them of carving up geographic markets tossed, telling a Colorado federal judge that similar pricing is a natural competitive outcome in a highly concentrated market like that for dialysis, not evidence of a conspiracy.

  • October 17, 2025

    Commuter Rail Union's Wage Dispute Sent Back To Arbitration

    A Massachusetts federal judge has sent back to arbitration a wage-related dispute between a maintenance workers unit of the Teamsters and the company that operates greater Boston's commuter rail system, saying he recently found he has the authority to do so.

  • October 17, 2025

    Calif. Forecast: 9th Circ. To Hear Court Exec. Race Bias Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former California state court executive officer's race discrimination case. Here's a look at that case and other labor and employment matters coming up in that state.

  • October 16, 2025

    Unions Challenge Feds' AI Surveillance Of Noncitizens' Views

    Three labor unions sued the Trump administration in New York federal court Thursday to stop a surveillance program they allege scours online activity for viewpoints the administration doesn't like and leverages the threat of immigration enforcement to coerce silence.

Expert Analysis

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

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