Labor

  • April 16, 2025

    Starbucks Seeks Ax Of Board Ruling On Union Decert. Votes

    The National Labor Relations Board should rethink legal precedent that allows board officials to refuse to schedule union decertification elections at workplaces that stand accused of certain labor law violations, Starbucks told the board, asking it to overrule a 2022 decision.

  • April 16, 2025

    Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK

    A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.

  • April 16, 2025

    Starbucks Wants 2nd Circ. To Reverse NLRB On 1-Pin Rule

    The Second Circuit must reverse a National Labor Relations Board decision finding that barring employees at a Manhattan Starbucks from wearing more than one union pin is illegal, the coffee giant argued, saying the board ignored a 2012 ruling from the same appeals court upholding the policy.

  • April 15, 2025

    Whistleblower Says DOGE's NLRB Probe Exposed Data

    An employee with the National Labor Relations Board sent a whistleblower disclosure to members of Congress on Monday alleging that Elon Musk's Department of Government Efficiency harvested Americans' sensitive information and likely exposed the data to foreign adversaries.

  • April 15, 2025

    7th Circ. Judge Skeptical Amazon Violated Labor Law

    A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."

  • April 15, 2025

    Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling

    A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.

  • April 15, 2025

    Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues

    A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.

  • April 15, 2025

    Tape Maker Illegally Fired Worker For Posts, NLRB Judge Says

    An adhesive tape manufacturer violated federal labor law by firing a worker for putting up postings on union bulletin boards at a Michigan facility, a National Labor Relations Board judge ruled, while also considering the lawfulness of work rules on remand from the board.

  • April 15, 2025

    Journalists, Unions Fight VOA Shutdown In DC Federal Court

    A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.

  • April 15, 2025

    Pot Shop Challenges NY Cannabis Labor Peace Law

    A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Unions Claim Cuts To FMCS Under Trump Order Are Illegal

    A coalition of unions has hit the Trump administration with a federal lawsuit accusing it of dismantling the Federal Mediation and Conciliation Service, alleging President Donald Trump took an ax to the labor-management dispute resolution agency in violation of Congress' will.

  • April 14, 2025

    Union Asks DC Circ. To Affirm NLRB's Info Request Ruling

    An electrical workers union told a Montana internet provider why it needed information about a potential diversion of bargaining unit work, the union told the D.C. Circuit, asking the court to uphold the National Labor Relations Board's finding that the company violated labor law by denying the request.

  • April 14, 2025

    Teamsters, United Want To Appeal Airline Worker Arb. Order

    The Teamsters and United Airlines asked a California federal court to allow an appeal of its order finding the Railway Labor Act gives individual airline employees the right to send their grievances to arbitration despite the union's objection, looking to take the dispute to the Ninth Circuit.

  • April 14, 2025

    Ark. PBM Regulation Violates ERISA, Teamsters Fund Says

    An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.

  • April 14, 2025

    NY AG Seeks Toss Of Seventh-Day Adventist's Bias Suit

    New York Attorney General Letitia James has asked a federal judge in Manhattan to toss a potential class action brought by a former state disability office employee against the state and her labor union claiming she was fired for demanding specific days off for religious observances.

  • April 14, 2025

    CWA, Verizon Dispute Fired White Worker's Race Bias Claims

    The Communications Workers of America and Verizon challenged a worker's suit alleging he was fired for using the N-word because he is white, with the union and company arguing that the CWA hadn't breached its duty of fair representation by not advancing a grievance over the firing to arbitration.

  • April 14, 2025

    NLRB Official Won't Let Legal Assistant Join Teachers Union

    An attorney's assistant at the North Carolina Association of Educators can't join the union that represents the teachers union's staff, a National Labor Relations Board official held, saying her access to meetings during which bargaining strategy is discussed renders her a union-ineligible confidential employee.

  • April 14, 2025

    Kellanova Must Arbitrate Bakery Workers' Promotion Dispute

    A Michigan federal judge has ordered Kellanova to arbitrate a wage dispute with a Bakery, Confectionery, Tobacco Workers & Grain Millers union local, ruling that the case hinges on the terms of an expired contract that calls for arbitration of unresolved grievances.

  • April 11, 2025

    Pa. Bus Driver's Reinstatement Upheld In Harassment Case

    A Pennsylvania transit workers union can keep its win against a regional public transit operator over the firing of a bus driver accused of harassment, a state appellate court concluded Friday, finding that an arbitration award that changed the firing to a suspension drew its essence from the collective bargaining agreement.

  • April 11, 2025

    NYC Nexstar Station Must Provide Info, NLRB Judge Says

    A New York City television station operated by Nexstar violated federal labor law by refusing to give requested financial information to the NewsGuild of New York, a National Labor Relations Board judge ruled Friday, concluding the union had a right to seek these details amid contract talks.

  • April 11, 2025

    Trump Admin. Says NLRB, MSPB Firings Fit Precedent

    Fired Merit Systems Protection Board and National Labor Relations Board members are overstating the reach of U.S. Supreme Court precedent allowing limits on the president's power to remove independent agency leaders, the Trump administration told the D.C. Circuit on Friday as it seeks to reverse decisions reinstating the members.

  • April 11, 2025

    FLRA Nixes NLRB Union's Appeal Of Probationary Atty Award

    The Federal Labor Relations Authority upheld an arbitrator's conclusions that the National Labor Relations Board's collective bargaining agreement with a union shuts out a grievance about a probationary attorney's performance review, tossing the union's challenge to the award.

  • April 11, 2025

    Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.

    A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.

  • April 11, 2025

    3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row

    Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.

Expert Analysis

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Extra NLRB Risks To Consider From Joint Employer Rule Edit

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    The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

  • AI At Work: Safety And NLRA Best Practices For Employers

    Excerpt from Practical Guidance
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    There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.

  • How Employers Can Navigate NLRB's Pro-Employee Shift

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    The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.

  • Justices' Coming Fisheries Ruling May Foster NLRA Certainty

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    If the U.S. Supreme Court’s forthcoming decision in the Loper Bright v. Raimondi commercial fisheries' case overrules judicial deference to federal agencies' legal interpretations, it could carry over to the National Labor Relations Board's vacillating interpretations of the National Labor Relations Act, bringing a measure of predictability to the board’s administration of the law, says Corey Franklin at FordHarrison.

  • Aviation Watch: When Are Pilots Too Old To Fly?

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    A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.

  • 2 NLRB Rulings On Unilateral Changes Are Bad News For Cos.

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    The National Labor Relations Board's recent rulings in Wendt and Tecnocap on unilateral changes to employment terms shift bargaining leverage away from companies, but certain considerations can help employers navigate a contractual hiatus and negotiations for a first union contract, says Henry Morris Jr. at ArentFox Schiff.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

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    Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

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