Labor

  • July 11, 2025

    8th Circ. Upholds Labor Peace Pacts In Minn. Cities

    Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.

  • July 11, 2025

    AT&T Units Illegally Changed Union Time, NLRB Judge Says

    Two AT&T subsidiaries serving Indiana and Ohio violated federal labor law by withholding information from a pair of Communications Workers of America locals and failing to bargain over changes to how workers can take time off to conduct union business, a National Labor Relations Board judge has ruled.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

  • July 10, 2025

    Dialysis Co. Says NLRB Directors Can't Act Without Quorum

    A California company that runs a chain of dialysis centers is challenging a National Labor Relations Board regional director's decision to certify a union at its Hollister, California, facility, arguing Thursday that the official shouldn't have been able to certify the union while the board lacks a quorum.

  • July 10, 2025

    Nonprofit Calls For Halt To Portland's Labor Peace Policy

    A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.

  • July 10, 2025

    NLRB Official Nixes Union Vote Challenge Over Board Quorum

    The National Labor Relations Board's lack of a quorum does not stop regional directors from considering union election petitions, an agency official determined Thursday, tossing a vehicle manufacturer's challenge to employees seeking a vote on representation by the United Auto Workers.

  • July 10, 2025

    Unions Defend Block On DOGE's Social Security Data Access

    The full Fourth Circuit should affirm a Maryland federal judge's decision to block the White House's Department of Government Efficiency from accessing Social Security Administration data, two unions and a retirees' advocacy group argued, saying that dissolving the injunction would violate their members' right to privacy.

  • July 10, 2025

    Ga. Eateries Illegally Fired Striking Workers, NLRB Judge Says

    A group of restaurants in Savannah, Georgia, violated federal labor law by firing workers who went on strike and making threats in response to union organizing, a National Labor Relations Board judge ruled, finding the employees' protest was protected under federal labor law.

  • July 09, 2025

    Airline Asks 7th Circ. To Uphold Win In Union Arbitrability Row

    An Indiana federal judge correctly ruled that a court, not an arbitrator, should have decided whether a policy dispute between Republic Airways and a Teamsters local was arbitrable, the regional airline told the Seventh Circuit, asking the appellate court to affirm that the arbitrator overstepped by making the call.

  • July 09, 2025

    Boston U. Beats Ex-Worker's Suit Over Sex Harassment Probe

    Boston University defeated a former maintenance employee's lawsuit alleging the school bungled its investigation into a sexual harassment complaint against him, with a Massachusetts federal judge ruling the worker's claim was preempted by federal labor law because it required examining his union contract.

  • July 09, 2025

    HELP Sets Hearing On NLRB GC, EEOC Member Noms

    President Donald Trump's picks to be the general counsel of the National Labor Relations Board and fill a vacancy on the U.S. Equal Employment Opportunity Commission will face their first test next week at a U.S. Senate committee hearing.

  • July 09, 2025

    Dispensary Workers Who Ousted Union Can't Have New Vote

    Workers at a Salt Lake City cannabis dispensary can't vote on representation by a Teamsters local, a National Labor Relations Board regional director determined, saying federal labor law blocks an election with a subunit of workers who participated in a decertification vote within the last year.

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    Hotel Defends NLRB Judge's Support For Customer Rule

    A National Labor Relations Board judge properly tossed a former Miami Beach hotel worker's claim that the hotel maintained an unlawful rule pertaining to communications with customers, the employer told the NLRB, asking the board to affirm the judge's dismissal of the case.

  • July 09, 2025

    NYC Homelessness Nonprofit Denied NLRB Injunction Hearing

    A New York City nonprofit that operates youth homeless shelters was denied its request for discovery and a hearing as part of an injunction bid it faces from the National Labor Relations Board, a federal judge ruled, finding relevant evidence would not arise from such proceedings.

  • July 08, 2025

    Chicago Nabs Early Win In City Workers' Genetic Bias Suit

    The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.

  • July 08, 2025

    Judge Halts Plan To Slash AmeriCorps Workforce, Funding

    A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.

  • July 08, 2025

    Fired FLRA Member Asks DC Circ. To Ax Stay Of Rehire Order

    A District of Columbia Circuit panel erred last week by blocking a court order that had reinstated a fired Federal Labor Relations Authority member in March, the member told the full D.C. Circuit, asking the court to reverse the block and let her keep her job.

  • July 08, 2025

    DC Circ. Says Teacher's Settlement Didn't Guarantee Rehiring

    The D.C. Circuit refused to reopen a teacher's lawsuit claiming D.C. Public Schools violated an agreement settling sexual harassment allegations when it declined to rehire him, ruling Tuesday the pact only guaranteed that he would be allowed to reapply for teaching jobs.

  • July 08, 2025

    Suits Test States' Power To Regulate Farm Labor

    The farmworker unionization schemes in California and New York are under threat as groups of workers join growers in probing the courts' appetite to limit states' powers to give farmworkers the rights to unionize and collectively bargain.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

  • July 08, 2025

    NLRB Defends Multiemployer Talks Ruling At 6th Circ.

    The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.

  • 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.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • 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.

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