Labor

  • November 26, 2025

    Cemex Urges 9th Circ. To Keep NLRB Appeal Paused

    The employer challenging the National Labor Relations Board's 2023 precedent shift on union representation elections and bargaining orders asked the Ninth Circuit to keep the case paused, fighting the NLRB's request that the court resume processing Cemex Construction Materials Pacific LLC's appeal after a year.

  • November 26, 2025

    Benefit Funds Claim Drilling Co. Missed $20K In Contributions

    A utility drilling company failed to keep up on its contribution bills owed to its employee benefits plans, resulting in a $20,000 funding shortfall, according to a suit filed by a group of benefit funds and labor associations in Colorado federal court.

  • November 26, 2025

    NLRB Attys Shifted Stance On Starbucks Protest, Docs Show

    The National Labor Relations Board's legal advice office told prosecutors to argue that federal labor law shielded Starbucks workers who staged a 2019 protest after earlier opining that the protest was too disruptive to be protected, newly released memos addressing the "close case" show.

  • November 26, 2025

    COVID Changes Still Affecting Union Talks 5 Years On

    The COVID-19 pandemic forced employers and unions to make sweeping changes to how they negotiate labor contracts, and while many of the changes went away with the health emergency, attorneys said some are still affecting bargaining five years later.

  • November 26, 2025

    6 December Argument Sessions Benefits Attys Should Watch

    Workers who say Prudential mismanaged their retirement savings will ask the Third Circuit to reinstate their class action, while a union pension fund will ask the Eighth Circuit to put General Electric back on the hook for a $230 million in pension withdrawal liability. Here's a look at six upcoming oral argument sessions benefits attorneys should have on their radar.

  • November 25, 2025

    Delta Retirees Seek Court Clearance For Benefits Class Action

    A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.

  • November 25, 2025

    Senate Panel Sets December Vote On Lagging NLRB Nom

    The Senate labor committee is set to vote on a nominee to fill one of several vacancies at the National Labor Relations Board early next month after scrapping a thrice-rescheduled vote on his candidacy last week.

  • November 25, 2025

    Teamsters Say UPS' 'Roadie' Siphons Off Union Work

    A Teamsters unit has sued UPS in Illinois federal court, alleging the company is undermining a collective bargaining agreement covering about 10,000 workers in Chicago by giving bargaining unit work to a subsidiary called Roadie.

  • November 25, 2025

    Unions Say More Info Is Needed In DOGE Data Access Dispute

    A union coalition urged a New York federal judge Monday to order the federal government to disclose how much access to federal workers' personal information it gave the Department of Government Efficiency and what the White House unit formerly headed by Elon Musk did with that information.

  • November 25, 2025

    SEIU Says Fired Worker Missed Deadline In Bias Suit

    A Service Employees International Union unit is seeking a quick exit from an ex-employee's suit alleging that the union failed to represent her after a Philadelphia hospital fired her while she was on medical leave, telling a Pennsylvania federal court that the worker's case is time-barred.

  • November 25, 2025

    NJ Panel Confirms Utility Co. Misclassified Workers

    A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.

  • November 25, 2025

    Employer Name Error Doesn't Nix Arb. Award, 6th Circ. Says

    A Michigan power plant operator must rehire a union-represented worker who it fired after he was approved for long-term disability, the Sixth Circuit ruled, upholding an arbitration award against Holtec over its protests that the company was misnamed in the paperwork.

  • November 25, 2025

    DOL Seeks To End 5th Circ. Fiduciary Rule Battle

    The U.S. Department of Labor asked the Fifth Circuit to dismiss two appeals defending a package of Biden-era investment advice regulations that had expanded the definition of a fiduciary under the Employee Retirement Income Security Act, which two Texas courts had blocked in 2024.

  • November 24, 2025

    21 States Get Judge To Halt Trump Cuts Of 4 Fed. Agencies

    A Rhode Island federal judge has blocked the Trump administration from eliminating four federal agencies that support museums and libraries, minority businesses, organized labor, and homeless services, handing a win to a coalition of 21 states that challenged the legality of the cuts.

  • November 24, 2025

    Teamsters Health Plan Wants Data Breach Suit Tossed

    A Massachusetts federal judge should toss a proposed class action accusing a Teamsters healthcare plan of failing to protect plan participants' personal information, the plan argued, seeking dismissal of a suit that seeks to hold the plan liable for an August data breach.

  • November 24, 2025

    Pittsburgh Paper Can't Beat Healthcare Order As Strike Ends

    Workers who returned to work at the Pittsburgh Post-Gazette on Monday after a three-year strike must be reverted to their old healthcare plans, as the Third Circuit denied the company a stay of an order making it comply with a National Labor Relations Board ruling.

  • November 24, 2025

    Teamsters Demand Arbitration In Trade Show Work Dispute

    A trade show warehouse operator is ignoring the terms of a collective bargaining agreement with a Teamsters unit by refusing to arbitrate a dispute over work allegedly being performed by nonunion employees, according to a complaint filed by the union Friday in Illinois federal court.

  • November 24, 2025

    Union Tells 1st Circ. Visa Ban Threatens Harvard's Talent Pool

    The UAW filed an amicus brief in the First Circuit in support of Harvard University's fight to continue enrolling foreign students, warning that President Donald Trump's moves to limit visas are chasing away talented students.

  • November 24, 2025

    Transit Operator Says Union Standoff Risks $100M In Funding

    A Florida public transit operator has accused a bus drivers union of withholding its signature on a safety plan that the Jacksonville Transit Authority must submit annually to obtain federal funding, asking a court to compel the union to either sign the plan or arbitrate its disagreements with it.

  • November 24, 2025

    UPS Defends Work Recording Rule Against NLRB Challenge

    UPS urged a National Labor Relations Board judge to find its rule restricting workers' creation of workplace recordings is legal under the board's current test of employee handbook rules while telegraphing a challenge to that test.

  • November 24, 2025

    UFW Says H-2A Wage Rule Hurts American Workers

    The U.S. Department of Labor rolled out an illegal rule related to the wage rate for H-2A agricultural workers that will push American farmworkers out of work, the United Farm Workers union told a California federal court.

  • November 21, 2025

    NYC, Chicago Bills Take Aim At Cos.' Use Of Contract Drivers

    New York City and Chicago are mulling novel measures that could boost unions' efforts to organize what are known as last-mile drivers by forcing Amazon and other shippers to directly hire the contract drivers they lean on to move goods from warehouses to residents in these populous cities.

  • November 21, 2025

    Ill. Petroleum Co.'s Drivers Can Vote To Join Teamsters Union

    Fuel and oil drivers at a suburban Chicago petroleum company can vote on whether to join the Teamsters, a National Labor Relations Board official said, rejecting the employer's argument that the petitioned-for bargaining unit should have been broader.

  • November 21, 2025

    SEIU Unit Fights Hospital Worker's Firing Over Pot Test

    A Service Employees International Union unit said an Ohio hospital must comply with an arbitrator's order to rescind its write-up of a worker who tested positive for cannabis use after a random drug test, telling a federal court Thursday in a suit that a prior effort to clean a worker's slate was successful.

  • November 21, 2025

    US Asks Mexico To Probe Labor Dispute Under USMCA

    The U.S. has asked Mexico to conduct a fast-track labor investigation under the United States-Mexico-Canada Agreement after receiving reports that a Mexican company may be denying workers the right to collective bargaining, U.S. trade officials said.

Expert Analysis

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • Water Cooler Talk: Bias Lessons From 'Partner Track'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

  • NLRB GC Memos Complicate Labor Law Compliance

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    Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.

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