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

  • Joint Employment Mediation Sessions Are Worth The Work

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    Despite the recent trend away from joint mediation in employment disputes, and the prevailing belief that putting both parties in the same room is only a recipe for lost ground, face-to-face sessions can be valuable tools for moving toward win-win resolutions when planned with certain considerations in mind, says Jonathan Andrews at Signature Resolution.

  • A Look At NLRB GC's Memos On Misleading Employees

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    The National Labor Relations Board's general counsel recently confirmed her plan to limit what she considers coercive and misleading statements by employers during union organizing drives, and provided some guidance for employers that, if recognized and followed, may keep a company out of legal trouble with the NLRB, says Rebecca Leaf at Miles & Stockbridge.

  • Water Cooler Talk: Termination Lessons From 'WeCrashed'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Fulton Bank’s Allison Snyder about how the show “WeCrashed” highlights pitfalls companies should avoid when terminating workers, even when the employment is at will.

  • Labor Law Reform Is Needed For Unions To Succeed

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    Though support for unions is at an unprecedented high, declining union membership levels expose the massive disconnect between what Americans want from unionizing and what they are actually able to achieve, primarily due to the disastrous state of U.S. labor law, say Sharon Block and Benjamin Sachs at Harvard Law School.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Eye On Compliance: Employee Biometric Data Privacy

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    Following recent high-profile developments in Illinois Biometric Information Privacy Act lawsuits and an increase in related legislation proposed by other states, employers should anticipate an uptick in litigation on this issue — and several best practices can help bolster compliance, say Lisa Ackerman and Laura Stutz at Wilson Elser.

  • Examining Employer Best Practices For Reserved Gates

    Excerpt from Practical Guidance
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    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Water Cooler Talk: Trade Secret Lessons From 'Severance'

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    In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

  • 4 Ways Nonunion Employers Can Make Workers Feel Heard

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    With employees less likely to join the recent surge of unionizations if management proactively responds to their concerns, companies should cultivate positive relationships with their workers now, lest employees feel they must organize to amplify their voices, say Stacey McClurkin Macklin and Grant Mulkey at Stinson.

  • Independent Contractor Laws Are Ignoring Economy's Evolution

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    Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

  • Key Employer Questions On Ill. Workers' Rights Amendment

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    With the Illinois' Workers' Rights Amendment recently voted into the state constitution despite challenges in and out of court, employers struggling to understand if the ban on right-to-work statutes applies to the private sector should follow litigation on the amendment for help interpreting its scope and applicability, say attorneys at Neal Gerber.

  • What To Know About NLRB's Expanded Labor Remedies

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    The National Labor Relations Board’s recent Thryv decision, which added "foreseeable pecuniary harms" to employee remedies for unfair labor practices, should prompt employers to recalibrate risk assessments involved in making significant employment decisions, says Manolis Boulukos at Ice Miller.

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