Labor

  • 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

    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

    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.

  • November 21, 2025

    Calif. Forecast: Tribe To Make Sovereignty Args In Labor Suit

    In the next two weeks, attorneys should keep an eye on Ninth Circuit oral arguments regarding whether a Native American tribe's sovereignty shields it from a labor arbitration award. Here's a look at that case and other labor and employment matters coming up in California.

  • November 21, 2025

    2nd Circ. Won't Revive NY Teamsters Worker's Pension Suit

    The Second Circuit refused Friday to revive a New York Teamsters worker's proposed class action challenging his pension plan's fees and investments, backing a lower court's holding that his claims weren't detailed enough to keep the case in court.

  • November 21, 2025

    NLRB Cites District Court In DC Circ. Constitutionality Appeal

    A recent Washington, D.C., federal court decision undermines a nursing home's bid to stop the National Labor Relations Board's case against it, the agency argued as it urged the D.C. Circuit to join other courts in holding that federal labor law forbids judges to enjoin the agency's cases.

  • November 21, 2025

    Teamsters Unit Escapes Black UPS Worker's Bias Suit

    A Teamsters local dodged a Black UPS worker's suit claiming the union discouraged him from complaining about on-the-job race discrimination and interfered with his medical leave, with a Mississippi federal judge ruling the worker hadn't shown he was treated worse than other union members.

  • November 20, 2025

    NLRB Asks 9th Circ. To Resume Processing Cemex Appeal

    The Ninth Circuit may soon resume deciding whether the National Labor Relations Board erred by adjusting its approach to union elections and bargaining orders two years ago, as board prosecutors asked the court to lift a stay in Cemex Construction Materials Pacific LLC's appeal of the game-changing 2023 board ruling.

  • November 20, 2025

    NLRB Seeks To Stop Calif. Agency From Acting When It Can't

    The National Labor Relations Board has asked a California federal judge to block a new state law allowing the state's labor board to perform NLRB functions when the federal agency lacks a quorum, saying the NLRB will be irreparably harmed if the law is allowed to take effect in 2026.

  • November 20, 2025

    Trump Admin Defends Ending Patent, Weather Unions' Rights

    The Trump administration has implored a D.C. federal judge to reject an effort by unions representing workers at the U.S. Patent and Trademark Office and the National Weather Service to halt an executive order ending their collective bargaining rights, emphasizing the action is within the president's authority.

  • November 20, 2025

    Teamsters Tout Organizing 1st Unit Of Amazon Truckers

    The Teamsters announced Thursday that they have for the first time organized a unit of Amazon truckers who drive goods to the company's warehouses, extending the union's effort to organize the mega-retailer's workers into a new segment.

  • November 20, 2025

    Pa. Paper Asks 3rd Circ. To Stay Healthcare Restoration

    The Pittsburgh Post-Gazette urged the Third Circuit to pause its obligation to restore workers' union healthcare plan while it challenges a recent ruling that its shift to a company plan violated federal labor law, saying the order threatens to impose costs it can't recover if it wins its challenge.

  • November 19, 2025

    Justices Told Presidential Firing Limits Is An 'Originalist' Idea

    A bipartisan collection of current and former government officials has urged the U.S. Supreme Court to uphold a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, claiming the precedent has roots that date back to the country's founding and reflects key separation of powers principles.

  • November 19, 2025

    Union Says Longshoreman Can't Support Retaliation Claims

    A Miami longshoreman lacks support for a complaint accusing his union of turning against him after he repeatedly reported a co-worker for insubordination, the union told a Florida federal judge, saying the longshoreman's claims of breach of the duty of fair representation and infliction of emotional distress are thin.

  • November 19, 2025

    Maverick Approved For Fabrication Biz Sale In Ch. 11

    A Texas bankruptcy judge approved Maverick Gaming for a Chapter 11 sale of its fabrication business Wednesday, saying the company found the best deal for the assets even though the sale is to an insider.

Expert Analysis

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

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    The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

  • How To Prepare If Justices Curb Gov't Contractor Immunity

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    Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

  • What To Mull After 9th Circ. Ruling On NLRB Constitutionality

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    The Ninth Circuit recently rejected three constitutional attacks on the National Labor Relations Board in NLRB v. North Mountain Foothills Apartments, leaving open a debate about what remedies the NLRB can award employees and creating a circuit split that could foretell a U.S. Supreme Court resolution, say attorneys at Proskauer.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists

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    Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

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    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • What's At Stake In High Court Pension Liability Case

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    The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.

  • Trader Joe's Ruling Highlights Trademark Infringement Trends

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    The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

  • H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

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    The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

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    The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.