Labor

  • November 04, 2026

    6th Circ. Backs UAW, Ford Win In Discrimination Suit

    The Sixth Circuit on Wednesday refused to revive a former Ford employee's lawsuit claiming that the United Auto Workers failed to properly represent him after he was wrongfully terminated, ruling that the claims he lodged against the company and the union are time barred.

  • November 04, 2026

    Mass. Justices Doubt Nantucket's Rationale For PFML Denial

    Massachusetts' highest court appeared to push back Wednesday on assertions by Nantucket that it cannot implement the state's Paid Family and Medical Leave Act for employees of the island enclave, despite a town meeting vote, because some of its unions have not agreed to bargain over the cost.

  • November 04, 2026

    Ex-Pardon Atty's Firing Is Not Reviewable, DOJ Tells Court

    The Justice Department has asked a federal court to dismiss a lawsuit from a former U.S. pardon attorney who alleges she was fired for not recommending restoration of actor Mel Gibson's gun rights.

  • November 04, 2026

    House Democrat Urges Labor Agencies To Preserve Records

    The top Democrat on the House Education and Workforce Committee in a Wednesday letter urged the U.S. Department of Labor, National Labor Relations Board and other federal agencies on Wednesday to preserve government records ahead of the next Congress, warning that officials who unlawfully destroy documents could face criminal penalties.

  • November 04, 2026

    5th Circ. Backs NLRB Bargaining Order For Hyatt Operator

    The Fifth Circuit has upheld a National Labor Relations Board decision ordering a Texas Hyatt hotel operator to bargain with a UNITE HERE local, ruling that the company failed to establish that the union interfered with the employees' free choice when they voted for representation.

  • November 04, 2026

    Mass. Voters Approve Public Defenders' Bid For Union Rights

    Attorneys and other employees of Massachusetts' public defender agency should have the opportunity to decide whether to form a union, voters said Tuesday in approving a ballot measure authorizing a change to state law.

  • November 03, 2026

    En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

    New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

  • November 03, 2026

    Teamsters Say NLRB Prosecutors Can't Redo UNFI Row

    Two Teamsters locals on Tuesday urged the National Labor Relations Board to toss a complaint accusing them of unlawfully attempting to enforce an arbitration award, saying the case depends on conduct that falls well outside the limitations period in federal labor law.

  • November 03, 2026

    Transport Cos. Urge 11th Circ. To Ax NLRB Bargaining Rulings

    A maritime transport company and its subsidiary asked the Eleventh Circuit to set aside two National Labor Relations Board decisions ordering the companies to bargain with a union, saying the court should take a fresh look at the decisions following the U.S. Supreme Court's Loper Bright ruling.

  • November 03, 2026

    Chicago Says Payroll Error Wasn't Willful In Cops' OT Suit

    Chicago urged an Illinois federal judge to limit damages in a long-running overtime lawsuit, arguing that a payroll mistake that led to some officers being underpaid was unintentional, while the officers said the city's wage violations were willful and warrant additional compensation.

  • November 03, 2026

    Groups Push Making It Harder For Unions To Win Elections

    A pair of free-market think tanks asked the Republican-majority National Labor Relations Board to make it harder for workplaces to unionize, telling the board that unions' wins in representation elections should count only when the majority vote consists of the majority of the workforce.

  • November 03, 2026

    NLRB Judge Finds Utah Pot Shop Targeted Union Backers

    A National Labor Relations Board judge found a Utah cannabis pharmacy violated federal labor law by firing three workers who backed a failed union campaign but declined to order the shop to recognize their union, finding its violations did not cause workers to sour on the organizing effort.

  • November 03, 2026

    EEOC Owes Docs In Class Action Freeze Case, Union Says

    The U.S. Equal Employment Opportunity Commission won't say how it complied with its chief judge's order for the agency to stop processing class actions by federal workers, the American Federation of Government Employees claimed, asking a D.C. federal judge to compel the agency to divulge.

  • November 02, 2026

    9th Circ. Sends Pot Labor Law Dispute Back To Lower Court

    The Ninth Circuit revived a cannabis retailer's lawsuit challenging California's requirement that marijuana businesses have labor peace agreements with unions, ruling on Monday that the trial court abused its discretion and must reconsider the arguments, including the possibility that both sides have "unclean" hands.

  • November 02, 2026

    Teachers Union Sues Ed. Dept. Over Loan Forgiveness Delays

    The American Federation of Teachers and nine borrowers sued the U.S. Department of Education, saying it is illegally blocking forgiveness of federal student loans for individuals who have worked in public service.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Teamsters' International Union Must Face Worker's Pay Suit

    An Oklahoma federal judge on Monday ruled that the Teamsters' international union must face a former office worker's lawsuit seeking unpaid overtime and severance, saying she had presented enough evidence to suggest the union was responsible for decisions about her termination and pay.

  • November 02, 2026

    Airport Cleaning Co. Seeks To Trim SEIU Pension Suit

    An airport cleaning subcontractor did not agree to pay supplemental retirement contributions and cannot be held liable for payments predating its labor agreement, the company told a D.C. federal court in its bid to trim a suit lodged by a pension fund.

  • November 02, 2026

    Split NLRB Backs Union Election Order At Chemical Co.

    A split National Labor Relations Board panel has upheld a decision directing a union representation election at a Texas chemical plant, with a dissenting panel member saying the majority ignored evidence of the discretion the company's work group leads use in abnormal situations when concluding that they aren't supervisors.

  • November 02, 2026

    Fired Worker Asks 6th Circ. To Revive Race Bias Suit

    A Michigan federal judge improperly cleared a construction company of allegations that it discriminatorily fired a union-represented Black employee for punching a co-worker, the ex-worker told the Sixth Circuit, saying racial bias clearly factored into the company's decision-making because it kept on the white worker who started the fight.

  • November 02, 2026

    Truck Dealership Bargained In Bad Faith, NLRB Judge Says

    A truck dealership operator and two linked staffing companies violated federal labor law by bargaining in bad faith with a United Auto Workers local, withdrawing recognition from the union at an Illinois dealership and firing four workers who participated in a strike, a National Labor Relations Board judge has found.

  • November 02, 2026

    Union Backs NLRB Bid To Force NJ Rehab Center To Bargain

    A healthcare workers union urged a New Jersey federal judge to grant the National Labor Relations Board's bid for an injunction forcing a rehab center to bargain, panning the employer's claim it didn't know two workers were union supporters when it fired them hours after they made a demand for recognition.

  • November 02, 2026

    Union, Groups Challenge Trump's 'Noncitizen' Ballot Demand

    A labor union and two voter advocacy groups have asked a Washington federal court to stop President Donald Trump's administration from pressuring state election officials to set aside ballots from about 400 registered voters federal agencies believe are or were noncitizens.

  • November 02, 2026

    Teamsters Local Sued Over Boston Convention Job Walkout

    A trade show services company accused a Teamsters local in Massachusetts federal court of striking in violation of their labor contract and pressuring an event organizer to hire a competitor for a Boston convention, allegedly violating federal labor law and costing the company a contract.

  • November 02, 2026

    Trump Admin Seeks Revival Of Blocked Fixed-Term Visa Rule

    The Trump administration has told a Massachusetts federal court that its currently blocked final rule setting firm duration limits on foreign student and press visas is critical for national security, while education groups and labor unions said the court's prior analysis "needs no retreading."

Expert Analysis

  • Consistency Is Key In Pipeline Incident Investigations

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    A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

  • NLRB Ruling Allows Leeway On Disciplining Misconduct

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    The National Labor Relations Board's recent decision in Lion Elastomers gives employers more room to discipline employees for threatening and offensive conduct, even when it occurs during protected activity, renewing focus on employer motive, consistency and documentation, says Sarah Niemiroski at Shipman & Goodwin.

  • Defending Hospital Antisteering Clauses From DOJ Scrutiny

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    The Trump administration has recently made clear that pursuing antitrust challenges to antisteering provisions in hospital-insurer contracts is a priority — but a review of similar cases against hospital systems and important precedent from the U.S. Supreme Court illuminates some potential defenses in such cases, says Derek Moore at Rule Garza.

  • Flashpoints In Focus: Navigating Anti-American Bias Scrutiny

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    In light of the U.S. Equal Employment Opportunity Commission encouraging workers to file charges alleging national origin discrimination against Americans, employers should separate political disagreement from protected status discrimination, and carefully examine language- and visa-related practices, say attorneys at Seyfarth Shaw.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • NY Severance Rules Persist Despite McLaren Macomb Threat

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    Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

  • Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks

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    Spirit Airlines' planned sale of deidentified business data to Google for artificial intelligence training exposes gaps in the Bankruptcy Code's privacy guardrails, particularly for employee information, say attorneys at Patterson Belknap.

  • NLRB Memo Signals Narrower View Of Protected Activism

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    A recent National Labor Relations Board memo concluding that Microsoft lawfully discharged two employees who conducted a pro-Palestinian protest on company property indicates that the current NLRB general counsel may take a more restrictive view of when political or social advocacy qualifies as protected activity, say attorneys at Franczek.

  • Visa Ruling Exposes APA Risks For DHS Grace Period Repeal

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    Four defects described in a September district court decision halting the U.S. Department of Homeland Security's new restrictions on student visas as arbitrary and capricious under the Administrative Procedure Act can also be seen in the agency's recent proposal to eliminate a long-standing grace period for laid-off skilled foreign workers, says Jun Li at Reid & Wise.

  • How Employers Can Navigate NLRB Rulings Ripe For Reversal

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    Given a recent National Labor Relations Board memo seeking to reverse several precedents — including on severance agreements and workplace policies — employers should prepare now to restore broader protections when the board acts, while following the law as it exists today, says Howard Lavin at Thompson Coburn.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.