Labor

  • September 29, 2025

    NLRB Judge Rejects Waiver Defense In Health Cost Row

    A National Labor Relations Board judge on Monday said a Kentucky energy nonprofit violated federal labor law by hiking workers' healthcare costs without negotiating, rejecting the employer's argument that the workers waived their right to bargain.

  • September 29, 2025

    Firefighter Fired After Race Bias, Wage Complaints, Suit Says

    A Black former New York City firefighter told a Manhattan federal court he was fired weeks after filing grievances about racial discrimination and wage theft, saying he was routinely required to work off the clock and worked hundreds of hours without compensation.

  • September 29, 2025

    Kroger Must Face Ex-Worker's ADA Retaliation Claim

    Kroger must face a lawsuit accusing the supermarket chain of unlawfully firing a clerk who refused to sign a release required for her to be rehired, a Georgia federal judge ruled, but tossed the former clerk's allegations against a labor union and nixed a disability bias claim against Kroger.

  • September 29, 2025

    NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule

    A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.

  • September 26, 2025

    Construction Co. Urges Court To Ax Labor Deal Requirements

    A construction company called on the U.S. Court of Federal Claims to order the Army Corps of Engineers to eliminate requirements that companies negotiate labor prices and work terms with a labor union to be eligible for a construction contract.

  • September 26, 2025

    SEIU Fights Enforcement Of $546K Social Media Arb. Award

    A D.C. federal judge shouldn't enforce an arbitration award that would compel the Service Employees International Union to pay a healthcare company nearly $550,000 because the union made social media posts that the company considered critical, the union said, arguing that the award was not final.

  • September 26, 2025

    9th Circ. Urged Against Rethinking Union Work Precedent

    The International Longshore and Warehouse Union urged the full Ninth Circuit not to rethink precedent on the National Labor Relations Board's power to vet competing union work jurisdiction claims that a panel called into question, saying its case is an "exceptionally poor" vehicle for en banc review.

  • September 26, 2025

    Bakery, Union Beat Back Ex-Driver's Lawsuit Over Firing

    A former bread deliveryman who was fired for abandoning a delivery has lost his lawsuit against his ex-employer and union, with an Ohio federal judge finding he lacked support for his arguments that there was no safe way to complete the delivery and that the union dropped the ball.

  • September 26, 2025

    Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law

    Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.

  • September 26, 2025

    Calif. Forecast: Grubhub Drivers Seek $24.8M Deal Approval

    In the coming week, attorneys should watch for a preliminary settlement approval hearing in a long-running proposed wage and hour classification class action against Grubhub that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters on deck in California.

  • September 26, 2025

    Southwest Airlines Inks $18.5M Deal In Military Leave Suit

    Southwest Airlines Co. will fork over $18.5 million to end a proposed class action from workers who alleged the company's handling of short-term military leave violated a federal military nondiscrimination law, according to filings in California federal court.

  • September 25, 2025

    UFCW Faces Negligence Suit Over Data Breach Affecting 55K

    A United Food and Commercial Workers local was hit with a putative class action in Colorado federal court Thursday looking to hold it liable for allegedly failing to protect more than 55,000 individuals' personal information from a cybersecurity attack and waiting more than nine months to inform the victims.

  • September 25, 2025

    Unions' Challenge To Trump Resignation Program Tossed

    A Massachusetts federal judge shut the door on three unions' suit to block the president's deferred resignation program, saying the groups' challenge belongs before the agencies Congress created to handle federal personnel disputes.

  • September 25, 2025

    Feds Want USPTO Union Suits Over Trump Order Reassigned

    The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.

  • September 25, 2025

    DC Circ. Skeptical Of Enforcing Cemex When Gissel Will Do

    A D.C. Circuit panel balked Thursday at the National Labor Relations Board's bid to enforce a bargaining order against Red Rock Casino Resort and Spa under the board's new standard after appearing to buy that the board justified one under a stricter, more established test.

  • September 25, 2025

    8th Circ. Backs UPS In Driver's Bias, Retaliation Suit

    A Black UPS driver has lost his suit accusing the company of coming down harder on him for skipping Saturday shifts than it did on white drivers at a facility in Des Moines, Iowa, with the Eighth Circuit affirming the dismissal of the litigation Thursday.

  • September 25, 2025

    Ohio Airport Must Face Union's Picket Restriction Challenge

    A union may continue pursuing its lawsuit accusing the Columbus airport of violating workers' First Amendment rights by placing restrictions on picketing, an Ohio federal judge ruled, rejecting the argument that the union lacks standing to sue.

  • September 24, 2025

    Minn. Judge Suspended For Attempting To Boost Staffer's Pay

    A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.

  • September 24, 2025

    High Court Won't Review Legality Of Wilcox, Harris Firings

    The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.

  • September 24, 2025

    Union Says Trump Has Fired More Immigration Judges

    The union that represents the judges who hear immigration cases said the government has fired at least 16 judges without cause in recent days, adding to the dozens of judges who have left or been fired since President Donald Trump took office. 

  • September 24, 2025

    What To Expect As The DC Circ. Mulls NLRB's Cemex Test

    The D.C. Circuit is set to ponder the National Labor Relations Board's new bargaining order standard in Red Rock Casino Resort and Spa's challenge to a board ruling that it tanked a union's organizing effort. Here, Law360 previews the court's first look at the Cemex standard.

  • September 24, 2025

    TV Station Calls Union's Offer To Waive Initiation Dues A Bribe

    A Southern California television station has asked the National Labor Relations Board to revive the station's challenge to the union recently formed by a portion of its production employees, saying the workers were essentially bribed into voting yes.

  • September 24, 2025

    Senate Committee Hearing On NLRB Nominees Set For Oct. 1

    Two candidates for seats on the National Labor Relations Board will face the first step of the confirmation process Oct. 1, when a Senate committee will consider their nominations.

  • September 24, 2025

    Mich. Hospital Must Bargain With SEIU Amid 6th Circ. Appeal

    A Michigan hospital must keep bargaining with a Service Employees International Union affiliate while it appeals an injunction that forced it to resume working with the union, a Sixth Circuit panel said, finding the hospital is unlikely to show it acted lawfully when it withdrew recognition in 2023.

  • September 23, 2025

    Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal

    The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.

Expert Analysis

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Why State Captive Audience Laws Matter After NLRB Decision

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    As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

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