Labor

  • August 15, 2025

    NLRB Attys Add To Wells Fargo Case Seeking Cemex Order

    National Labor Relations Board prosecutors amended an unfair labor practice case seeking a Cemex bargaining order against Wells Fargo, according to a copy of the complaint obtained by Law360 on Friday, adding a claim that the bank illegally disciplined a union supporter.

  • August 15, 2025

    8th Circ. Used Wrong Analysis In Starbucks Spat, NLRB Says

    An Eighth Circuit panel must reconsider its decision to vacate a National Labor Relations Board ruling about a Starbucks manager's remarks during a union organizing drive, the board argued, claiming the panel did not apply the proper test for reviewing threats about wages and benefits.

  • August 15, 2025

    Split DC Circ. Says Federal Union Not Immune From Bias Suit

    A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom. 

  • August 15, 2025

    AFA-CWA Fights SkyWest Group's Counterclaims

    The Association of Flight Attendants, a union organizer and a group of current and former SkyWest flight attendants have asked a Utah federal judge to toss most of the counterclaims in their suit accusing the airline of undermining a union drive, saying the SkyWest Inflight Association can't substantiate its allegations against them.

  • August 15, 2025

    NLRB Top Cop Says States Can't Act As Agency Stand-In

    The National Labor Relations Board's acting general counsel opined Friday that federal law blocks pending state proposals to take on the agency's labor relations oversight even when the board can't perform certain functions because it lacks a quorum.

  • August 15, 2025

    Calif. Forecast: 9th Circ. Hears Federal Worker Firings Fight

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case challenging federal layoffs that paid a visit to the U.S. Supreme Court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 15, 2025

    NY Forecast: Class Cert. Args. In Bloomberg Pay Bias Case

    This week, a New York federal magistrate judge will hear arguments over a bid to certify a class of female former employees at Bloomberg LP who claim they were systematically paid less than their male counterparts.

  • August 15, 2025

    Co. Must Follow Award Barring Double Duty, Ohio Judge Says

    An insulation company must abide by an arbitration award requiring it to stop having workers do two jobs at once, an Ohio federal judge ruled, finding the arbitrator's decision is valid based on an analysis from the Sixth Circuit.

  • August 15, 2025

    DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts

    A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.

  • August 14, 2025

    Ed. Dept. Effort To Bar School Diversity Programs Blocked

    A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."

  • August 14, 2025

    9th Circ. OKs Returning Calif. Farm Wage Suit To State Court

    A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.

  • August 14, 2025

    Las Vegas Cos. Owe $1.2M In Union Pension Row, Judge Says

    Two window-washing companies in Las Vegas are on the hook for more than $1.2 million in withdrawal liability to a union pension plan, a Nevada federal judge determined, concluding the businesses are successors of older companies.

  • August 14, 2025

    Wilcox Case Dims Amazon NLRB Injunction Hopes At 9th Circ.

    A Ninth Circuit panel appeared unlikely Thursday to block the National Labor Relations Board from pressing a case against Amazon, as judges noted the company appears to already have the prize its suit seeks: an end to the bar on the president removing NLRB members.

  • August 14, 2025

    DHS Can't Ax Suit Challenging Dissolution Of TSA Union Deal

    The U.S. Department of Homeland Security can't defeat unions' suit alleging the agency's move to end a collective bargaining agreement covering Transportation Security Administration workers is retaliatory, a Washington federal judge ruled, finding the district court has jurisdiction to weigh in on the case.

  • August 14, 2025

    NLRB Official Says Security Guards Can't Change Unions Yet

    Security guards at a Social Security Administration building in Urbana, Maryland, already have a union whose status as their bargaining representative can't be challenged yet, a National Labor Relations Board official found, tossing a bid by Governed United Security Professionals to represent the workers.

  • August 13, 2025

    Trump Admin Bid To Kill SSA Data Suit Ruled Premature

    The Trump administration can't fight an injunction in Maryland federal court and the Fourth Circuit simultaneously, a Maryland federal judge said Wednesday, tabling the administration's dismissal bid while the Fourth Circuit considers whether to lift a ban on the Department of Government Efficiency accessing unredacted Social Security data.

  • August 13, 2025

    USDA Union Challenges Trump's Order On Bargaining Rights

    A union representing U.S. Department of Agriculture plant inspectors became the latest group to challenge President Donald Trump's executive order that the union says guts collective bargaining rights for federal employees based on a national security exemption, arguing Wednesday in D.C. federal court that these workers do not have ties to national security.

  • August 13, 2025

    NLRB GC Aims To Trim Agency Workload With Deferral Memo

    A recent memo by the National Labor Relations Board's acting general counsel instructing prosecutors to carefully consider when to defer cases to contractual arbitration processes could lead to more disputes being channeled away from the board, following in line with his other efforts to reduce agency workload, experts said.

  • August 13, 2025

    11th Circ. Revives ILA Members' Nepotism Suit Against Union

    The Eleventh Circuit revived a duty of fair representation suit from members of an International Longshoremen's Association affiliate Wednesday, finding those members plausibly alleged that the local engaged in nepotism by giving hiring priority to union leaders' family and friends.

  • August 13, 2025

    DC Circ. Won't Halt Noncitizen Registration Rule For Appeal

    The D.C. Circuit denied a request by immigrant rights groups to halt a policy requiring noncitizens to register with the federal government or face prosecution, while denying the Trump administration's bid to dismiss the groups' appeal.

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    Waste Co. Says Police Won't Stop Teamsters' Actions At Strike

    Republic Services requested an injunction to halt a Teamsters local from blocking access to the waste collection company's property around Boston and physically assaulting workers during a strike, claiming local police departments are not taking steps to stop unlawful conduct.

  • August 12, 2025

    Unions, Groups Appeal Axing Of USAID Shutdown Challenges

    Two unions, a humanitarian aid nonprofit and a contractors association have asked the D.C. Circuit to revive their attempts to stop the Trump administration from dismantling the U.S. Agency for International Development, challenging a judge's conclusion that their claims belong before expert agencies rather than in court.

  • August 12, 2025

    SAG-AFTRA Health Plan Members Settle Data Breach Suit

    SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event. 

Expert Analysis

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Insuring Lender's Baseball Bet Leads To Major League Dispute

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    In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

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