Labor

  • February 04, 2026

    Bread Courier Urges 6th Circ. To Revive Unfair Firing Suit

    A former bread deliveryman asked the Sixth Circuit to revive his challenge to his firing and his union's refusal to fight it in arbitration, telling the court that an Ohio federal judge was wrong to wrap up the case at the summary judgment phase.

  • February 03, 2026

    Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told

    The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."

  • February 03, 2026

    Questions Remain About FMCS Role After Trump Staff Cuts

    The Federal Mediation and Conciliation Service has settled into a new normal after a year of layoffs and court interventions, observers said, but questions persist about what the pared-down version of the agency will mean for the unions and employers that have used its services.

  • February 03, 2026

    2nd Circ. Upholds NLRB Subpoena Enforcement Order

    A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply with National Labor Relations Board subpoenas.

  • February 03, 2026

    Axed Mediation Board Member Claims Firing Was Illegal

    A former member of the National Mediation Board has sued President Donald Trump and several government officials over her dismissal in October, alleging in a complaint filed in D.C. federal court that she was unlawfully ousted from her position.

  • February 03, 2026

    5th Circ. Enforces NLRB Order Against NYC Janitorial Co.

    A Fifth Circuit panel has enforced a National Labor Relations Board order requiring a New York City janitorial contractor to rehire a longtime cleaner, saying the board reasonably linked the cleaner's 2020 firing to a series of complaints she'd recently lodged about work conditions.

  • February 02, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

  • February 02, 2026

    5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes

    A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    DC Airports Not Using Project Labor Agreements, Unions Say

    Construction industry unions have accused the Metropolitan Washington Airports Authority of refusing to comply with a resolution requiring project labor agreements on construction projects worth $35 million or more, according to a complaint filed in Virginia federal court.

  • February 02, 2026

    Teamsters Look To Ax Kraft Heinz's Challenge To Grievance

    Kraft Heinz shouldn't be allowed to scuttle a benefits fight by arguing that it should have been routed through the company healthcare plan's dispute resolution process, a Teamsters local told a Delaware federal judge, saying the dispute can be resolved through the grievance and arbitration process.

  • February 02, 2026

    NLRB Judge Says Mass. Hospital Illegally Banned Union Reps

    A Massachusetts hospital violated federal labor law by unilaterally changing a policy regarding when a nurse's union could access the facility and banning union representatives from the hospital, a National Labor Relations Board judge has ruled.

  • January 30, 2026

    Attys Say Absence Of NLRB Priority Memo Won't Affect Cases

    The National Labor Relations Board's new general counsel, Crystal Carey, has broken tradition set by her predecessors through her recent announcement that she will not issue a widely expected memo establishing her policy priorities, but experts do not expect the memo's absence to noticeably affect prosecutions at the board.

  • January 30, 2026

    NLRB Defends Starbucks Threat Findings At 9th Circ.

    Starbucks can't challenge a new restriction on employer speech that the National Labor Relations Board set out in a decision knocking the company's response to a Seattle union drive because the board only applied its rule going forward, the agency argued in a Ninth Circuit brief.

  • January 30, 2026

    Air Contractor Opposes NLRB Jurisdiction In Union Row

    A cargo handling contractor urged the National Labor Relations Board to reverse an official's decision to certify the International Association of Machinists and Aerospace Workers as the bargaining representative for employees at the Fresno, California, airport, arguing the decision falls under the jurisdiction of the Railway Labor Act.

  • January 30, 2026

    Calif. Forecast: 9th Circ. Hears Netflix Harassment Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments regarding whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prevents Netflix from seeking to send sexual harassment claims to arbitration. Here's a look at that case and other labor and employment matters coming up in California.

  • January 30, 2026

    Post-Gazette Says Health Plan Order Contempt Bid Is Moot

    The publisher of the Pittsburgh Post-Gazette says it is complying with a court order to put its newsroom employees back on a union-sponsored healthcare plan, so a request from the National Labor Relations Board to hold it in contempt is moot.

  • January 30, 2026

    NLRB Judge Clears Medieval Times In Union Bias Case

    ​​​​​​Medieval Times did not violate federal labor law by disciplining an employee who participated in a union campaign and testified in a previous case involving the American Guild of Variety Artists, a National Labor Relations Board judge ruled.

  • January 30, 2026

    NLRB Nixes Deal To End Employment Agreement Case

    A deal to settle a challenge to a wheelchair company's employment agreements must be reversed because it doesn't go far enough, the National Labor Relations Board said in its most substantial decision since getting back its quorum in early January.

  • January 30, 2026

    UPS Worker's Supervisor Status Dooms Teamsters Bias Suit

    An Indiana federal judge tossed a UPS manager's suit claiming a Teamsters local allowed its members to harass him with baseless complaints that he was a racist, ruling he couldn't sue under Title VII because, as a supervisor, he wasn't represented by the union.

  • January 30, 2026

    NY Forecast: 2nd. Circ. Hears Fired Police Officer's Bias Suit

    This week, the Second Circuit will consider reviving a former Eastchester, New York, police officer's suit claiming he was suspended and later fired because of his national origin.

  • January 29, 2026

    NYC Sets New Wage Standards For Security Guards

    Security guards at private buildings in New York City will be entitled to the same minimum wage, paid time off and benefits received by security guards at public buildings under a new union-supported city law enacted Thursday.

  • January 29, 2026

    Pulled NLRB Complaint Sheds Little Light On GC's Approach

    The recent withdrawal of a National Labor Relations Board complaint accusing the Salvation Army of restricting its workers' organizing rights may be a sign of things to come under the agency's new general counsel, though the signal is fuzzy.

  • January 29, 2026

    Ore. Seeks Quick Exit In Think Tank's Union Law Challenge

    ​​The state of Oregon has urged a federal judge to toss a free market think tank's lawsuit challenging a state law that allows unions to sue anyone who impersonates union representatives, arguing the claims are barred by the 11th Amendment.

  • January 29, 2026

    Wilcox's NLRB Firing Won't Be Reconsidered By DC Circ.

    Former National Labor Relations Board member Gwynne Wilcox's challenge to her firing has hit another wall, with the full D.C. Circuit saying it won't reconsider a panel's decision to drop her lawsuit seeking reinstatement.

Expert Analysis

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Trump Presidency May Influence NLRB's Next Phase

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    Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • 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.

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