Labor

  • July 14, 2025

    Calif. Native American Casino Seeks To Block Workers' Strike

    A Native American casino near Yosemite National Park accused the union that represents about half of its employees of launching an illegal strike, claiming in a suit filed in California federal court that the UNITE HERE local is violating the law in several ways.

  • July 11, 2025

    New NLRB Memos On Recording May Portend More Limits

    Two recent policy memos from the National Labor Relations Board's Office of the General Counsel opining that federal labor law doesn't protect secret workplace recordings in certain circumstances may suggest the Trump administration has an appetite to permit more limits on workers.

  • July 11, 2025

    Chemical Co.'s Strike Suit Survives Teamsters' Dismissal Bid

    A Teamsters local must face claims that it broke the law during a nine-day strike on an Illinois chemical company last year, an Illinois federal judge ruled Friday, trimming a lawsuit against the union but preserving the bulk of the allegations.

  • July 11, 2025

    NLRB Calls For 9th Circ. Not To Delay Enforcement Order

    The National Labor Relations Board asked the Ninth Circuit not to pause issuance of the court's mandate upholding a refusal-to-bargain decision against UPS Supply Chain Solutions Inc., arguing the company had not proved it would face irreparable harm if enforcement wasn't stayed.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    US Seeks To Toss DOGE Taxpayer Data-Sharing Suit

    Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.

  • July 11, 2025

    8th Circ. Upholds Labor Peace Pacts In Minn. Cities

    Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.

  • July 11, 2025

    AT&T Units Illegally Changed Union Time, NLRB Judge Says

    Two AT&T subsidiaries serving Indiana and Ohio violated federal labor law by withholding information from a pair of Communications Workers of America locals and failing to bargain over changes to how workers can take time off to conduct union business, a National Labor Relations Board judge has ruled.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

  • July 10, 2025

    Dialysis Co. Says NLRB Directors Can't Act Without Quorum

    A California company that runs a chain of dialysis centers is challenging a National Labor Relations Board regional director's decision to certify a union at its Hollister, California, facility, arguing Thursday that the official shouldn't have been able to certify the union while the board lacks a quorum.

  • July 10, 2025

    Nonprofit Calls For Halt To Portland's Labor Peace Policy

    A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.

  • July 10, 2025

    NLRB Official Nixes Union Vote Challenge Over Board Quorum

    The National Labor Relations Board's lack of a quorum does not stop regional directors from considering union election petitions, an agency official determined Thursday, tossing a vehicle manufacturer's challenge to employees seeking a vote on representation by the United Auto Workers.

  • July 10, 2025

    Unions Defend Block On DOGE's Social Security Data Access

    The full Fourth Circuit should affirm a Maryland federal judge's decision to block the White House's Department of Government Efficiency from accessing Social Security Administration data, two unions and a retirees' advocacy group argued, saying that dissolving the injunction would violate their members' right to privacy.

  • July 10, 2025

    Ga. Eateries Illegally Fired Striking Workers, NLRB Judge Says

    A group of restaurants in Savannah, Georgia, violated federal labor law by firing workers who went on strike and making threats in response to union organizing, a National Labor Relations Board judge ruled, finding the employees' protest was protected under federal labor law.

  • July 09, 2025

    Airline Asks 7th Circ. To Uphold Win In Union Arbitrability Row

    An Indiana federal judge correctly ruled that a court, not an arbitrator, should have decided whether a policy dispute between Republic Airways and a Teamsters local was arbitrable, the regional airline told the Seventh Circuit, asking the appellate court to affirm that the arbitrator overstepped by making the call.

  • July 09, 2025

    Boston U. Beats Ex-Worker's Suit Over Sex Harassment Probe

    Boston University defeated a former maintenance employee's lawsuit alleging the school bungled its investigation into a sexual harassment complaint against him, with a Massachusetts federal judge ruling the worker's claim was preempted by federal labor law because it required examining his union contract.

  • July 09, 2025

    HELP Sets Hearing On NLRB GC, EEOC Member Noms

    President Donald Trump's picks to be the general counsel of the National Labor Relations Board and fill a vacancy on the U.S. Equal Employment Opportunity Commission will face their first test next week at a U.S. Senate committee hearing.

  • July 09, 2025

    Dispensary Workers Who Ousted Union Can't Have New Vote

    Workers at a Salt Lake City cannabis dispensary can't vote on representation by a Teamsters local, a National Labor Relations Board regional director determined, saying federal labor law blocks an election with a subunit of workers who participated in a decertification vote within the last year.

  • July 09, 2025

    Plan Administrator Seeks To Toss Union's Pension Error Suit

    A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.

  • July 09, 2025

    Hotel Defends NLRB Judge's Support For Customer Rule

    A National Labor Relations Board judge properly tossed a former Miami Beach hotel worker's claim that the hotel maintained an unlawful rule pertaining to communications with customers, the employer told the NLRB, asking the board to affirm the judge's dismissal of the case.

  • July 09, 2025

    NYC Homelessness Nonprofit Denied NLRB Injunction Hearing

    A New York City nonprofit that operates youth homeless shelters was denied its request for discovery and a hearing as part of an injunction bid it faces from the National Labor Relations Board, a federal judge ruled, finding relevant evidence would not arise from such proceedings.

  • July 08, 2025

    Chicago Nabs Early Win In City Workers' Genetic Bias Suit

    The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.

  • July 08, 2025

    Judge Halts Plan To Slash AmeriCorps Workforce, Funding

    A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.

  • July 08, 2025

    Fired FLRA Member Asks DC Circ. To Ax Stay Of Rehire Order

    A District of Columbia Circuit panel erred last week by blocking a court order that had reinstated a fired Federal Labor Relations Authority member in March, the member told the full D.C. Circuit, asking the court to reverse the block and let her keep her job.

  • July 08, 2025

    DC Circ. Says Teacher's Settlement Didn't Guarantee Rehiring

    The D.C. Circuit refused to reopen a teacher's lawsuit claiming D.C. Public Schools violated an agreement settling sexual harassment allegations when it declined to rehire him, ruling Tuesday the pact only guaranteed that he would be allowed to reapply for teaching jobs.

Expert Analysis

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

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    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

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    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

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    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

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    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

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    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

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    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

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    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

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    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

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