Labor

  • April 16, 2025

    Starbucks Wants 2nd Circ. To Reverse NLRB On 1-Pin Rule

    The Second Circuit must reverse a National Labor Relations Board decision finding that barring employees at a Manhattan Starbucks from wearing more than one union pin is illegal, the coffee giant argued, saying the board ignored a 2012 ruling from the same appeals court upholding the policy.

  • April 15, 2025

    Whistleblower Says DOGE's NLRB Probe Exposed Data

    An employee with the National Labor Relations Board sent a whistleblower disclosure to members of Congress on Monday alleging that Elon Musk's Department of Government Efficiency harvested Americans' sensitive information and likely exposed the data to foreign adversaries.

  • April 15, 2025

    7th Circ. Judge Skeptical Amazon Violated Labor Law

    A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."

  • April 15, 2025

    Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling

    A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.

  • April 15, 2025

    Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues

    A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.

  • April 15, 2025

    Tape Maker Illegally Fired Worker For Posts, NLRB Judge Says

    An adhesive tape manufacturer violated federal labor law by firing a worker for putting up postings on union bulletin boards at a Michigan facility, a National Labor Relations Board judge ruled, while also considering the lawfulness of work rules on remand from the board.

  • April 15, 2025

    Journalists, Unions Fight VOA Shutdown In DC Federal Court

    A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.

  • April 15, 2025

    Pot Shop Challenges NY Cannabis Labor Peace Law

    A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Unions Claim Cuts To FMCS Under Trump Order Are Illegal

    A coalition of unions has hit the Trump administration with a federal lawsuit accusing it of dismantling the Federal Mediation and Conciliation Service, alleging President Donald Trump took an ax to the labor-management dispute resolution agency in violation of Congress' will.

  • April 14, 2025

    Union Asks DC Circ. To Affirm NLRB's Info Request Ruling

    An electrical workers union told a Montana internet provider why it needed information about a potential diversion of bargaining unit work, the union told the D.C. Circuit, asking the court to uphold the National Labor Relations Board's finding that the company violated labor law by denying the request.

  • April 14, 2025

    Teamsters, United Want To Appeal Airline Worker Arb. Order

    The Teamsters and United Airlines asked a California federal court to allow an appeal of its order finding the Railway Labor Act gives individual airline employees the right to send their grievances to arbitration despite the union's objection, looking to take the dispute to the Ninth Circuit.

  • April 14, 2025

    Ark. PBM Regulation Violates ERISA, Teamsters Fund Says

    An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.

  • April 14, 2025

    NY AG Seeks Toss Of Seventh-Day Adventist's Bias Suit

    New York Attorney General Letitia James has asked a federal judge in Manhattan to toss a potential class action brought by a former state disability office employee against the state and her labor union claiming she was fired for demanding specific days off for religious observances.

  • April 14, 2025

    CWA, Verizon Dispute Fired White Worker's Race Bias Claims

    The Communications Workers of America and Verizon challenged a worker's suit alleging he was fired for using the N-word because he is white, with the union and company arguing that the CWA hadn't breached its duty of fair representation by not advancing a grievance over the firing to arbitration.

  • April 14, 2025

    NLRB Official Won't Let Legal Assistant Join Teachers Union

    An attorney's assistant at the North Carolina Association of Educators can't join the union that represents the teachers union's staff, a National Labor Relations Board official held, saying her access to meetings during which bargaining strategy is discussed renders her a union-ineligible confidential employee.

  • April 14, 2025

    Kellanova Must Arbitrate Bakery Workers' Promotion Dispute

    A Michigan federal judge has ordered Kellanova to arbitrate a wage dispute with a Bakery, Confectionery, Tobacco Workers & Grain Millers union local, ruling that the case hinges on the terms of an expired contract that calls for arbitration of unresolved grievances.

  • April 11, 2025

    Pa. Bus Driver's Reinstatement Upheld In Harassment Case

    A Pennsylvania transit workers union can keep its win against a regional public transit operator over the firing of a bus driver accused of harassment, a state appellate court concluded Friday, finding that an arbitration award that changed the firing to a suspension drew its essence from the collective bargaining agreement.

  • April 11, 2025

    NYC Nexstar Station Must Provide Info, NLRB Judge Says

    A New York City television station operated by Nexstar violated federal labor law by refusing to give requested financial information to the NewsGuild of New York, a National Labor Relations Board judge ruled Friday, concluding the union had a right to seek these details amid contract talks.

  • April 11, 2025

    Trump Admin. Says NLRB, MSPB Firings Fit Precedent

    Fired Merit Systems Protection Board and National Labor Relations Board members are overstating the reach of U.S. Supreme Court precedent allowing limits on the president's power to remove independent agency leaders, the Trump administration told the D.C. Circuit on Friday as it seeks to reverse decisions reinstating the members.

  • April 11, 2025

    FLRA Nixes NLRB Union's Appeal Of Probationary Atty Award

    The Federal Labor Relations Authority upheld an arbitrator's conclusions that the National Labor Relations Board's collective bargaining agreement with a union shuts out a grievance about a probationary attorney's performance review, tossing the union's challenge to the award.

  • April 11, 2025

    Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.

    A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.

  • April 11, 2025

    3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row

    Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    Plumbing Co.'s Wage Talk Ban Was Illegal, NLRB Judge Says

    A plumbing company in Utah threatened to fire employees for talking about compensation and terminated a worker in violation of federal labor law, a National Labor Relations Board judge ruled, finding the owner of the business can't bar employees from discussing pay with one another.

Expert Analysis

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Basics Of Collective Bargaining Law In Principle And Practice

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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • 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.

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