Labor

  • September 28, 2026

    Trump NLRB's Unique 1st Policy Reversal Leaves Questions

    The procedural findings underlying the National Labor Relations Board's recent repudiation of a Biden-era decision that gave workers some cover for outbursts leave some uncertainty about the board's view of the issue, and may make some precedential decisions more vulnerable to challenge.

  • September 28, 2026

    Creamery Blocked From Cutting Off Workers' Healthcare

    A billion-dollar dairy cooperative that is trying to shutter a century-old creamery in Vermont cannot revoke the staff's health insurance until it resolves a dispute with a Teamsters local over whether the shutdown is lawful, a state federal judge ruled Monday, partially granting the union's request for an injunction.

  • September 28, 2026

    2nd Circ. Backs Tossing Ex-United Worker's Grievance Claim

    The Second Circuit on Monday rejected a former United Airlines employee's bid to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, ruling that the worker waived his right to pursue the grievance on his own.

  • September 28, 2026

    NLRB Urged To Rethink Union Certification Standard

    An energy company urged the National Labor Relations Board to review a regional director's decision to certify an International Brotherhood of Electrical Workers local as the representative for a unit of its employees in Illinois, claiming it's "high time" for the board to reconsider a long-standing certification standard.

  • September 28, 2026

    NLRB Member Requests More Clarity On Union Decert. Votes

    The National Labor Relations Board should give its regional directors guidance on when they may schedule a union decertification election at an employer that stands accused of violating federal labor law, Republican board member Scott Mayer said in a footnote to a recent decision.

  • September 25, 2026

    NLRB Defends Gag Rule Ban From AT&T Retailer's Challenge

    The Fifth Circuit should toss an AT&T retailer's challenge to the National Labor Relations Board's ban on broad nondisclosure agreements in severance pacts, the agency said Friday, fighting the company's argument that gag rules should be considered lawful unless the employer's enforcement of them would violate labor law.

  • September 25, 2026

    NLRB Privilege Ruling Could Shift Fights Over Info Requests

    A recent National Labor Relations Board decision finding that documents covered by attorney-client privilege do not need to be disclosed in union information requests could increase litigation over privilege claims at the board and affect how employers approach grievance arbitration, experts said.

  • September 25, 2026

    Rail Industry Wants Full 11th Circ. To Review FRA Rule

    Railroad industry groups are asking the Eleventh Circuit to hold an en banc rehearing after a split panel rejected their challenge to a 2024 Federal Railroad Administration rule requiring two-person train crews, saying the panel's decision expands agency authority and goes against Supreme Court precedent.

  • September 25, 2026

    Unions, Feds Settle Suit Over Gov't Shutdown Layoffs

    A coalition of labor unions and the U.S. Department of Justice have agreed to settle claims in a dispute challenging the layoffs of federal employees that occurred during the 2025 government shutdown, according to an agreement filed by the parties.

  • September 25, 2026

    Union Says Spirit AI Data Sale May Breach Contract

    Spirit Airlines' flight attendants' union has told a New York bankruptcy judge that the bankrupt airline has reduced the amount of business data it's proposing to sell to Google for artificial intelligence training, but the files still might include data protected by the union's contract.

  • September 25, 2026

    AAA Western Unit Sabotaged Bargaining, NLRB Judge Says

    A western unit of the American Automobile Association violated federal labor law by bargaining in bad faith with its workers' union, a National Labor Relations Board judge has ruled, saying the company employed dishonest tactics such as going back on an agreement and proposing a dramatic pay cut.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Calif. Forecast: Aya Healthcare Wants Wage Arb. Bid Back On

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in Aya Healthcare Services Inc.'s attempt to revive a motion to compel arbitration in a wage and hour suit by travel clinicians. Here's a look at that case and other labor and employment matters on deck in California.

  • September 25, 2026

    NY Forecast: 2nd Circ. Weighs Political Retaliation Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former employees with the Orange County, New York, Sheriff's Office who claim they were fired because they supported the sheriff's opponent in an election.

  • September 24, 2026

    Ill. Justices Mull Closed Arb. For Chicago Police Misconduct

    Illinois Supreme Court justices wrestled Thursday with whether the city of Chicago's history of publicly adjudicating allegations of the most serious police misconduct can establish a statewide public policy requiring open proceedings, while questioning a city police union on why transparency and promoting trust in law enforcement don't justify public attendance.

  • September 24, 2026

    Novartis Beats Patent Listing Suit Over Entresto

    A New York federal judge gave Novartis permanent relief from a proposed class action alleging it monopolistically delayed generic competition for its blockbuster heart failure drug Entresto, concluding that the drugmaker properly used a patent to ensure exclusivity.

  • September 24, 2026

    Nevada Judge Tosses Casino Co.'s NLRB Challenge

    A Nevada federal judge has tossed a casino operator's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, ruling that the operator failed to show sufficient harm stemming from removal protections for NLRB members and the board's administrative law judges.

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    NY Labor Contracts Don't Clash With H-2A Laws, Judge Says

    A New York magistrate judge on Thursday recommended rejecting a bid to block the state from imposing a union contract covering agricultural workers at three farms, ruling the farms fell short in showing a likelihood of success on their claims or of irreparable harm.

  • September 24, 2026

    Ogletree Lands New GC From Cooley In NY

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has tapped Cooley LLP's deputy general counsel to serve as its legal leader, the firm announced Thursday.

  • September 24, 2026

    Litigation Spending To Keep Climbing While Biz Risks Mount

    Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

  • September 23, 2026

    Circuit Rift On Pension Credit May Catch Supreme Court's Eye

    The Seventh Circuit recently established how to credit employers for a previous partial withdrawal from a multiemployer pension fund when calculating liability for a complete exit, resulting in a split with the Ninth and Eleventh circuits and raising the likelihood the issue could eventually reach the U.S. Supreme Court, attorneys said.

  • September 23, 2026

    NLRB Guards Atty-Client Docs From Union Info Requests

    Employers do not need to disclose communications protected by attorney-client privilege to unions as part of information requests, the National Labor Relations Board held Wednesday, saying a balancing test that typically determines the release of confidential information doesn't apply to such documents.

  • September 23, 2026

    NLRB Orders Pizzeria To Bargain In Union Cert. Row

    A Texas pizzeria must bargain with a union as the exclusive collective bargaining representative for a unit of its employees, the National Labor Relations Board ruled Wednesday, handing out a decision that will allow the company to challenge the board's certification of the union in a federal appeals court.

  • September 23, 2026

    Teamsters Seek Order Protecting Creamery Staff's Healthcare

    A billion-dollar dairy cooperative that is trying to close a century-old creamery in Vermont shouldn't be allowed to revoke the staff's health insurance while the staff's union argues that the shutdown is unlawful, the Teamsters local representing the creamery's workers argued, seeking an injunction in Vermont federal court.

Expert Analysis

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • 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.

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