Labor

  • 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.

  • July 08, 2025

    Suits Test States' Power To Regulate Farm Labor

    The farmworker unionization schemes in California and New York are under threat as groups of workers join growers in probing the courts' appetite to limit states' powers to give farmworkers the rights to unionize and collectively bargain.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

  • July 08, 2025

    NLRB Defends Multiemployer Talks Ruling At 6th Circ.

    The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.

  • July 07, 2025

    5th Circ. Says Apple Didn't Suppress Union In NYC

    The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.

  • July 07, 2025

    Pittsburgh Post-Gazette Says NLRB Can't Dictate Business

    The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.

  • July 07, 2025

    MLB Pension Plan Says Spouse Of 7 Weeks Doesn't Qualify

    Major League Baseball's pension plan doubled down Monday on its argument that a woman who married a retired Cincinnati Reds pitcher seven weeks before he died cannot collect surviving spouse benefits, saying marriages must last a year for spouses to qualify.

  • July 07, 2025

    5 Labor Cases To Watch In The 2nd Half Of 2025

    The second half of the year could be consequential for labor law practitioners as courts consider challenges to National Labor Relations Board rulings easing bargaining orders and limiting how employers can respond to union election campaigns. Here, Law360 looks at these and other cases to watch in the second half.

  • July 07, 2025

    Plumbers Union Pushes NLRB To Allow 2nd Vote

    A plumbers union called for the National Labor Relations Board to uphold a regional director's order for a second representation vote, arguing a family-owned company in Kentucky committed federal labor law violations warranting another vote.

  • July 07, 2025

    Ex-Driver Says Firing Suit Against Co., Union Must Proceed

    A former bread deliveryman was following his employer's rules when he refused to make a delivery that would have been unsafe because of road conditions, the deliveryman told an Ohio federal judge, asking her to preserve his lawsuit against his former employer and union.

  • July 07, 2025

    ​​​​​​​Gov't Says OPM Didn't Order Probationary Worker Firings

    The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    No NLRB Quorum Means No Union Certification, Co. Argues

    A cargo handling contractor at the Cleveland airport is fighting its employees' unionization, asking a National Labor Relations Board official to reconsider her decision to certify an International Association of Machinists local as the workers' bargaining representative.

  • July 07, 2025

    More NY Public Interest Attys And Advocates Authorize Strikes

    Eight chapters of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — have voted to authorize strikes as workers hope their sectoral bargaining strategy will lead to more favorable deals with managers.

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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