Labor

  • 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.

  • January 29, 2026

    NJ Justices Say Title IX Preempts Rutgers Union Contract

    A grievance procedure in a local union's collective negotiation agreement with Rutgers University is preempted by Title IX, the New Jersey Supreme Court said Thursday, reversing a lower court's decision that forced the university into post-termination arbitration over a custodian fired for sexual harassment.

  • January 29, 2026

    Telecom Tower Co. Threatened Workers, NLRB Judge Says

    A wireless and broadcast communications infrastructure company violated federal labor law by indirectly threatening to fire its workers because they engaged in protected activity and preventing them from discussing their pay, a National Labor Relations Board judge ruled.

  • January 29, 2026

    Mediation Board Claims SpaceX After NLRB Referral

    The agency that oversees labor relations in air and rail transportation has said SpaceX falls under its authority, likely spelling the end of the National Labor Relations Board's legal battles with the rocket maker.

  • January 28, 2026

    Unions Say FEMA Staff Cuts Threaten Disaster Readiness

    A coalition of unions, nonprofit organizations and local governments that are challenging the Trump administration's federal worker layoffs and agency reorganizations asked a California federal judge Tuesday for permission to add the Federal Emergency Management Agency as a defendant, saying ongoing staff cuts threaten its legally mandated responsibility to respond to disasters.

  • January 28, 2026

    NLRB Defends Upholding TV Station Union Vote At 2nd Circ.

    The National Labor Relations Board urged the Second Circuit on Wednesday to uphold its order requiring Nexstar to bargain with a union representing workers at a New York news station, saying the company did not present compelling evidence that the election process was tainted.

Expert Analysis

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Weathering Policy Zig-Zags In Gov't Contracting Under Trump

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    To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 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.

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