Labor

  • December 15, 2025

    Judge Tosses Ex-Delta Worker's 'Bare-Bones' Breaks Suit

    A Washington federal judge tossed a proposed class action accusing Delta Air Lines of understaffing that forced workers to miss meal and rest breaks, ruling on Monday that the plaintiff's "bare-bones allegations" were insufficient to allow the suit to proceed.

  • December 15, 2025

    Full 5th Circ. Denies Nexstar's Bid To Overturn Union Order

    The full Fifth Circuit declined to reconsider a panel decision to back a National Labor Relations Board order requiring Nexstar to start bargaining with a newly installed Communications Workers of America affiliate at two of its Denver television stations.

  • December 15, 2025

    UCFW Fights Challenge To Delegate-Allocation System

    The United Food & Commercial Workers asked a D.C. federal judge to toss two union members' challenge to the union's system of allocating convention delegates, saying the system complies with federal labor law and the members should challenge it at the convention if they want to change it.

  • December 15, 2025

    NY AG Says UPS Was Grinch With Seasonal Workers' Wages

    UPS "played the Grinch" by failing to pay seasonal workers it hires between October and January for work they performed outside their shifts, leading to millions in unpaid wages and overtime, New York Attorney General Letitia James said Monday.

  • December 12, 2025

    Fired MSPB Member Urges Full DC Circ. To Rehear Case

    A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.

  • December 12, 2025

    Delta Retirees' Pension Dispute Paused For Mediation Efforts

    A Nevada federal judge Thursday froze a proposed class action accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts, giving the airline and the former workers behind the suit a chance to try and reach a deal. 

  • December 12, 2025

    Healthcare Co.'s Noncompete Too Broad, NLRB Judge Says

    A Michigan healthcare staffing company violated federal labor law by requiring its phlebotomists to sign employment agreements containing overly broad and restrictive provisions, a National Labor Relations Board judge has determined.

  • December 12, 2025

    NLRB Asks Calif. Judge To Follow Colleague On Fill-In Law

    A California federal judge should follow his New York colleague's lead and hold that states likely cannot let their labor boards fill the National Labor Relations Board's shoes if the NLRB is faltering, the NLRB argued, saying "profound labor relations instability" could result if courts begin endorsing such laws.

  • December 12, 2025

    2nd Circ. Remands $100K Award To Fired Atty In Bias Case

    A Second Circuit panel vacated a $100,000 charging lien awarded to an attorney who represented a man who sued Marriott International Inc. for race-based harassment, agreeing that the lawyer was fired without cause but finding that the lower court appeared not to address several arguments in favor of a lower amount.

  • December 12, 2025

    4 Big ERISA Litigation Developments From 2025's 2nd Half

    The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.

  • December 11, 2025

    NLRB Judge Tosses Case Against 'Memphis 7' Starbucks

    An administrative law judge has determined that Starbucks didn't violate the National Labor Relations Act when it surveilled employees' union activities, more strictly enforced its punctuality policy and disciplined a union employee at a store that illegally fired seven activists in 2022.

  • December 11, 2025

    NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project

    A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.

  • December 11, 2025

    A 'Lost Year': Lawyers Look Back At NLRB Without A Quorum

    Labor attorneys have spent the last year in a holding pattern as they counsel clients on dealing with a National Labor Relations Board that has gone the bulk of 2025 without enough members to decide cases. 

  • December 11, 2025

    High Court Arb. Jurisdiction Case May Impact W&H Cases

    The U.S. Supreme Court's decision to take up a case about federal jurisdiction over the final say on arbitration awards is a technical battleground that may reaffirm state court power over such agreements, including those involving wage and hour claims, experts say.

  • December 11, 2025

    RLA Doesn't Confer Arb. Right Without Union, NY Judge Says

    The Railway Labor Act doesn't give airline workers the right to compel arbitration against their employers before a System Board of Adjustment if their union isn't representing them, a New York federal judge ruled, tossing a fired United Airlines technician's bid to compel arbitration without a Teamsters local's involvement.

  • December 11, 2025

    NJ Cannabis Co. Challenges Law Requiring Deal With Unions

    A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.

  • December 10, 2025

    Gov't Urges Justices To Review ERISA Pleading Standard Split

    The U.S. solicitor general and the solicitor of labor said the U.S. Supreme Court needs to clarify that workers must back their suits targeting underperforming retirement funds with proper comparison proof, urging the justices to take up a case taking aim at Parker-Hannifin Corp.'s retirement plan management.

  • December 10, 2025

    Judge Weighs Security Claims In Federal Bargaining Case

    A D.C. federal judge declined to immediately reinstate collective bargaining agreements for U.S. Patent and Trademark Office and National Weather Service employees Wednesday, saying the case brought by the workers was more "complicated" and "difficult" than other federal worker bargaining suits he'd recently enjoined.

  • December 10, 2025

    AFA-CWA Must Face Conspiracy Claims From SkyWest Group

    The Association of Flight Attendants must keep facing allegations that it conspired with SkyWest workers to access confidential information held by SkyWest's employee group during an organizing drive, a Utah federal judge has ruled, preserving the SkyWest Inflight Association's conspiracy counterclaims against the Communications Workers of America-affiliated union.

  • December 10, 2025

    Minneapolis Schools' Teacher Layoff Policy Biased, DOJ Says

    The U.S. Department of Justice told a Minnesota federal court that Minneapolis Public Schools has union-negotiated rules that give employees from underrepresented backgrounds an illegal leg up when decisions about layoffs are made.

  • December 10, 2025

    6th Circ. Mulls NLRB's Injunction Burden After Justices' Tweak

    A Sixth Circuit panel on Wednesday probed a judge's inference that Michigan hospital workers would suffer without an order making their employer resume dealing with their union in the circuit's first National Labor Relations Board injunction case since the U.S. Supreme Court altered the courts' test last year.

  • December 10, 2025

    Utah Lawmakers Repeal Public-Sector Bargaining Ban

    The Utah Legislature has voted to repeal a controversial bill that banned public-sector unions from collective bargaining, a move that comes after months of backlash from labor unions.

  • December 10, 2025

    4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight

    The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.

  • December 10, 2025

    Unions Push For New Block On Federal Worker Layoffs

    A California federal judge who blocked State Department layoffs set for Dec. 5 should halt the government from dismissing any Education and State Department employees until Jan. 30, a union coalition argued, saying Congress set that timeline in its appropriations bill and the government is trying to defy it.

  • December 09, 2025

    7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit

    A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

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