Labor

  • 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.

  • December 09, 2025

    Ohio Clinic Beats Firing Case Before NLRB Judge

    An Ohio addiction treatment clinic's 2022 firing of a receptionist didn't violate federal labor law, a National Labor Relations Board judge ruled Tuesday, finding that a pair of letters the receptionist co-signed about work conditions that year didn't factor into her dismissal.

  • December 09, 2025

    United Says Labor Contract Pushes Wage Row To Arbitration

    Federal labor law requires United Airlines Inc. flight attendants to arbitrate their proposed wage class action, the airline told a New Jersey federal court, saying resolution of the claims hinges on the parties' collective bargaining agreement.

  • December 09, 2025

    NJ Builder Says Court Can Decide Tunnel Labor Row

    The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

  • December 09, 2025

    Ind. Casino Workers Vote For Teamsters After 7-Week Strike

    Workers at an Indianapolis casino have voted for representation by a Teamsters unit, ending a seven-week strike demanding that the casino recognize the unit as their representative.

  • December 09, 2025

    3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction

    A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.

  • December 08, 2025

    11th Circ. Vacates Benefits Ruling In Black Lung Case

    The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine. 

  • December 08, 2025

    Conservative Justices Probe 'Husk' Of FTC Firing Protections

    The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

  • December 08, 2025

    NY Hotel Ordered To Pay $4.1M In Union Benefits Dispute

    A Manhattan hotel operator must hand over $4.1 million to a hotel and hospital workers union, a New York federal judge ruled, finding that the operator has failed to respond to accusations that it owes money to multiple health benefit funds.

  • December 08, 2025

    Pa. Court Halts Bucks College Project Over Labor Agreement

    Bucks County Community College in eastern Pennsylvania can't move ahead with a $2 million expansion of its HVAC training program because a potential bidder convinced a majority of the Commonwealth Court on Friday that the school's preexisting "public labor agreement" was likely discriminatory to nonunion workers and met no urgent need.

  • December 08, 2025

    Teamsters Local Defends Call Not To Arbitrate Worker's Firing

    A Teamsters local asked a Michigan federal judge to remove it as a defendant in a Black construction worker's bias lawsuit, saying it decided not to arbitrate the employee's firing grievance not because of his race, but because it didn't think it could win.

  • December 08, 2025

    Justices Block Union From Appealing 5th Circ. SpaceX Ruling

    The U.S. Supreme Court on Monday denied a union's bid to seek review of a Fifth Circuit ruling that entitles employers targeted by the National Labor Relations Board to court orders blocking the agency's cases.

  • December 08, 2025

    Arbitrator Erred In Tossing Firing Grievance, Union Tells Court

    An Indiana federal judge should vacate an arbitration award that allowed a landfill employee's firing to stand, the ex-worker's union argued, saying the arbitrator based his award not on the language of the union contract but on a rule that he "invented."

  • December 05, 2025

    Wash. AG, Lawmakers Pitch Bill To Protect Immigrant Workers

    Two Washington lawmakers and the state's attorney general Friday announced plans to introduce legislation that would attempt to protect immigrant workers from federal crackdowns, saying the state's "prosperity would not be possible without the contributions of immigrants."

  • December 05, 2025

    Teamsters Challenge NLRB's Bid To Block California Law

    The Teamsters have asked a California federal judge to preserve a state law that expanded the state labor board's power, telling the judge that the law can exist side by side with the National Labor Relations Act and that he should reject the National Labor Relations Board's bid to block it.

  • December 05, 2025

    NLRB Could Get Quorum Back After Nominee Added To Bloc

    The National Labor Relations Board may soon have a quorum again after Senate Republicans added a nominee who recently won the labor committee's approval to a bloc of nearly 100 nominees for positions across federal agencies that the Senate will consider together. 

  • December 05, 2025

    10th Circ. Won't Stay Order In Union Early Retirement Case

    A union pension plan must comply with an order compelling it to restore benefits to certain early retirees while it appeals the ruling that required it to do so, the Tenth Circuit held, denying the plan's request for a stay of the order.

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • A Look At 2023's Major NLRB Developments Thus Far

    Author Photo

    Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

    Author Photo

    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • 2 Steps To Improve Arbitrator Diversity In Employment Cases

    Author Photo

    There are prevalent obstacles in improving diversity among arbitrator ranks, but in the realm of employment-related disputes, there are two action items practitioners should consider to close the race and gender gap, say Todd Lyon and Carola Murguia at Fisher Phillips.

  • Cos. Should Consider Virtual Bargaining To Show Good Faith

    Author Photo

    Though the National Labor Relations Board recently determined that a Starbucks union's insistence on hybrid meetings was not an attempt to stall negotiations, the board’s lack of a formal decision on when virtual bargaining might be warranted should warn employers to stay flexible about how they come to the table, says Brandon Shemtob at Stevens & Lee.

  • Employers Must Beware NLRB Noncompete Stance

    Author Photo

    The National Labor Relations Board general counsel’s position that overly broad noncompete agreements could violate federal labor means employers should weigh the potential risks before offering such agreements, even though this issue has yet to come before the board for decision, says Samantha Buddig at Laner Muchin.

  • AI Voice Tech Legal Issues To Consider In The Film Industry

    Author Photo

    As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

  • High Court Labor Ruling Is A Ripple, Not A Sea Change

    Author Photo

    Though the U.S. Supreme Court’s decision in Glacier Northwest v. International Brotherhood of Teamsters looks on the surface like a major win for employers’ right to sue unions for intentionally damaging company property during work stoppages, the ruling may not produce the far-reaching consequences employers hoped for, says Rob Entin at FordHarrison.

  • NLRB's Ruling On BLM Buttons Holds Employer Lessons

    Author Photo

    A recent National Labor Relations Board holding, that two companies violated federal labor law by banning employees from wearing Black Lives Matter buttons, at first seems to contrast with decisions in similar cases, but is based on specific key facts that employers should carefully consider, says Elizabeth Johnston at Verrill Dana.

  • NLRB Outburst Ruling Hampers Employer Discipline Options

    Author Photo

    A recent ruling from the National Labor Relations Board, which restores a worker-friendly standard on protections for profane outbursts during workplace actions, will severely limit employers' disciplinary processes, particularly when employee conduct crosses a line that would violate other federal statutes and regulations, says Michael MacHarg at Adams and Reese.

  • FLRA Ruling May Show Need For Congressional Clarification

    Author Photo

    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

    Author Photo

    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • Handbook Hot Topics: Remote Work Policies

    Author Photo

    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

Can't find the article you're looking for? Click here to search the Employment Authority Labor archive.