Labor

  • March 03, 2026

    Judge Says Accounts Of DOJ And FEMA 'Completely Different'

    A California federal judge overseeing a lawsuit by federal worker unions, local governments and nonprofits challenging Trump administration layoffs expressed deep frustration Tuesday after a U.S. Department of Justice attorney contradicted a senior Federal Emergency Management Agency official's sworn declaration in the case.

  • March 03, 2026

    NLRB Attys Say Car Co. Can't Ax Ruling With Label Quibble

    The Second Circuit should enforce the National Labor Relations Board's finding that a New York City car service company retaliated against its workers for joining a wage suit, board attorneys argued, urging the court to reject the company's contention that the drivers are independent contractors exempt from NLRB oversight.

  • March 03, 2026

    NLRB Urges DC Circ. To Nix Joint Employer Rule Challenge

    The National Labor Relations Board has urged the D.C. Circuit to reject the Service Employees International Union's challenge to the board's 2020 rule limiting the criteria for determining whether a business is a joint employer, arguing that the rule was adopted to help encourage stability and "meaningful collective bargaining."

  • March 03, 2026

    Ex-Raven Says NFL Players Union Abandoned His Injury Case

    The NFL Players Association delayed and then dropped an injury grievance against the Baltimore Ravens without the permission of the player filing the grievance, according to a lawsuit against the union in Texas state court.

  • March 03, 2026

    4th Circ. Won't Revive Retired Miners' Health Fight

    The Fourth Circuit refused Tuesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, keeping in place a West Virginia federal court's judgment that broadly favored the company following a seven-day bench trial.

  • March 03, 2026

    3rd Circ. Upholds Dismissal Of $800K Union Pension Suit

    A split Third Circuit panel said Tuesday it won't revive allegations that two companies owe about $800,000 to a union pension fund, ruling that a New Jersey federal judge properly tossed the claim because the fund waited eight years to tell the companies they owed the money.

  • March 03, 2026

    Union Fund Drops Boston Globe Pension Dispute

    A union pension fund has dropped its lawsuit alleging that the Boston Globe failed to pay monthly contributions and provide records of the hours its employees worked, according to a filing in D.C. federal court.

  • March 02, 2026

    Labor Bar Ponders Dangers Of More Vulnerable NLRB

    Members of the labor bar shared fears about the expected loss of the National Labor Relations Board's job protections Monday at an American Bar Association conference but struggled to offer viable solutions to the looming crisis.

  • March 02, 2026

    5th Circ. Presses McDermott Shareholders On Direct Claim

    A Fifth Circuit panel wanted to know why investors should get another shot at a direct class action alleging that McDermott International Inc. made misrepresentations about a $6 billion merger, asking Monday if the case before the court was "analogous" to a case alleging the company overpaid for the merger.

  • March 02, 2026

    D.C. Judge Pauses Challenge To Federal Worker Layoffs

    A D.C. federal judge has paused a challenge to the Trump administration's mass layoff of federal employees, telling a group of unions that he'll resume processing their lawsuit once rulings come down that clarify whether the case belongs before the Federal Labor Relations Authority.

  • March 02, 2026

    5th Circ. Judge Flags 'Pretty Extreme' Timing Of Barista Firing

    A Fifth Circuit judge said on Monday that the timing of Starbucks' firing of a California barista was "pretty extreme" and that management's words about benefits "do matter" as the court weighed the coffee giant's bid to overturn two unfavorable rulings by the National Labor Relations Board.

  • March 02, 2026

    Concrete Co. Says Teamsters Withheld Evidence In Strike Suit

    A concrete company has urged the National Labor Relations Board to reopen the record on a labor dispute stemming from a 2017 strike organized by a Teamsters local, arguing that the union didn't fully comply with a subpoena related to its planning and preparation for the strike.

  • March 02, 2026

    NLRB Attys Drop Push For Refusal-To-Bargain Payouts

    National Labor Relations Board prosecutors in the Trump era won't pursue a Biden-era mission to get workers compensated after their employer refuses to work with their union, a prosecutor told the board, saying new NLRB general counsel Crystal Carey isn't planning to attack the board's Ex-Cell-O precedent.

  • March 02, 2026

    Logistics Co. Illegally Delayed Grievance Reply, NLRB Says

    A warehouse, logistics and transportation company violated federal labor law by failing to timely respond to five employee grievances filed by the International Association of Machinists and Aerospace Workers, the National Labor Relations Board has ruled.

  • March 02, 2026

    Teamsters Unit Pushes To Arbitrate Alaska Hiring Hall Fight

    A Teamsters local urged an Alaska federal court to order a construction company to arbitrate grievances alleging it bypassed the union's hiring hall on infrastructure projects, arguing the contractor is breaching its collective bargaining agreement by refusing to arbitrate.

  • March 02, 2026

    Justices Reject Latest Bid To Nix Baseball's Antitrust Shield

    The U.S. Supreme Court refused to review baseball's long-standing exemption from federal antitrust law on Monday, in a case accusing a league in Puerto Rico of forcing out a team's owners.

  • February 27, 2026

    Charter Schools Lose Bid To Block Ill. Union Neutrality Law

    An Illinois federal judge won't block a new state law requiring charter schools to include a "union neutrality clause" in their charter agreements that instructs them to remain neutral on the unionization of their employees, ruling that the law is not unconstitutional.

  • February 27, 2026

    NLRB GC Tells Attys To Narrow Pursuit Of Rules Cases

    National Labor Relations Board general counsel Crystal Carey on Friday told regions to more selectively pursue cases accusing an employer of maintaining unlawful workplace rules, as part of a broader review of board case handling practices that she said will make the agency more efficient.

  • February 27, 2026

    Fed. Circ. Says Reinstated VA Worker Can Get Attorney Fees

    A U.S. Department of Veterans Affairs field examiner was still a prevailing party entitled to recover attorney fees and costs after the department reinstated her with back pay following her removal, the Federal Circuit ruled on Friday.

  • February 27, 2026

    NLRB Revives Case Against Starbucks Out Of Oklahoma City

    The National Labor Relations Board has revived accusations that Starbucks violated federal labor law during a union drive in Oklahoma City, vacating an order that had settled the case to Starbucks' satisfaction but drew protests from the union and board prosecutors.

  • February 27, 2026

    Ex-Officials Back Union Challenge To Feds' Resignation Offer

    A group of former public officials and legal scholars have urged the First Circuit to revive a union-led challenge to the Trump administration's resignation program for federal employees, saying a lower court improperly expanded a doctrine for evaluating when disputes must go through administrative channels rather than court.

  • February 27, 2026

    Calif. Forecast: Grubhub $25M Wage Deal Heads To Court

    In the next week, attorneys should watch for a preliminary settlement hearing in a long-running Grubhub driver classification suit that went to the Ninth Circuit. Here's a look at that case and other labor and employment matters on deck in California.

  • February 27, 2026

    Amazon Urges Court To Nix NY Labor Law

    Amazon has urged a New York federal court to permanently bar a new law allowing the state to act on behalf of the National Labor Relations Board, arguing that the court has already issued a preliminary injunction determining that it is likely to succeed in its challenge to the law.

  • February 27, 2026

    NY Forecast: NY Courts Vax Objection Case At 2nd Circ.

    This week, the Second Circuit will consider the New York State Unified Court System's challenge to a federal judge's decision finding the court system discriminated against a Christian employee by not accommodating her request for an exemption from its COVID-19 vaccine requirement. Here, Law360 looks at this and other cases on the docket in New York. 

  • February 26, 2026

    9th Circ. Lifts Injunction That Blocked Federal Union Ouster

    The Ninth Circuit gave the Trump administration the green light to kick unions out of nearly two dozen federal agencies Thursday, lifting a block on an executive order that let the agencies cut union ties claiming national security concerns.

Expert Analysis

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • NLRB Memo Shifts Tone On Defenses Against Union 'Salting'

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    The current Starbucks strike demonstrates the potential effects of salting, in which applicants seek employment in order to organize a union, and recent guidance from the National Labor Relations Board suggests that previously rejected employer defenses may now gain traction, says Daniel Johns at Cozen O'Connor.

  • How To Prepare If Justices Curb Gov't Contractor Immunity

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    Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

  • What To Mull After 9th Circ. Ruling On NLRB Constitutionality

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    The Ninth Circuit recently rejected three constitutional attacks on the National Labor Relations Board in NLRB v. North Mountain Foothills Apartments, leaving open a debate about what remedies the NLRB can award employees and creating a circuit split that could foretell a U.S. Supreme Court resolution, say attorneys at Proskauer.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • H-1B Fee Guidance Is Helpful But Notable Uncertainty Persists

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    Recent guidance narrowing the scope of the $100,000 entry fee for H-1B visas will allow employers to plan for the hiring season, but a lack of detail about the mechanics of cross-agency payment verification, fee exemptions and other practical matters still need to be addressed, say attorneys at Klasko Immigration Law Partners.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

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    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • What's At Stake In High Court Pension Liability Case

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    The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.

  • Trader Joe's Ruling Highlights Trademark Infringement Trends

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    The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

  • H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

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    The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law

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    The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.

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