Uncategorized

After regaining the members necessary to act officially, the NLRB released its first published decision, upholding certification of an SEIU bargaining unit at a Northern California dialysis center. The decision signals a return to normal operations following a period of limited functionality. Why Certification Matters Union certification establishes bargaining obligations and marks the formal beginning

The National Labor Relations Board has lost nearly 200 positions since the current administration took office, deepening concerns about whether the agency can effectively process cases amid rising caseloads. Staffing shortages have long been a challenge for the board, but recent reductions appear particularly significant. Operational Impact Fewer employees may translate into: The agency’s workload

Recent legislative changes in New York and New Jersey codifying disparate impact discrimination standards add complexity for employers navigating a shifting legal landscape after federal authorities signaled retreat from the doctrine. The divergence between federal and state approaches illustrates the growing fragmentation of employment law obligations. What Is Changing Disparate impact allows liability based on

The Trump administration has asked the D.C. Circuit to overturn injunctions preserving collective bargaining agreements at multiple federal agencies, arguing unions pursued the wrong procedural path by going to court rather than using internal administrative channels. The appeal highlights a recurring tension between administrative exhaustion requirements and immediate judicial relief. Procedural vs. Substantive Battles The

A Washington federal court has again stopped the Department of Homeland Security from terminating a collective bargaining agreement covering Transportation Security Administration employees, rejecting the government’s attempt to bypass a prior injunction by offering a new justification. The ruling reinforces judicial skepticism toward agencies attempting to sidestep court orders through revised reasoning rather than substantive

Former NLRB member Gwynne Wilcox is urging the D.C. Circuit to reverse a ruling allowing the president to remove NLRB members at will, warning it would dismantle the agency’s independence. The case raises fundamental questions about administrative structure and political control. Why Independence Matters The NLRB was designed as an independent agency to insulate labor

A federal court ruling blocking California from substituting its labor agency for the NLRB during periods of federal dysfunction has left only fragments of the state’s ambitious “fill-in” law intact. The decision significantly narrows California’s attempt to expand its role in private-sector labor relations. What Survived — and What Didn’t While some peripheral provisions remain,

Pacific Gas & Electric has agreed to pay $100 million to settle investor claims alleging the company misled markets about safety practices before catastrophic California wildfires. While not a labor case, the settlement has workforce and compliance implications for heavily regulated employers. What Investors Alleged Shareholders claimed PG&E downplayed infrastructure risks and safety failures, artificially

A Kaiser Permanente employee has asked a California federal judge to allow his amended discrimination lawsuit to proceed, arguing he adequately alleged that race played a role in the denial of a requested job transfer. The case illustrates the increasingly precise pleading standards governing workplace bias claims. What the Employee Must Show To survive dismissal,

A labor union is urging a Virginia federal court to enforce an arbitration award ordering the reinstatement of a bus driver who struck a pedestrian, rejecting the employer’s claim that the arbitrator exceeded his authority. The dispute underscores the limited role courts play in reviewing arbitration outcomes — even in cases involving serious misconduct. Arbitration’s