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Fifth Circuit Questions NLRB Constitutionality

In a landmark decision, the Fifth Circuit Court of Appeals ruled that the NLRB’s structure may be unconstitutional. Specifically, the court struck down injunctions issued by the agency against SpaceX and other companies, citing problems with how board members and administrative law judges are shielded from removal. The Constitutional Debate At the heart of the […]

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Union Rights Under Executive Orders Face New Urgency

A recent executive order allowed federal agencies to bypass traditional bargaining requirements in the name of “national security.” Courts initially permitted these measures on a provisional basis, emboldening agencies to strip back worker rights. Union Pushback Federal employee unions argue that the order represents an unprecedented rollback of labor protections. By removing the obligation to

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NLRB Authority Under Fire: Why States Can’t Step In

The National Labor Relations Board’s (NLRB) acting general counsel recently issued an opinion clarifying that states cannot substitute themselves as labor regulators, even when the NLRB lacks a quorum. Federal law, the memo stated, preempts state governments from taking over the board’s core responsibilities. The Quorum Challenge At times, the NLRB has faced operational slowdowns

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Con Edison Overtime Pay Lawsuit: What Workers Should Know

Con Edison, one of the nation’s largest energy utilities, is facing a class action lawsuit from workers who claim they were denied overtime pay. Specifically, traffic directors at job sites allege that they routinely worked beyond 40 hours per week without proper overtime compensation. A New York federal magistrate recently recommended that the case move

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More Arbitration, Fewer NLRB Battles: A Shift in Strategy

When the National Labor Relations Board’s Acting General Counsel William Cowen issued GC Memorandum 25-09 in early August 2025, he signaled a strategic shift in case handling—prioritize arbitration when possible, and reduce NLRB workload. The new directive encourages deferring unfair labor practice (ULP) charges when a grievance process exists, reshaping the agency’s enforcement posture. Cowen’s

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Sixth Circuit Demands Fresh Withdrawal Liability Calculation in Pension Dispute

In a recent decision, the Sixth Circuit ruled that a pension fund’s actuary must re-evaluate a Michigan paving firm’s withdrawal liability, rejecting the use of artificially low interest assumptions tied to policy goals rather than actuarial reality. Case Overview & Ruling The case centered on Ace-Saginaw Paving Co.’s partial exit from the Operating Engineers Local

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Union Member’s Age Discrimination Claim Over Denied Film Job Dismissed

A federal judge in Pennsylvania has tossed age bias and retaliation claims brought by a long-serving Teamsters member, who alleged his union and two film production companies colluded to bar him from a Tom Hanks film project. The ruling hinges on a failure to demonstrate a tangible adverse employment action. Background & Legal Ruling The

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Ninth Circuit Clears Path for Public Access to Federal Contractor Demographics

In a win for transparency advocates and investigative journalists, the Ninth Circuit Court of Appeals ruled that the U.S. Department of Labor (DOL) must hand over demographic workforce data from federal contractors to a nonprofit newsroom. The court’s decision affirms a lower court’s conclusion that this information is not protected as confidential commercial data and

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NLRB Memo Adds New Layer of Difficulty for Union ‘Salts’

A recent memo issued by the acting general counsel of the National Labor Relations Board (NLRB), William Cowen, could complicate how “salts”—union members who seek jobs with non-union employers to advocate for unionization—are protected under labor law. The guidance, which instructs regional offices to scrutinize the intent behind salts’ job applications, introduces a new obstacle

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Partial Win for Seasonal UPS Workers in Ongoing Wage Dispute

In a significant appellate decision, the Ninth Circuit partially revived wage claims brought by four former seasonal workers against United Parcel Service (UPS). The plaintiffs, who were temporarily employed during the busy holiday period, alleged they were not properly compensated during and after their employment. The court’s ruling allows several of their claims to proceed,

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